Wisconsin Legislature: DHS 134.13(1)

DHS 134.60 Resident care.

DHS 134.61 Nursing services.

DHS 134.62 Professional program services.

DHS 134.64 Dietetic services.

DHS 134.65 Dental services.

DHS 134.66 Medical services.

DHS 134.67 Pharmaceutical services.

DHS 134.68 Laboratory, radiologic and blood services.

DHS 134.70 Special requirements when persons are admitted for short-term care.

Subchapter VI — Physical Environment

DHS 134.71 Furniture, equipment and supplies.

DHS 134.72 Safety and sanitation.

Subchapter VII — Life Safety, Design and Construction

DHS 134.81 Scope and definitions.

DHS 134.812 Review for compliance with this chapter and the state building code.

DHS 134.815 Fees for plan reviews.

DHS 134.82 Life safety code.

DHS 134.83 Safety and systems.

DHS 134.84 Design.

Note: Chapter H 34 as it existed on June 30, 1988 was repealed and a new chapter HFS 134 was created effective July 1, 1988; Chapter HSS 134 was renumbered chapter HFS 134 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, December, 1996, No. 492. Chapter HFS 134 was renumbered chapter DHS 134 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.

Subchapter I — General

DHS 134.11 Authority and purpose. This chapter is promulgated under the authority of s. 50.02 (2) and (3), Stats., to provide conditions of licensure for facilities that primarily serve people with developmental disabilities who require active treatment. This chapter is intended to protect and promote the health, safety and well-being of residents of these facilities.

History: Cr. Register, June, 1988, No. 390, eff. 7-1-88; CR 03-033: am. Register December 2003 No. 576, eff. 1-1-04.

DHS 134.12 Scope.

(1) Applicability. All facilities that provide care primarily for people with developmental disabilities who require active treatment, including facilities owned and operated by the state, a county, a municipality or another public body, are subject to this chapter.

(2) Cumulative rights. The rights and safeguards provided by these rules are cumulative and may not be construed as restricting any right or safeguard provided for any resident by ch. 50, 51, 54, or 55, Stats., or any other applicable statute or rule.

History: Cr. Register, June, 1988, No. 390, eff. 7-1-88; CR 03-033: am. (1) Register December 2003 No. 576, eff. 1-1-04; CR 04-053: am. (1) Register October 2004 No. 586, eff. 11-1-04; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register October 2007 No. 622.

DHS 134.13 Definitions. In this chapter:

(1) “Abuse” has the meaning specified under s. DHS 13.03 (1).

(2) “Active treatment” means an ongoing, aggressive and consistently applied program of training and treatment services to allow the client to function as independently as possible and maintain his or her maximum functional abilities.

(3) “ADL” or “activities of daily living” means personal skills essential for privacy and independence including toilet training, personal hygiene, self feeding, bathing, dressing, grooming and communication of basic needs.

(4) “Administrator” means a person who is licensed under ch. 456, Stats., and who is responsible for the total operation of the facility.

(4m) “Advanced practice nurse prescriber” means a person who has been granted a certificate to issue prescription orders under s. 441.16 (2), Stats.

(5) “Ambulatory” means able to walk independently or with limited assistance from a person or equipment, such as a walker or cane.

(6) “Behavior management” means a method used to establish, alter, maintain or eliminate specified behaviors by providing reinforcement that increases the strength of appropriate behaviors and decreases the strength of inappropriate behaviors.

(7) “Center for the developmentally disabled” means a department-operated residential institution for the care of people with developmental disabilities.

Note: There are 3 state centers for people with developmental disabilities in Wisconsin: Central Center, Northern Center and Southern Center.

(8) “Department” means the Wisconsin department of health services.

(9) “Developmental disability” means intellectual disability or a related condition such as cerebral palsy, epilepsy or autism, but excluding mental illness and degenerative brain disorder, which is:

(a) Manifested before the individual reaches age 22;

(b) Likely to continue indefinitely; and

1. Self-care;

2. Understanding and use of language;

3. Learning;

4. Mobility;

5. Self-direction; and

6. Capacity for independent living.

(10) “Dietitian” means a person who is any of the following:

(a) Certified with the state of Wisconsin under s. 448.78, Stats.; or

(b) Licensed or certified as a dietitian in another state.

(11) “Existing facility” means a facility that was licensed under ch. H 34 or 132 on July 1, 1988.

