DHS 94.18 DHS 94.18 Filming and taping.

DHS 94.18(1) (1) No patient may be recorded, photographed, or filmed for any purpose except as allowed under s. 51.61 (1) (o), Stats., and this section.

DHS 94.18(2) (2) A photograph may be taken of a patient without the patient’s informed consent only for the purpose of including the photograph in the patient’s treatment record.

DHS 94.18(3) (3) The informed consent document shall specify that the subject patient may view the photograph or film or hear the recording prior to any release and that the patient may withdraw informed consent after viewing or hearing the material.

DHS 94.18 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87.

DHS 94.19 DHS 94.19 Mail.

DHS 94.19(1) (1) Each inpatient shall be allowed to send and receive sealed mail in accordance with s. 51.61 (1) (cm) 1., Stats., and this section.

DHS 94.19(2) (2) Any inpatient who has been determined indigent under the facility’s operating policies shall, upon request, be provided with up to 2 stamped non-letterhead envelopes each week and with non-letterhead stationery and other letter-writing materials.

DHS 94.19(3) (3) Mail shall be delivered to inpatients promptly by the facility’s normal distribution procedures.

DHS 94.19(4) (4) Upon request of an inpatient or his or her guardian, mail shall be opened by a facility staff member and read to him or her. The initial request shall be documented in the treatment record.

DHS 94.19 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register December 2003 No. 576.

DHS 94.20 DHS 94.20 Telephone calls.

DHS 94.20(1) (1) Inpatients shall be allowed reasonable access to a telephone to make and receive a reasonable number of telephone calls as authorized by s. 51.61 (1) (p), Stats., and this section.

DHS 94.20(2) (2) Patients shall be permitted to make an unlimited number of private telephone calls to legal counsel and to receive an unlimited number of private telephone calls from legal counsel.

DHS 94.20(3) (3) 

DHS 94.20(3)(a) (a) Except as provided in par. (b), each inpatient shall be permitted to make a reasonable number of private, personal calls. The number and duration of the calls may be limited for legitimate management reasons, but the facility shall provide every patient the opportunity to make at least one private, personal telephone call per day.

DHS 94.20(3)(b) (b) This subsection does not prohibit a facility under s. 980.065, Stats., from recording patients’ personal telephone calls or monitoring the resulting recordings.

DHS 94.20(4) (4) Inpatients who have been determined indigent under a facility’s operating policies shall be permitted to make telephone calls under sub. (2), and at least one private, personal call per day free of charge.

DHS 94.20(5) (5) Treatment facilities shall provide the number of regular or pay telephones necessary to meet requirements of this section, subject to restrictions imposed by local telephone companies regarding installation of pay telephones.

DHS 94.20 History History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; am. (1), (3), (4), Register, June, 1996, eff 7-1-96; CR 00-151: am. (3) Register January 2002 No. 553, eff. 2-1-02.

DHS 94.21 DHS 94.21 Visitors.

DHS 94.21(1) (1) Each inpatient shall be permitted to see visitors each day, as authorized by s. 51.61 (1) (t), Stats., and in accordance with this section.

DHS 94.21(2) (2) Adequate and reasonably private space shall be provided to accommodate visitors so that severe time limits need not be set on a visit.

DHS 94.21(3) (3) Every visitor who arrives during normal visiting hours shall be permitted to see the patient unless the patient refuses to see the visitor.

DHS 94.21(4) (4) The treatment facility may require prior identification of potential visitors and may search visitors but only when there are documented security reasons for screening or searching visitors.

DHS 94.21(5) (5) Visits may not be limited to less than one hour, except under documented special circumstances.

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: