DHS 134.33(5) (5) Emergencies. In an emergency, the person in charge of the facility may order the confinement of a resident to a locked unit if necessary to protect the resident or another person from injury or to prevent physical harm to the resident or another person resulting from the destruction of property, provided the physician is notified within one hour and written authorization for continued use is obtained from the physician within 12 hours. No resident may be confined for more than an additional 72 hours under order of the physician.

DHS 134.33 History History: Cr. Register, June, 1988, No. 390, eff. 7-1-88; corrections in (3) (a) 2., 3. and (b) made under s. 13.93 (2m) (b) 7., Stats., Register October 2007 No. 622.

subch. III of ch. DHS 134 Subchapter III — Management

DHS 134.41 DHS 134.41 Administrator.

DHS 134.41(1) (1) Administrator’s responsibility. The administrator is responsible for the total operation of the facility and shall provide the supervision necessary to ensure that the residents receive proper care and treatment, that their health and safety are protected and promoted and that their rights are respected.

DHS 134.41(2) (2) Full-time administrator. Every facility shall be supervised by a full-time administrator licensed under ch. 456, Stats., except that:

DHS 134.41(2)(a) (a) A facility licensed for 17 to 50 beds shall employ an administrator for at least 4 hours a day on each of 5 days in a week. No administrator may be employed by more than 2 of these facilities. The administrator shall be licensed under ch. 456, Stats., and

DHS 134.41(2)(b) (b) A facility licensed for 16 or fewer beds shall employ an administrator for at least 10 hours a week. No administrator may be employed by more than 4 of these facilities. The administrator shall be licensed under ch. 456, Stats.

DHS 134.41(3) (3) Absence of administrator. A staff person present in the facility and competent to supervise the staff and operate the facility shall be designated to be in charge whenever residents are present and there is not an administrator in the facility. The designee shall be identified to all staff.

DHS 134.41(4) (4) Change of administrator.

DHS 134.41(4)(a) (a) Termination. Except as provided in par. (b), no administrator may be terminated unless recruitment procedures are begun immediately.

DHS 134.41(4)(b) (b) Replacement. If it is necessary to immediately terminate an administrator or if the licensee abruptly loses an administrator for other reasons, a permanent replacement shall be employed as soon as possible but not later than 120 days following the effective date of the vacancy.

DHS 134.41(4)(c) (c) Temporary replacement. During a temporary vacancy in the position of administrator, the licensee shall employ a temporary replacement administrator until the original permanent administrator returns or until a new permanent administrator can be hired, whichever is appropriate.

DHS 134.41(4)(d) (d) Notice of change. When the licensee loses an administrator, the licensee shall notify the department within 2 working days of the loss and provide written notification to the department of the name and qualifications of the person in charge of the facility during the vacancy and, when known, the name and qualifications of the replacement administrator.

DHS 134.41 History History: Cr. Register, June, 1988, No. 390, eff. 7-1-88; CR 04-053: am. (2) (b) Register October 2004 No. 586, eff. 11-1-04.

DHS 134.42 DHS 134.42 Qualified intellectual disabilities professional (QIDP).

DHS 134.42(1) (1) Every facility shall have at least one qualified intellectual disabilities professional on staff in addition to the administrator, except that in a facility with 50 or fewer beds the administrator, if qualified, may perform the duties of the QIDP.

DHS 134.42(2) (2) The duties of the QIDP shall include:

DHS 134.42(2)(a) (a) Supervising the delivery of training, habilitation and rehabilitation services for each resident in accordance with the individual program plan (IPP) for that resident;

DHS 134.42(2)(b) (b) Integrating the various services for each resident as planned by the interdisciplinary team and as detailed in the resident’s IPP;

DHS 134.42(2)(c) (c) Reviewing each resident’s IPP on a monthly basis, or more often as needed, and preparing an accurate, written summation of the resident’s progress in measurable and observable terms for inclusion in the resident’s record;

DHS 134.42(2)(d) (d) Initiating modifications in a resident’s IPP as necessitated by the resident’s condition, and documenting in the resident’s record any changes observed in the resident’s condition and action taken in response to the observed changes; and

DHS 134.42(2)(e) (e) Communicating information concerning each resident’s progress to all relevant resident care staff and other professionals involved in the resident’s care.

DHS 134.42 History History: Cr. Register, June, 1988, No. 390, eff. 7-1-88; 2019 Wis. Act 1: am. (title), (1), (2) (intro.) Register May 2019 No. 761, eff. 6-1-19.

DHS 134.44 DHS 134.44 Employees and other service providers.

DHS 134.44(1) (1) Definition. In this section, “employee” means anyone directly employed by the facility.

DHS 134.44(2) (2) Qualifications and restrictions.

DHS 134.44(2)(a) (a) No person under 16 years of age may be employed by the facility to provide direct care to residents. An employee under 18 years of age who provides direct care to residents shall work under direct supervision.

DHS 134.44(2)(b) (b) No person with a documented history of child or resident abuse, neglect or exploitation may be hired or continue to be employed by the facility.