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DHS 134.64(2)(a)(a) Numbers. A facility shall have enough capable staff to meet the food and nutrition needs of the residents. In small facilities the residents shall be encouraged to participate, under proper supervision, in planning, preparing and serving the food.
DHS 134.64(2)(b)(b) Supervision. Dietetic services shall be supervised by a full-time supervisor, except that an FDD with fewer than 50 residents may employ a part-time supervisor.
DHS 134.64(2)(c)(c) Qualifications. The dietetic services supervisor shall be either:
DHS 134.64(2)(c)1.1. A dietitian; or
DHS 134.64(2)(c)2.2. Shall receive necessary consultation from a dietition, and shall either:
DHS 134.64(2)(c)2.a.a. Hold an associate degree as a dietetic technician; or
DHS 134.64(2)(c)2.b.b. Have completed a course of study in food service supervision at a vocational, technical and adult education school, or an equivalent school or program, or presently be enrolled in a course of study in food service supervision.
DHS 134.64 NoteNote: See s. DHS 134.47 (5) (c) 6. for required documentation of consultation from a dietitian.
DHS 134.64(3)(3)Staff health and personal hygiene. Food service staff and other staff who prepare and serve food shall be in good health and practice hygienic food-handling techniques.
DHS 134.64 NoteNote: For inservice training requirements, see s. DHS 134.45.
DHS 134.64(4)(4)Menus.
DHS 134.64(4)(a)(a) General diets.
DHS 134.64(4)(a)1.1. Menus shall be planned and written at least 2 weeks in advance of their use, shall be different for the same days of each week and shall be adjusted for seasonal availability of foods.
DHS 134.64(4)(a)2.2. The facility shall provide nourishing, well-balanced meals that are, to the extent medically possible, in accordance with the recommended dietary allowances of the food and nutrition board of the national research council, national academy of sciences, adjusted for age, sex, activity level and disability. See Appendix A of this chapter.
DHS 134.64 NoteNote: For more information about nutritional needs of residents, write the Division of Quality Assurance, P.O. Box 2969, Madison, WI 53701-2969.
DHS 134.64(4)(a)3.3. The facility shall make a reasonable adjustment to accommodate each resident’s preferences, habits, customs, appetite and physical condition.
DHS 134.64(4)(a)4.4. Food may not be denied to a resident in order to punish the resident unless the denial is a part of an approved, documented behavior management program under s. DHS 134.60 (6), and then only if a nutritionally adequate diet is maintained.
DHS 134.64(4)(a)5.5. A variety of foods, including protein foods, fruits, vegetables, dairy products, breads and cereals, shall be provided.
DHS 134.64(4)(b)(b) Modified diets.
DHS 134.64(4)(b)1.1. Modified diets shall be prescribed by the attending physician. The attending physician may delegate to a licensed or certified dietitian the task of prescribing a resident’s diet, including a modified diet, to the extent allowed by law. A modified diet shall be served consistent with that order. A dietitian shall participate in decisions about modified and special diets. A record of the order shall be kept on file.
DHS 134.64(4)(b)2.2. The modified diet shall be reviewed by the physician and the dietitian on a regularly scheduled basis and adjusted as needed. Modifications may include changes in the type and texture of food.
DHS 134.64(5)(5)Meal service.
DHS 134.64(5)(a)(a) Schedule. The facility shall serve at least 3 meals daily at regular times comparable to normal meal times in the community. No more than 14 hours may elapse between a substantial evening meal and breakfast the following day, and not less than 10 hours may elapse between breakfast and the evening meal of the same day.
DHS 134.64(5)(b)(b) Table service. All meals shall be served in dining rooms unless otherwise required by a physician or by decision of the resident’s interdisciplinary team. The facility shall provide table service in dining rooms for all residents who can and want to eat at a table, including residents in wheelchairs.
DHS 134.64(5)(c)(c) Developmental needs of residents. Dining areas shall be equipped with tables, chairs, eating utensils and dishes to meet the developmental needs of each resident.
DHS 134.64(5)(d)(d) Self-help. There shall be adequate staff and supervision in dining rooms and resident rooms to direct self-help eating procedures and to ensure that each resident receives sufficient and appropriate foods to meet the resident’s needs.
DHS 134.64(5)(e)(e) Re-service. Food served but uneaten shall be discarded unless it is served in the manufacturer’s package which remains unopened and is maintained at a safe temperature.
DHS 134.64(5)(f)(f) Temperature. Food shall be served at proper temperatures but not more than 50ºF. (10ºC.) for cold foods and not less than 120ºF. (49ºC.) for hot foods.
