DHS 134.31(3)(s)(s) Drastic treatment, experimental research and behavior modification using aversive stimuli. Not be subjected to drastic treatment, experimental research procedures or behavior modification using aversive stimuli without the expressed and informed consent of the resident and the resident’s legal guardian, if any, and after consultation with individual specialists and the patient’s legal counsel, if any. DHS 134.31(4)(4) Corrections clients. Rights established under this section do not, except as determined by the department, apply to residents in a facility who are in the legal custody of the department for correctional purposes. DHS 134.31(5)(a)(a) Serving notice. Copies of the resident rights provided under this section and the facility’s policies and regulations governing resident conduct and responsibilities shall be made available to each prospective resident and his or her guardian, if any, and to each member of the facility’s staff. Facility staff shall verbally explain to each new resident and to that person’s guardian, if any, prior to or at the time of the person’s admission to the facility, these rights and the facility’s policies and regulations governing resident conduct and responsibilities. DHS 134.31(5)(b)(b) Amendments. Every amendment to the rights provided under this section and every amendment to the facility regulations and policies governing resident conduct and responsibilities requires notification of each resident and guardian, if any, at the time the amendment is put into effect. The facility shall provide the resident, guardian, if any, and each member of the facility’s staff with a copy of each amendment. DHS 134.31(5)(c)(c) Posting. Copies of the resident’s rights provided under this chapter and the facility’s policies and regulations governing resident conduct and responsibilities shall be posted in a prominent place in the facility and in each locked unit, as defined in s. DHS 134.33 (1) (b), within the facility. DHS 134.31(6)(6) Encouragement and assistance. Each facility shall encourage and assist residents to exercise their rights as residents and citizens, and each facility shall provide appropriate training for staff so that staff are aware of the rights of residents established under this section and are encouraged to respect them. DHS 134.31(7)(a)(a) Filing complaints. Any person may file a complaint with a licensee or the department regarding the operation of a facility. A complaint may be made orally or in writing. Any resident receiving services for a developmental disability or protectively placed under ch. 55, Stats., may seek advocacy assistance from the county department organized under s. 46.23, 51.42 or 51.437, Stats., or from the agency designated under s. 51.62 (2), Stats., to be the protection and advocacy agency for developmentally disabled persons. DHS 134.31(7)(b)1.1. Each facility shall establish a system for investigating, reviewing and documenting complaints and allegations that resident rights established under s. 50.09, Stats., and this section have been violated. DHS 134.31(7)(b)2.2. The facility shall designate a specific individual or individuals to conduct the investigation and report to the administrator. DHS 134.31(7)(b)3.3. The results of the investigation shall be reported to the administrator no later than 5 calendar days after a complaint or allegation is received. DHS 134.31(7)(b)4.4. Documentation of the findings of the investigation and the administrator’s review, as well as of the actions taken in response to the findings, shall be maintained by the facility. DHS 134.31(7)(c)(c) Reporting complaints. Allegations that resident rights have been violated by persons licensed, certified or registered under ch. 441, 446 to 450, 455 or 456, Stats., shall be promptly reported by the facility to the appropriate licensing or examining board and to the person against whom the allegation has been made. Any employee of the facility and any person licensed, certified or registered under ch. 441, 446 to 450, 455 or 456, Stats., may report the allegations directly to the appropriate board. DHS 134.31(7)(d)(d) Liability. As provided in s. 50.09 (6) (c), Stats., no person who files a report under par. (c) or who participates in good faith in the review system established under par. (b) may be held liable for civil damages for these acts. DHS 134.31(7)(e)(e) Summary of complaints. The facility shall attach to its application for a new license or a license renewal a statement that summarizes complaints or allegations since the last time that the facility’s license was renewed that rights established under this section have been violated. The statement shall contain the dates of the complaints or allegations, the names of the persons involved, the dispositions and the dates of the dispositions. The department shall consider the statement in reviewing the application. DHS 134.31 HistoryHistory: Cr. Register, June, 1988, No. 390, eff. 7-1-88; corrections in (3) (f) 3. and (q) 3. made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532; correction in (2) (a) made under s. 13.93 (2m) (b) 7., Stats., Register October 2007 No. 622; corrections in (3) (f) 3. and (q) 3. made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; 2019 Wis. Act 1: am. (3) (h) Register May 2019 No. 761, eff. 6-1-19. DHS 134.32DHS 134.32 Community organization access. DHS 134.32(1)(a)(a) Definition. In this section, “access” means the right of a community organization to: DHS 134.32(1)(a)2.2. Ask a resident’s permission to communicate privately and without restriction with the resident; DHS 134.32(1)(a)3.3. Communicate privately and without restriction with any resident who does not object; and DHS 134.32(1)(a)4.4. Inspect the health care, treatment and other records of a resident if permitted under ss. 51.30 and 146.81 to 146.83, Stats. Access does not include the right to examine the business records of the facility without the consent of the administrator or designee. DHS 134.32(1)(b)(b) Right to access. An employee, agent or designated representative of a community legal services program or community service organization who meets the requirements of sub. (2) shall be permitted access to any facility whenever visitors are permitted under the written visitation policy permitted by s. DHS 134.31 (3) (a) 3., but not before 8:00 a.m. nor after 9:00 p.m. DHS 134.32(2)(a)(a) Identification. The employee, agent or designated representative of the community organization shall, upon request of the facility’s administrator or the administrator’s designee, present valid and current identification signed by the principal officer of the organization represented, and evidence of compliance with par. (b). DHS 134.32(2)(b)(b) Purpose. The facility shall grant access for visits which are for the purpose of: