Chapter DHS 134

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.

DHS 134.67(3)(c) (c) The facility shall maintain a current pharmacy manual which includes policies and procedures and defines functions and responsibilities relating to pharmacy services. The manual shall be revised annually to keep it abreast of developments in services and management techniques.

DHS 134.67(3)(d) (d) A pharmacist or, in a small facility, a registered nurse shall review the medication record of each resident at least quarterly for potential adverse reactions, allergies, interactions and contraindications, and shall advise the physician of any changes that should be made in it.

DHS 134.67(4) (4) Emergency medication kit.

DHS 134.67(4)(a) (a) If a facility has an emergency medication kit, the emergency medication kit shall be under the control of a pharmacist.

DHS 134.67(4)(c) (c) The emergency kit shall be sealed and stored in a locked area accessible only to licensed nurses, physicians, pharmacists and other persons who may be authorized in writing by the physician designated under s. DHS 134.66 (2) (d) to have access to the kit.

DHS 134.67(5) (5) Requirements for all medication systems.

DHS 134.67(5)(a) (a) Obtaining new medications.

DHS 134.67(5)(a)1. 1. When a medication is needed which is not stocked, a registered nurse or designee shall telephone an order to the pharmacist who shall fill the order and release the medication in return for a copy of the physician’s written order.

DHS 134.67(5)(a)2. 2. When a new medication is needed which is stocked, a copy of the resident’s new medication order shall be sent to the pharmacist filling medication orders for the resident.

DHS 134.67(5)(b) (b) Storing and labeling medications. Unless exempted under par. (d), all medications shall be handled in accordance with the following provisions:

DHS 134.67(5)(b)1. 1. Medications shall be stored in locked cabinets, closets or rooms, be conveniently located in well-lighted areas and be kept at a temperature of no more than 85ºF. (29ºC.);

DHS 134.67(5)(b)2. 2. Medications shall be stored in their original containers and may not be transferred between containers, except by a physician or pharmacist;

DHS 134.67(5)(b)3. 3.

DHS 134.67(5)(b)3.a. a. Separately locked and securely fastened boxes or drawers, or permanently affixed compartments within the locked medications area, shall be provided for storage of schedule II drugs, subject to 21 USC ch. 13 and ch. 961, Stats.;

DHS 134.67(5)(b)3.b. b. For schedule II drugs, a proof-of-use record shall be maintained which lists, on separate proof-of-use sheets for each type and strength of schedule II drug, the date and time administered, resident’s name, physician’s name, dose, signature of the person administering the dose, and balance;

DHS 134.67(5)(b)3.c. c. Proof-of-use records shall be audited daily by the registered nurse or designee, except that in facilities in which a registered nurse is not required, the administrator or designee shall perform the audit of proof-of-use records daily;

DHS 134.67(5)(b)3.d. d. When the medication is received by the facility, the person completing the control record shall sign the record and indicate the amount received;

DHS 134.67(5)(b)4. 4. Medications packaged for an individual resident shall be kept physically separated from other residents’ medications;

DHS 134.67(5)(b)5. 5. Medications requiring refrigeration shall be kept in a separate covered container in a locked refrigeration unit, unless the refrigeration unit is available in a locked drug room;

DHS 134.67(5)(b)6. 6. Medications that are known to be poisonous if taken internally or that are labeled “for external use only” shall be kept physically separated from other medications within a locked area, except that time-released transdermal drug delivery systems, including nitroglycerin ointments, may be kept with internal medications;

DHS 134.67(5)(b)7. 7. Medications shall be accessible only to the registered nurse or designee, except that in facilities where no registered nurse is required, medications shall be accessible only to the administrator or designee. The key shall be in the possession of the person who is on duty and assigned to administer the medications;

DHS 134.67(5)(b)8. 8. Prescription medications shall be labeled as required by s. 450.07 (4), Stats., and with the expiration date. Nonprescription medications shall be labeled with the name of the medication, directions for use, expiration date and the name of the resident taking the medication; and

DHS 134.67(5)(b)9. 9. The facility may not give a medication to a resident after the expiration date of the medication.

DHS 134.67(5)(c) (c) Destruction of medications.

DHS 134.67(5)(c)1. 1. Unless otherwise ordered by a physician, a resident’s medication not returned to the pharmacy for credit shall be destroyed within 72 hours after receipt of a physician’s order discontinuing its use, the resident’s discharge, the resident’s death or passage of its expiration date. No resident’s medication may be held in the facility for more than 30 days unless an order is written by a physician every 30 days to hold the medication.

DHS 134.67(5)(c)2. 2. Records shall be kept of all medications returned for credit. Any medication under subd. 1. not returned for credit shall be destroyed in the facility and a record of the destruction shall be prepared which shall be signed and dated by 2 or more personnel who witnessed the destruction and who are licensed or registered in the health care field.

DHS 134.67(5)(d) (d) Resident control and use of medications.

DHS 134.67(5)(d)1. 1. Residents may have medications in their possession or stored at their bedsides if ordered by a physician or otherwise permitted under s. DHS 134.60 (4) (d) 4.

DHS 134.67(5)(d)2. 2. Medications in the possession of a resident which, if ingested or brought into contact with the nasal or eye mucosa would produce toxic or irritant effects, shall be stored and used by a resident only in accordance with the health, safety and welfare of all residents.

DHS 134.67(6) (6) Additional requirements for unit dose systems.

DHS 134.67(6)(a) (a) Scope. When a unit-dose drug delivery system is used, the requirements of this subsection shall apply in addition to those of sub. (5).

DHS 134.67(6)(b) (b) General procedures.

DHS 134.67(6)(b)1. 1. The individual medication in a unit dose system shall be labeled with the drug name, strength, expiration date and lot or control number.

DHS 134.67(6)(b)2. 2. A resident’s medication tray or drawer in a unit dose system shall be labeled with the resident’s name and room number.

DHS 134.67(6)(b)3. 3. Each medication shall be dispensed separately in single unit dose packaging exactly as ordered by the physician and in a manner that ensures the stability of the medication.

DHS 134.67(6)(b)4. 4. An individual resident’s supply of medications shall be placed in a separate, individually labeled container, transferred to the living unit and placed in a locked cabinet or cart. This supply may not exceed 4 days for any one resident.

DHS 134.67(6)(b)5. 5. If not delivered to the facility by the pharmacist, the pharmacist’s agent shall transport unit dose drugs in locked containers.

DHS 134.67(6)(b)6. 6. Individual medications shall remain in the identifiable unit dose package until directly administered to the resident. Transferring between containers is prohibited.

DHS 134.67(6)(b)7. 7. Unit dose carts or cassettes shall be kept in a locked area when not in use.

DHS 134.67 History History: Cr. Register, June, 1988, No. 390, eff. 7-1-88; CR 04-053: r. and recr. (2), r. (4) (b) and (5) (c) 3. Register October 2004 No. 586, eff. 11-1-04.

DHS 134.68 DHS 134.68 Laboratory, radiologic and blood services.

DHS 134.68(1) (1) Diagnostic services.

DHS 134.68(1)(a) (a) Facilities shall provide or promptly obtain laboratory, radiologic and other diagnostic services needed by residents.

DHS 134.68(1)(b) (b) Any laboratory and radiologic services provided by a facility shall meet the applicable requirements for hospitals found in ch. DHS 124.

DHS 134.68(1)(c) (c) If a facility does not provide the services required by this section, the facility shall make arrangements for obtaining the services from a physician’s office, hospital, nursing facility, portable x-ray supplier or independent laboratory.

DHS 134.68(1)(d) (d) No services under this subsection may be provided without an order of a physician or a physician extender.

DHS 134.68(1)(e) (e) A resident’s attending physician shall be notified promptly of the findings of all tests conducted on the resident.

DHS 134.68(1)(f) (f) The facility shall assist the resident, if necessary, in arranging for transportation to and from the provider of service.

DHS 134.68 Note Note: For record requirements, see s. DHS 134.47.

DHS 134.68(2) (2) Blood and blood products. Any blood-handling and storage facilities at an FDD shall be safe, adequate and properly supervised.

DHS 134.68 History History: Cr. Register, June, 1988, No. 390, eff. 7-1-88; corrections in (1) (b) and (2) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; CR 23-046: am. (2) Register April 2024 No. 820, eff. 5-1-24.

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

DHS 134.70(1) (1) Scope. Facilities that admit persons for short-term care may use the procedures included in this section rather than the procedures included in ss. DHS 134.52 and 134.60 (1). The requirements in this section apply to all facilities that admit persons for short-term care when they admit, evaluate or provide care for these persons. Short-term care is for either respite or recuperative purposes. Except as specified in this section, all requirements of this chapter, including s. DHS 134.51, apply to all facilities that admit persons for short-term care.

DHS 134.70(2) (2) Procedures for admission.

DHS 134.70(2)(a) (a) Respite care. For a person admitted to a facility for respite care, the following admission and resident care planning procedures may be carried out in place of the requirements under ss. DHS 134.52 and 134.60 (1):

DHS 134.70(2)(a)1. 1. A registered nurse or physician shall complete a comprehensive resident assessment of the person prior to or on the day of admission. This comprehensive assessment shall include evaluation of the person’s medical, nursing, dietary, rehabilitative, pharmaceutical, dental, social and activity needs. The consulting or staff pharmacist shall participate in the comprehensive assessment as provided under sub. (4) (a). As part of the comprehensive assessment, when the registered nurse or physician has identified a need for a special service, staff from the discipline that provides the service shall, on referral from the registered nurse or physician, complete a and assessment of the person’s prior health and care in that discipline. The comprehensive resident assessment shall include:

DHS 134.70(2)(a)1.a. a. A summary of the major needs of the person and of the care to be provided;

DHS 134.70(2)(a)1.b. b. A statement from the attending physician that the person is free from tuberculosis and other clinically apparent communicable diseases; and

DHS 134.70(2)(a)1.c. c. The attending physician’s plans for discharge.