DHS 134.64(5)(g)(g) Snacks. If not prohibited by the resident’s diet or condition, snacks shall be routinely offered to each resident between the evening meal and bedtime. Between-meal snacks shall be planned in advance and shall be consistent with daily nutritional needs.
DHS 134.64(6)(6)Food supplies, preparation and cooking.
DHS 134.64(6)(a)(a) Food supplies. Food shall be obtained from sources that comply with all laws relating to food and food labeling.
DHS 134.64(6)(b)(b) Preparation and cooking. Food shall be cleaned, prepared and cooked using methods that conserve nutritive value, flavor and appearance and prevent food contamination. Food shall be cut, chopped or ground as required for individual residents.
DHS 134.64(7)(7)Sanitation.
DHS 134.64(7)(a)(a) Equipment, utensils and environment.
DHS 134.64(7)(a)1.1. All equipment, appliances and utensils used in preparation or serving food shall be maintained in a functional, sanitary and safe condition. New and replacement equipment shall meet criteria, if any, established by the national sanitation foundation.
DHS 134.64(7)(a)2.2. The floors, walls and ceilings of all rooms in which food or drink is stored, prepared or served, or in which utensils are washed or stored, shall be kept clean and in good repair.
DHS 134.64(7)(a)3.3. All furnishings, table linens, drapes and furniture in rooms in which food is stored, prepared or served, or in which utensils are washed or stored, shall be in good condition and maintained in a clean and sanitary condition.
DHS 134.64 NoteNote: Copies of the National Sanitation Foundation’s “Listing of Food Service Equipment” are kept on file and may be consulted in the Department’s Division of Quality Assurance and the Legislative Reference Bureau.
DHS 134.64(7)(b)(b) Storage and handling of food.
DHS 134.64(7)(b)1.1. Food shall be stored, prepared, distributed and served under sanitary conditions that prevent contamination.
DHS 134.64(7)(b)2.2. All potentially hazardous food that requires refrigeration to prevent spoilage shall, except when being prepared or served, be kept in a refrigerator which shall have a temperature maintained at or below 40° F. (4° C.).
DHS 134.64 NoteNote: See ch. DHS 145 for the requirements for reporting incidents of suspected disease transmitted by food.
DHS 134.64(7)(c)(c) Animals. Animals shall be kept out of areas of the facility where food is prepared, served or stored or where utensils are washed or stored.
DHS 134.64(8)(8)Dishwashing. Whether washed by hand or by mechanical means, all dishes, plates, cups, glasses, pots, pans and utensils shall be cleaned in accordance with accepted procedures, which shall include separate steps for pre-washing, washing, rinsing and sanitizing by means of hot water or chemicals or a combination approved by the department.
DHS 134.64 NoteNote: For more detailed information on safe and proper methods of dishwashing, see s. DHS 190.10.
DHS 134.64 HistoryHistory: Cr. Register, June, 1988, No. 390, eff. 7-1-88; CR 04-053: r. (6) (c) and (7) (a) 4. Register October 2004 No. 586, eff. 11-1-04; 2017 Wis. Act 101: am. (4) (b) 1. Register December 2017 No. 744, eff. 1-1-18.
DHS 134.65DHS 134.65Dental services.
DHS 134.65(1)(1)Formal arrangements. The facility shall have a formal written arrangement with dental service providers to provide the dental services required for each resident under this section. The services shall be provided by personnel licensed or certified under ch. 447, Stats.
DHS 134.65(2)(2)Dental care.
DHS 134.65(2)(a)(a) Dental examination.
DHS 134.65(2)(a)1.1. Not later than one month after a resident’s admission, unless the person was given a comparable examination within 6 months before admission, each resident shall be provided with comprehensive diagnostic dental services that include a complete extraoral and intraoral examination using all diagnostic aids necessary to properly evaluate the resident’s oral condition.
DHS 134.65(2)(a)2.2. The results of the examination under subd. 1. shall be entered into the resident’s record.
DHS 134.65(2)(b)(b) Treatment. The facility shall ensure that each resident is provided with dental treatment through a system that ensures that each resident is reexamined at least once a year and more often if needed.
DHS 134.65(2)(c)(c) Emergency dental care. The facility shall provide for emergency dental care for residents on a 24-hour a day basis by licensed dentists.
DHS 134.65(2)(d)(d) Dental education and training. The facility shall provide education and training in the maintenance of oral health, including a dental hygiene program that informs residents and all staff of nutrition and diet control measures, and residents and living unit staff of proper oral hygiene methods.
