DHS 134.31 History History: 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 134.32 DHS 134.32 Community organization access.

DHS 134.32(1) (1) 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)1. 1. Enter any facility;

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) (2) Conditions.

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:

DHS 134.32(2)(b)1. 1. Talking with or offering personal, social or legal services to any resident or obtaining information from a resident about the facility and its operations;

DHS 134.32(2)(b)2. 2. Informing residents of their rights and entitlements and their corresponding obligations under federal and state law, by means of educational materials and discussions in groups or with individual residents;

DHS 134.32(2)(b)3. 3. Assisting residents in making claims for public assistance, medical assistance or social security benefits to which they are entitled, and in all matters in which a resident may be aggrieved; or

DHS 134.32(2)(b)4. 4. Engaging in any other method of advising and representing residents in order to ensure that they have full enjoyment of their rights.

DHS 134.32 Note Note: Assistance under subd. 3. may include organizational activity, counseling or litigative assistance.

DHS 134.32 History History: Cr. Register, June, 1988, No. 390, eff. 7-1-88.

DHS 134.33 DHS 134.33 Housing residents in locked units.

DHS 134.33(1) (1) Definitions. In this section:

DHS 134.33(1)(a) (a) “Consent” means a written, signed request given without duress by a resident capable of understanding the nature of the locked unit, the circumstances of his or her condition and the meaning of the consent to be given and that consent may be withdrawn at any time.

DHS 134.33(1)(b) (b) “Locked unit” means a ward, wing or room which is designated as a protective environment and is secured in a manner that prevents a resident from leaving the unit at will. A physical restraint applied to the body is not a locked unit. A facility locked for purposes of security is not a locked unit, provided that residents may exit at will.

DHS 134.33(2) (2) Restriction. Except as otherwise provided by this section, no resident may be housed in a locked unit. Physical restraints or repeated use of the emergency restraint under sub. (5) may not be used to circumvent this restriction. Placement in a locked unit shall be based on the determination that this placement is the least restrictive environment consistent with the needs of the person.

DHS 134.33 Note Note: For requirements relating to the use of physical restraints, see s. DHS 134.60 (5).

DHS 134.33(3) (3) Placement.

DHS 134.33(3)(a) (a) A resident may be housed in a locked unit under any one of the following conditions:

DHS 134.33(3)(a)1. 1. The resident or guardian consents to the resident being housed in a locked unit;

DHS 134.33(3)(a)2. 2. The court that protectively placed the resident under ch. 55, Stats., made a specific finding of the need for a locked unit;

DHS 134.33(3)(a)3. 3. The resident has been transferred to a locked unit pursuant to s. 55.15, Stats., and the medical record contains documentation of the notice provided to the guardian, the court and the agency designated under s. 55.02, Stats.; or