DHS 94.21 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87.

DHS 94.22 DHS 94.22 Voting.

DHS 94.22(1) (1) The director of each treatment facility serving inpatients shall ensure that inpatients have an opportunity to vote, unless they are otherwise restricted by law from voting, by:

DHS 94.22(1)(a) (a) Surveying all patients 18 years of age or over to ascertain their interest in registering to vote, obtaining absentee ballots and casting ballots. The survey shall be conducted far enough before an election to allow sufficient time for voter registration and acquisition of absentee ballots;

DHS 94.22(1)(b) (b) Making arrangements with state and local election officials to register voters and to enable interested inpatients to cast ballots at the facility; and

DHS 94.22(1)(c) (c) With a patient’s consent, assisting election officials in determining the patient’s place of residence for voting purposes.

DHS 94.22(2) (2) A treatment facility director may not prohibit an inpatient from receiving campaign literature or placing political advertisements in his or her personal quarters and shall permit candidates to campaign during reasonably regulated times at designated locations on facility property.

DHS 94.22 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87.

DHS 94.23 DHS 94.23 Discharge of voluntary patients.

DHS 94.23(1) (1) When a voluntary inpatient requests a discharge, the facility director or designee shall either release the patient or file a statement of emergency detention with the court as provided under ss. 51.10 (5), 51.13 (7) (b) and 51.15 (10), Stats., and this section.

DHS 94.23(2) (2) If a voluntary inpatient requests a discharge and he or she has no other living quarters or is in need of other services to make the transition to the community, the following actions shall be taken by the facility director or designee prior to discharge:

DHS 94.23(2)(a) (a) Counsel the patient and, when possible, assist the patient in locating living quarters;

DHS 94.23(2)(b) (b) Inform the applicable program director, if any, of the patient’s need for residential and other necessary transitional services; and

DHS 94.23(2)(c) (c) If no living arrangements have been made by the time of discharge, refer the patient to an appropriate service agency for emergency living arrangements.

DHS 94.23 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87.

DHS 94.24 DHS 94.24 Humane psychological and physical environment.

DHS 94.24(1) (1) Clean, safe and humane environment. Treatment facilities shall provide patients with a clean, safe and humane environment as required under s. 51.61 (1) (m), Stats., and this section.

DHS 94.24(2) (2) Comfort, safety and respect.

DHS 94.24(2)(a) (a) Staff shall take reasonable steps to ensure the physical safety of all patients.

DHS 94.24(2)(b) (b) Each patient shall be treated with respect and with recognition of the patient’s dignity by all employees of the service provider and by all licensed, certified, registered or permitted providers of health care with whom the patient comes in contact.

DHS 94.24(2)(c) (c) A treatment facility may fingerprint a patient only if the patient is unknown, has no means of identification, cannot otherwise be identified and fingerprinting is required for identification. This restriction does not apply to patients transferred to the facility under s. 51.35 (3) or 51.37, Stats., or committed under ch. 971 or 975, Stats.

DHS 94.24(2)(d) (d) Only inpatients may be subjected to a body search. All body searches shall be conducted as follows:

DHS 94.24(2)(d)1. 1. A personal search of an inpatient may be conducted by any facility staff member:

DHS 94.24(2)(d)1.a. a. Before a patient leaves or enters the security enclosure of maximum security units;

DHS 94.24(2)(d)1.b. b. Before a patient is placed in seclusion;

DHS 94.24(2)(d)1.c. c. When there is documented reason to believe the patient has, on his or her person, objects or materials which threaten the safety or security of patients or other persons; or

DHS 94.24(2)(d)1.d. d. If, for security reasons, the facility routinely conducts personal searches of patients committed under ch. 971 or 975, Stats., patients residing in the maximum security facility at the Mendota mental health institute or a secure mental health unit or facility under s. 980.065, Stats., and persons transferred under s. 51.35 (3) or 51.37, Stats.;

DHS 94.24(2)(d)2. 2. A strip search of an inpatient may be conducted:

DHS 94.24(2)(d)2.a. a. Only in a clean and private place;