DHS 134.65 NoteNote: For resident care staff in-service training requirements, see s. DHS 134.45 (2) (b); for record requirements, see s. DHS 134.47 (4) (i); for discharge and transfer record requirements, see s. DHS 134.53 (4) (d).
DHS 134.65 HistoryHistory: Cr. Register, June, 1988, No. 390, eff. 7-1-88.
DHS 134.66DHS 134.66Medical services.
DHS 134.66(1)(1)Medical services - general. A facility shall have written agreements with health care providers to provide residents with 24-hour medical services, including emergency care.
DHS 134.66(2)(2)Physician services.
DHS 134.66(2)(a)(a) Attending physician.
DHS 134.66(2)(a)1.1. Each resident shall be under the supervision of a physician of the resident’s or guardian’s choice who shall evaluate and monitor the resident’s immediate and long-term needs and prescribe measures necessary for the health, safety and welfare of the resident.
DHS 134.66(2)(a)2.2. The attending physician shall participate in the development of the individual program plan required under s. DHS 134.60 (1) (b) 1. for each newly admitted resident under his or her care as part of the interdisciplinary team process.
DHS 134.66(2)(a)3.3. The attending physician shall ensure that arrangements are made for medical care of the resident during the attending physician’s absence.
DHS 134.66(2)(b)(b) Physician’s visits.
DHS 134.66(2)(b)1.1. Each resident shall be seen by his or her attending physician at least once a year and more often as needed.
DHS 134.66(2)(b)2.2. The attending physician shall review the resident’s individual program plan required under s. DHS 134.60 (1) (b).
DHS 134.66(2)(b)3.3. The attending physician shall write orders for medications, special studies and routine screening examinations as indicated by the resident’s condition or as observed at the time of a visit and shall also review existing orders and treatments for needed changes at the time of each visit.
DHS 134.66(2)(b)4.4. A progress note shall be written, dated and signed by the attending physician at the time of each visit.
DHS 134.66(2)(b)5.5. Physician visits are not required for respite care residents except as provided under s. DHS 134.70 (5).
DHS 134.66(2)(c)(c) Participation in evaluation. A physician shall participate in the interdisciplinary review under s. DHS 134.60 (1) (c) 2. when a physician’s participation is indicated by the medical or psychological needs of the resident.
DHS 134.66(2)(d)(d) Designated physician. The facility shall designate a physician by written agreement with the physician to advise the facility about general health conditions and practices and to render or arrange for emergency medical care for a resident when the resident’s attending physician is not available.
DHS 134.66 NoteNote: See requirements in s. DHS 134.68 for providing or obtaining laboratory, radiologic and blood services.
DHS 134.66(3)(3)Monitoring resident health. The facility shall promptly detect resident health problems by means of adequate medical surveillance and regular medical examinations, including annual examinations of vision and hearing, routine immunizations and tuberculosis control measures, and shall refer residents for treatment of these problems.
DHS 134.66 HistoryHistory: Cr. Register, June, 1988, No. 390, eff. 7-1-88.
DHS 134.67DHS 134.67Pharmaceutical services.
DHS 134.67(1)(1)Definitions. In this section:
DHS 134.67(1)(a)(a) “Medication” has the meaning prescribed for “drug” in s. 450.06, Stats.
DHS 134.67(1)(b)(b) “Prescription medication” has the meaning prescribed for “prescription drug” in s. 450.07, Stats.
DHS 134.67(1)(c)(c) “Schedule II drug” means any drug listed in s. 961.16, Stats.
DHS 134.67(2)(2)Services. Each facility shall provide for obtaining medications for the residents directly from licensed pharmacies.
DHS 134.67(3)(3)Supervision.
DHS 134.67(3)(a)(a) The facility shall have a written agreement with a pharmacist and a registered nurse who, with the administrator, shall develop the pharmaceutical policies and procedures appropriate to the size and nature of the facility that will ensure the health, safety and welfare of the residents, including policies and procedures concerning:
DHS 134.67(3)(a)1.1. Handling and storage of medications;
DHS 134.67(3)(a)2.2. Administration of medications, including self-administration;
DHS 134.67(3)(a)3.3. Review of medication errors;
DHS 134.67(3)(a)4.4. Maintenance of an emergency medication kit under sub. (4); and
DHS 134.67(3)(a)5.5. Automatic termination of medication orders which are not limited as to time and dosages.
DHS 134.67(3)(b)(b) The pharmacist or, in a small facility, a registered nurse shall visit the facility at least quarterly to review drug regimens and medication practices and shall submit a written report of findings and recommendations to the facility administrator.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.