DHS 92.10   Discipline of employees.
DHS 92.11   Employee orientation.
DHS 92.12   Retention periods.
DHS 92.13   Certification of compliance.
Ch. DHS 92 NoteNote: Chapter HSS 92 was renumbered chapter HFS 92 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, September, 1999, No. 525. Chapter HFS 92 was renumbered to chapter DHS 92 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
DHS 92.01DHS 92.01Introduction.
DHS 92.01(1)(1)Scope. This chapter applies to all records of persons who are receiving treatment or who at any time received treatment for mental illness, developmental disabilities, alcohol abuse or drug abuse from the department, a board established under s. 46.23, 51.42 or 51.437, Stats., or treatment facilities and persons providing services under contract with the department, a board or a treatment facility whether the services are provided through a board or not. Private practitioners practicing individually who are not providing services to boards are not deemed to be treatment facilities and their records are not governed by this chapter.
DHS 92.01(2)(2)Statutory authority. This chapter is promulgated pursuant to s. 51.30 (12), Stats., which directs the department to promulgate rules to implement s. 51.30, Stats.
DHS 92.01 HistoryHistory: Cr. Register, May, 1984, No. 341, eff. 6-1-84.
DHS 92.02DHS 92.02Definitions. In this chapter:
DHS 92.02(1)(1)“Board” means the community board established under s. 46.23, 51.42 or 51.437, Stats.
DHS 92.02(1)(a)(a) “51-board” means a community board established under s. 51.42 or 51.437, Stats.
DHS 92.02(1)(b)(b) “Human services board” means a combined board established under s. 46.23, Stats.
DHS 92.02(2)(2)“Court order” means a lawful order of a court of competent jurisdiction.
DHS 92.02(3)(3)“Department” means the department of health services.
DHS 92.02(4)(4)“Director” has the meaning designated in s. 51.01 (6), Stats.
DHS 92.02(5)(5)“Discharge” has the meaning designated in s. 51.01 (7), Stats.
DHS 92.02(6)(6)“Inpatient facility” has the meaning designated in s. 51.01 (10), Stats.
DHS 92.02(7)(7)“Patient” means any individual who is receiving or who at any time has received services for mental illness, developmental disabilities, alcoholism or drug dependence from the department, a board, a treatment facility, or from persons providing services under contract to the department, a board or a treatment facility.
DHS 92.02(8)(8)“Program director” means the administrative director appointed by the board.
DHS 92.02(9)(9)“Pupil records” has the meaning designated in s. 118.125 (1) (d), Stats.
DHS 92.02(10)(10)“Qualified staff” means only those board staff or department staff who require confidential information for a valid reason connected with their assignment in the administration of services provided by the board or department.
DHS 92.02(11)(11)“Service provider” means a person who provides services under contract to the department, a board or a treatment facility, including any employee, consultant, volunteer, agency or organization providing any assessment, treatment or other service or rendering any consultation or opinion regarding any patient assessment, need for service or course of treatment, whether as a contractor, subcontractor or in any other capacity.
DHS 92.02(12)(12)“Somatic treatment” means treatment by physical means.
DHS 92.02 NoteNote: Somatic treatments include administration of medications, psychosurgery and electroconvulsive shock.
DHS 92.02(13)(13)“Treatment” has the meaning designated in s. 51.01 (17), Stats., namely, those psychological, educational, social, chemical, medical or somatic techniques designed to bring about rehabilitation of a mentally ill, alcoholic, drug dependent or developmentally disabled person.
DHS 92.02(14)(14)“Treatment director” has the meaning designated in s. 51.01 (18), Stats., except that in a hospital as defined under s. 50.33 (2) (a), Stats., the treatment director is the patient’s primary physician.
DHS 92.02(15)(15)“Treatment facility” has the meaning designated in s. 51.01 (19), Stats., namely, any publicly or privately operated facility or unit of a facility providing treatment of alcoholic, drug dependent, mentally ill or developmentally disabled persons, including but not limited to inpatient and outpatient treatment programs and rehabilitation programs.