(12) “Facility” means a facility serving people with developmental disabilities.

(13) “FDD” or “facility serving people with developmental disabilities” means a residential facility with a capacity of 4 or more individuals who need and receive active treatment and health services as needed.

(14) “Full-time” means at least 37.5 hours each week devoted to facility business.

(15) “Habilitation” means treatment provided to promote and maintain the individual’s highest level of physical, social and economic functioning and to prevent further loss of functioning, and includes treatment following rehabilitation which is necessary to maintain the achieved level of functioning and to prevent further loss of functioning.

(16) “Health services supervisor” means a registered nurse or licensed practical nurse who is responsible for supervising health care provided to facility residents.

(17) “Interdisciplinary team” means the persons who possess the knowledge, skills and expertise necessary to accurately identify the comprehensive array of the client’s needs and design a program that is responsive to those needs.

(18) “IPP” or “individual program plan” means a written statement of the services which are to be provided to a resident based on an interdisciplinary assessment of the individual’s developmental needs, expressed in behavioral terms, the primary purpose of which is to provide a framework for the integration of all the programs, services and activities received by the resident and to serve as a comprehensive written record of the resident’s developmental progress.

(18m) “Involuntary administration of psychotropic medication” means any of the following:

(a) Placing psychotropic medication in an individual’s food or drink with knowledge that the individual protests receipt of the psychotropic medication.

(b) Forcibly restraining an individual to enable administration of psychotropic medication.

(19) “Licensed practical nurse” means a person licensed as a practical nurse under ch. 441, Stats.

(20) “Life safety code” means the National Fire Protection Association’s standard 101.

(21) “Living unit” means the area of a facility that houses the residents’ bedrooms and may include dining and activity areas.

(22) “Medical care plan” means a formal plan for providing physician services and related medical care services.

(23) “Mobile nonambulatory” means unable to walk without assistance, but able to move from place to place with the use of a device such as a walker, crutches, a wheel chair or a wheeled platform.

(23m) “Neglect” has the meaning specified under s. DHS 13.03 (14).

(24) “New construction” or “newly constructed” means construction for the first time of any building or addition to an existing building, for which the plans are approved by the department after July 1, 1988.

(25) “New facility” means a facility that was not licensed under ch. H 34 or 132 on July 1, 1988.

(26) “NFPA” means national fire protection association.

(27) “Nonambulatory” means unable to walk without assistance.

(28) “Nonmobile” means unable to move from place to place.

(29) “Nurse” means a registered nurse or a licensed practical nurse.

(30) “Nurse practitioner” means a registered professional nurse who meets the requirements of s. DHS 105.20.

(31) “Nursing assistant” means a person who is employed primarily to provide direct care services to residents but is not registered or licensed under ch. 441, Stats.

(32) “Pharmacist” means a person registered as a pharmacist under ch. 450, Stats.

(33) “Physical therapist” means a person licensed to practice physical therapy under ch. 448, Stats.

(34) “Physician” means a person licensed to practice medicine or osteopathy under ch. 448, Stats.

(35) “Physician extender” means a person who is a physician’s assistant or a nurse practitioner acting under the general supervision and direction of a physician.

(36) “Physician assistant” means a person certified under ch. 448, Stats., to perform as a physician assistant.

(37) “Practitioner” means a physician, dentist, podiatrist or other person permitted under Wisconsin law to distribute, dispense and administer prescription drugs, including controlled substances, in the course of professional practice.

(38) “Primarily serves” means that at least 51% of an existing facility’s residents, calculated on an annual basis, have a developmental disability, and 100% of a new facility’s residents have a developmental disability.

(38g) “Protest” means make more than one discernible negative response, other than mere silence, to the offer of, recommendation for, or other proffering of voluntary receipt of psychotropic medication. “Protest” does not mean a discernible negative response to a proposed method of administration of the psychotropic medication.

(38r) “Psychotropic medication” means a prescription drug, as defined in s. 450.01 (20), Stats., that is used to treat or manage a psychiatric symptom or challenging behavior.

(39) “QIDP” or “qualified intellectual disabilities professional” means a person who has specialized training in intellectual disabilities or at least one year of experience in treating or working with people with intellectual disabilities or other developmental disabilities, and is one of the following:

(a) A psychologist licensed under ch. 455, Stats.;