DHS 105.14(6)(b)9.9. The right to be free from physical restraints, except upon prior review and approval by the department with written authorization from the participant’s primary physician, physician assistant, or advanced practice nurse prescriber, as defined in s. N 8.02 (2). The department may place conditions on the use of a restraint to protect the health, safety, welfare, well-being and rights of the participant.
DHS 105.14(6)(b)10.10. The right to be free from seclusion.
DHS 105.14(6)(b)11.11. The right to be free from all chemical restraints.
DHS 105.14(6)(b)12.12. The right to not be recorded, filmed or photographed without prior written informed consent by the participant or participant’s legal representative. The ADCC may take a photograph for identification purposes. The department may photograph, record or film a participant pursuant to an inspection or investigation under s. 49.45 (2) (a) 11., Stats., without their written informed consent.
DHS 105.14(7)(7)Participant care and services.
DHS 105.14(7)(a)(a) Assessment of participant’s needs.
DHS 105.14(7)(a)1.1. Assessments shall be conducted by staff members having the expertise, experience, or training pertinent to the participant population served by the program. The assessment identifying the participant’s needs shall be completed prior to enrollment. For emergency enrollments, the program will complete an assessment within 5 days.
DHS 105.14(7)(a)2.2. A comprehensive written assessment of the participant’s needs, at a minimum, shall include the areas of physical health to include physical disabilities and mobility status, mental and emotional health, nursing care, medications to include allergies, nutritional needs including risks for choking, emergency evacuation capabilities, preferences and interests and any other information helpful to developing the service plan.
DHS 105.14(7)(b)(b) Individual service plan.
DHS 105.14(7)(b)1.1. Within 30 days of enrollment and based on the assessment completed under par. (a), the ADCC shall develop and implement a service plan to identify the services and activities the program will provide in order to meet the individual needs and personal interests of the participant. The service plan shall be developed by staff members with experience, or training pertinent to the participant population served by the program.
DHS 105.14(7)(b)2.2. The service plan will be reviewed and revised every 6 months or when necessary due to changes in the participant’s functioning, health condition, or preferences. Changes shall be documented in the participant’s record.
DHS 105.14(7)(b)3.3. All caregivers who provide participant care and supervision shall have continual access to the participant’s service plan.
DHS 105.14(7)(c)(c) Caregiver staffing requirements.
DHS 105.14(7)(c)1.1. In this paragraph, “severely impaired” means any impairment leading to a participant’s inability at the program to perform any 3 or more ADLs. A severely impaired participant demonstrates an inability to perform these ADLs at the ADCC unless assistance, supervision or prompting is provided.
DHS 105.14(7)(c)2.2. At least one qualified caregiver shall be on the premises at all times when one or more participant are present.
DHS 105.14(7)(c)3.3. The ADCC shall provide sufficient caregiver staff at all times to implement the program goals and participant service plans based on a comprehensive assessment of each participant’s needs, including physical health, physical disabilities and mobility status, mental and emotional health, emergency evacuation capabilities, and participant’s preferences and interests.
DHS 105.14(7)(c)4.4. There shall be a minimum of one caregiver for every 8 non-severely impaired participants at the ADCC.
DHS 105.14(7)(c)5.5. There shall be a minimum of one caregiver for every 4 severely impaired participants at the ADCC.
DHS 105.14(7)(c)6.6. The ADCC shall maintain a current written schedule for every caregiver at the ADCC. The schedule shall include each caregiver’s full name, job assignment, and time worked.
DHS 105.14(7)(c)7.7. A volunteer who meets the same standards, requirements, and training as a caregiver and who have signed a written job description may be counted as a caregiver to meet staffing requirements.
DHS 105.14(7)(d)(d) Medication administration.
DHS 105.14(7)(d)1.1. The ADCC shall have a written policy for medication management and shall designate which caregivers are authorized and trained to administer medications. The caregiver administering medications shall be 18 years of age or older. The policy shall indicate the program’s role in the supervision of self-administered medications and caregiver administered medications.
DHS 105.14(7)(d)2.2. Self-administered medications may be supervised by a caregiver who may prompt the participant and observe the participant taking the medication. To self-administer medications, the participant shall have the physical and mental capacity to obtain, dispense, and ensure the correct medications are taken in the prescribed dosages. When medications are self-administered, the medication list shall be reviewed and updated annually by the prescribing practitioner, physician, physician’s assistant, or nurse practitioner.
DHS 105.14(7)(d)3.3. Caregiver-administered medications shall be stored, obtained, and assembled for the participant. The caregiver is responsible for ensuring the correct medication, in the correct dose, at the correct time is administered to the correct participant. Medications administered by a caregiver shall meet all of the following conditions:
DHS 105.14(7)(d)3.a.a. A written order from the prescribing practitioner shall be in the participant’s record.
DHS 105.14(7)(d)3.b.b. A listing of current medications with the dosage, frequency, and route of administration shall be in the participant’s record.
DHS 105.14(7)(d)3.c.c. Over-the-counter and prescription medications shall remain in the original labeled containers and be stored in a locked, safe place.
DHS 105.14(7)(d)3.d.d. Non-licensed caregivers shall consult with the prescribing practitioner or pharmacist about each medication to be administered.
DHS 105.14(7)(d)3.e.e. Written information describing side effects and adverse reactions of each medication shall be kept in the participant’s record.