DHS 94.11(3) (3) A treatment facility shall notify the program director prior to the planned use of electroconvulsive therapy on a county department patient.

DHS 94.11(4) (4) Electroconvulsive therapy may only be administered under the direct supervision of a physician.

DHS 94.11(5) (5) A service provider performing electroconvulsive therapy shall develop and implement written policies and procedures for obtaining and monitoring informed consent.

DHS 94.11 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; cr. (5), Register, June, 1996, No. 486, eff. 7-1-96.

DHS 94.12 DHS 94.12 Drastic treatment procedures.

DHS 94.12(1) (1) Drastic treatment procedures may only be used in an inpatient treatment facility or a center for the developmentally disabled as defined in s. 51.01 (3), Stats. No patient may be subjected to drastic treatment procedures except as specified under s. 51.61 (1) (k), Stats., and this section.

DHS 94.12(2) (2) The patient shall be informed that he or she has a right to consult with legal counsel, legal guardian, if any, and independent specialists prior to giving informed consent for drastic treatment procedures.

DHS 94.12(3) (3) The treatment facility shall notify the program director prior to the planned use of drastic treatment procedures on county department patients.

DHS 94.12(4) (4) Each county department shall report monthly to the department the type and number of drastic treatment procedures used on county department patients.

DHS 94.12 Note Note: Reports required under sub. (4) should be sent to the area administrator in the appropriate Department regional office. The addresses of all regional offices are available from the Office of Policy Initiatives and Budget, P.O. Box 7850, Madison, WI 53707.

DHS 94.12 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87.

DHS 94.13 DHS 94.13 Research and human rights committee.

DHS 94.13(1) (1) An inpatient or residential treatment facility conducting or permitting research or drastic treatment procedures involving human subjects shall establish a research and human rights committee in accordance with 45 CFR 46, s. 51.61 (4), Stats., and this section.

DHS 94.13(2) (2) The committee shall include 2 members who are consumers or who represent either an agency or organization which advocates rights of patients covered by this chapter.

DHS 94.13(3) (3) The inpatient or residential treatment facility research and human rights committee shall designate a person to act as consent monitor who shall be authorized to validate informed consent and terminate a patient’s participation in a research project or a drastic treatment procedure immediately upon violation of any requirement under this chapter or upon the patient’s withdrawal of consent.

DHS 94.13 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87.

DHS 94.14 DHS 94.14 Research.

DHS 94.14(1) (1) All proposed research involving patients shall meet the requirements of s. 51.61 (1) (j), Stats., 45 CFR 46, and this section.

DHS 94.14(2) (2) No patient may be subjected to any experimental diagnostic or treatment technique or to any other experimental intervention unless the patient gives informed consent, the patient’s informed consent is confirmed by the consent monitor and the research and human rights committee has determined that adequate provisions are made to:

DHS 94.14(2)(a) (a) Protect the privacy of the patient;

DHS 94.14(2)(b) (b) Protect the confidentiality of treatment records in accordance with s. 51.30, Stats., and ch. DHS 92;

DHS 94.14(2)(c) (c) Ensure that no patient may be approached to participate in the research unless the patient’s participation is approved by the person who is responsible for the treatment plan of the patient; and

DHS 94.14(2)(d) (d) Ensure that the conditions of this section and other requirements under this chapter are met.

DHS 94.14 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; correction in (2) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532; correction in (2) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DHS 94.15 DHS 94.15 Labor performed by patients.

DHS 94.15(1) (1) Any labor performed by a patient which is of financial benefit to the treatment facility shall be conducted within the requirements under s. 51.61 (1) (b), Stats., and this section.

DHS 94.15(2) (2) Patients may only be required to perform tasks that are equivalent to personal housekeeping chores performed in common or private living areas of an ordinary home. Personal housekeeping tasks may include light cleaning of shared living quarters if all patients sharing those quarters participate as equally as possible in the cleaning chores.

DHS 94.15(3) (3) Payment for therapeutic labor authorized under s. 51.61 (1) (b), Stats., shall be made in accordance with wage guidelines established under state and federal law.

DHS 94.15(4) (4) Documentation shall be made in the treatment record of any compensated, uncompensated, voluntary or involuntary labor performed by any patient.