DHS 134.70(2)(a)2. 2. The registered nurse, with verbal agreement of the attending physician, shall develop a written plan of care for the person being admitted prior to or at the time of admission. The plan of care shall be based on the comprehensive resident assessment under subd. 1., the physician’s orders and any special assessments under subd. 1.

DHS 134.70(2)(a)3. 3. The facility shall send a copy of the comprehensive resident assessment, the physician’s orders and the plan of care under subd. 2. to the person’s attending physician. The attending physician shall sign the assessment and the plan of care within 48 hours after the person is admitted.

DHS 134.70(2)(b) (b) Recuperative care. For a person admitted to a facility for recuperative care, the following admission and resident care planning procedures may be carried out in place of the requirements under ss. DHS 134.52 and 134.60 (1):

DHS 134.70(2)(b)1. 1. The person may be admitted only on order of a physician accompanied by information about the person’s medical condition and diagnosis, the physician’s initial plan of care, and either the physician’s written certification that the person is free of tuberculosis and other clinically apparent communicable diseases or an order of a physician for procedures to treat any disease the person may have.

DHS 134.70(2)(b)2. 2. A registered nurse shall prepare an initial plan of care for nursing services to be implemented on the day of admission, which shall be based on the physician’s initial plan of care under subd. 1. and shall be superseded by the plan of care under subd. 5.

DHS 134.70(2)(b)3. 3. A physician shall conduct a physical examination of the new resident within 48 hours following admission, unless a physical examination was performed by a physician within 15 days before admission.

DHS 134.70(2)(b)4. 4. A registered nurse shall complete a comprehensive resident assessment of the person prior to or within 72 hours after admission. The comprehensive assessment shall include evaluation of the person’s nursing, dietary, rehabilitative, pharmaceutical, dental, social and activity needs. The consulting or staff pharmacist shall participate in the comprehensive assessment as provided under sub. (4) (a). As part of the comprehensive assessment, when the registered nurse has identified a need for a special service, staff from the discipline that provides the service shall, on referral from the registered nurse, complete a and assessment of the person’s prior health and care in that discipline.

DHS 134.70(2)(b)5. 5. The registered nurse, with verbal agreement of the attending physician, shall develop a written plan of care for the new resident within one week after admission. The plan of care shall be based on the comprehensive resident assessment under subd. 4., the physician’s orders, and any special assessment under subd. 4.

DHS 134.70(2)(b)6. 6. The facility shall send a copy of the comprehensive resident assessment, the physician’s orders and the plan of care under subd. 5. to the new resident’s attending physician. The attending physician shall sign the assessment and the plan of care.

DHS 134.70(3) (3) Admission information.

DHS 134.70(3)(a) (a) This subsection takes the place of s. DHS 134.31 (3) (d) 1. for persons admitted for respite care or recuperative care.

DHS 134.70(3)(b) (b) No person may be admitted to a facility for respite care or recuperative care without signing or the person’s guardian or designated representative signing an acknowledgement of having received a statement before or on the day of admission which contains at least the following information:

DHS 134.70(3)(b)1. 1. An indication of the expected length of stay, with a note that the responsibility for care of the resident reverts to the resident or other responsible party following expiration of the designated length of stay;

DHS 134.70(3)(b)2. 2. An accurate description of the basic services provided by the facility, the rate charged for those services and the method of payment for them;

DHS 134.70(3)(b)3. 3. Information about all additional services regularly offered but not included in the basic services. The facility shall provide information on where a statement of the fees charged for each of these services can be obtained. These additional services include pharmacy, x-ray, beautician and all other additional services regularly offered to residents or arranged for residents by the facility;

DHS 134.70(3)(b)4. 4. The method for notifying residents of a change in rates or fees;

DHS 134.70(3)(b)5. 5. Terms for refunding advance payments in case of transfer, death or voluntary or involuntary termination of the service agreement;

DHS 134.70(3)(b)6. 6. Conditions for involuntary termination of the service agreement;

DHS 134.70(3)(b)7. 7. The facility’s policy regarding possession and use of personal belongings;

DHS 134.70(3)(b)8. 8. In the case of a person admitted for recuperative care, the terms for holding and charging for a bed during the resident’s temporary absence; and

DHS 134.70(3)(b)9. 9. In summary form, the residents’ rights recognized and protected by s. DHS 134.31 and all facility policies and regulations governing resident conduct and responsibilities.