DHS 94.03(1)(d)(d) Alternative treatment modes and services;
DHS 94.03(1)(e)(e) The probable consequences of not receiving the proposed treatment and services;
DHS 94.03(1)(f)(f) The time period for which the informed consent is effective, which shall be no longer than 15 months from the time the consent is given; and
DHS 94.03(1)(g)(g) The right to withdraw informed consent at any time, in writing.
DHS 94.03(2)(2) An informed consent document is not valid unless the subject patient who has signed it is competent, that is, is substantially able to understand all significant information which has been explained in easily understandable language, or the consent form has been signed by the legal guardian of an incompetent patient or the parent of a minor, except that the patient’s informed consent is always required for the patient’s participation in experimental research, subjection to drastic treatment procedures or receipt of electroconvulsive therapy.
DHS 94.03(2m)(2m) In emergency situations or where time and distance requirements preclude obtaining written consent before beginning treatment and a determination is made that harm will come to the patient if treatment is not initiated before written consent is obtained, informed consent for treatment may be temporarily obtained by telephone from the parent of a minor patient or the guardian of a patient. Oral consent shall be documented in the patient’s record, along with details of the information verbally explained to the parent or guardian about the proposed treatment. Verbal consent shall be valid for a period of 10 days, during which time informed consent shall be obtained in writing.
DHS 94.03(3)(3) The patient, or the person acting on the patient’s behalf, shall be given a copy of the completed informed consent form, upon request.
DHS 94.03(4)(4) When informed consent is refused or withdrawn, no retaliation may be threatened or carried out.
DHS 94.03 NoteNote: Additional requirements relating to refusal to participate in prescribed treatment are addressed under s. DHS 94.09.
DHS 94.03 HistoryHistory: Cr. Register, January, 1987, No. 373, eff. 2-1-87; am. (1) (intro.), (a), (b), (d), (e), (f), cr. (2m), Register, June, 1996, No. 486, eff. 7-1-96.
DHS 94.04DHS 94.04Notification of rights.
DHS 94.04(1)(1) Before or upon admission or, in the case of an outpatient, before treatment is begun, the patient shall be notified orally and given a written copy of his or her rights in accordance with s. 51.61 (1) (a), Stats., and this chapter. Oral notification may be accomplished by showing the patient a video about patient rights under s. 51.61, Stats., and this chapter. The guardian of a patient who is incompetent and the parent of a minor patient shall also be notified, if they are available. Notification is not required before admission or treatment when there is an emergency.
DHS 94.04 NoteNote: The statute does not make distinctions among types of treatment facilities when it comes to protecting patients’ rights. Some rights may be more applicable to patients in inpatient facilities than to patients in less restrictive facilities such as sheltered workshops or outpatient clinics. When informing patients of their rights, facility directors may emphasize those rights that are most applicable to the particular facility, program or services but s. 51.61, Stats., requires notification that other rights exist and may, under some circumstances, apply in a given situation.
DHS 94.04(2)(2) Before, upon or at a reasonable time after admission, a patient shall be informed in writing, as required by s. 51.61 (1) (w), Stats., of any liability that the patient or any of the patient’s relatives may have for the cost of the patient’s care and treatment and of the right to receive information about charges for care and treatment services.
DHS 94.04(3)(3) Patients who receive services for an extended period of time shall be orally re-notified of their rights at least annually and be given another copy of their rights in writing if they request a copy or if there has been a statutory change in any of their rights since the time of their admission.
DHS 94.04(4)(4) If a patient is unable to understand the notification of rights, written and oral notification shall be made to the parent or guardian, if available, at the time of the patient’s admission or, in the case of an outpatient, before treatment is begun, and to the patient when the patient is able to understand.
DHS 94.04(5)(5) All notification of rights, both oral and written, shall be in language understood by the patient, including sign language, foreign language or simplified language when that is necessary. A simplified, printed version of patients rights shall be conspicuously posted in each patient area.
DHS 94.04 NoteNote: A simplified version of patient rights in poster form is available from the Division of Mental Health and Substance Abuse Services, P.O. Box 7851, Madison, WI 53707 or at www.dhs.wisconsin.gov/clientrights.
DHS 94.04 HistoryHistory: Cr. Register, January, 1987, No. 373, eff. 2-1-87; am. (1), renum. (2), (3) to be (4), (5), cr. (2), (3), Register, June, 1996, No. 486, eff. 7-1-96.
subch. II of ch. DHS 94Subchapter II — Patient Rights
DHS 94.05DHS 94.05Limitation or denial of rights.
DHS 94.05(1)(1) No patient right may be denied except as provided under s. 51.61 (2), Stats., and as otherwise specified in this chapter.
DHS 94.05(2)(2)
DHS 94.05(2)(a)(a) Good cause for denial or limitation of a right exists only when the director or designee of the treatment facility has reason to believe the exercise of the right would create a security problem, adversely affect the patient’s treatment or seriously interfere with the rights or safety of others.
DHS 94.05(2)(b)(b) Denial of a right may only be made when there are documented reasons to believe there is not a less restrictive way of protecting the threatened security, treatment or management interests.
DHS 94.05(2)(c)(c) No right may be denied when a limitation can accomplish the stated purpose and no limitation may be more stringent than necessary to accomplish the purpose.
DHS 94.05(3)(3) At the time of the denial or limitation, written notice shall be provided to the patient and the guardian, if any, and a copy of that notice shall be placed in the patient’s treatment record. The written notice shall:
DHS 94.05(3)(a)(a) Inform the patient and the guardian, if any, of the right to an informal hearing or a meeting with the person who made the decision to limit or deny the right.
DHS 94.05(3)(b)(b) State the specific conditions required for restoring or granting the right at issue;