50.08(4)(a) (a) A nursing home is not required to obtain written informed consent before administering a psychotropic medication to a resident under sub. (3) if all of the following apply:

50.08(4)(a)1. 1. The resident is not the subject of a court order to administer psychotropic medications under s. 55.14.

50.08(4)(a)2. 2. There is an emergency in which a resident is at significant risk of physical or emotional harm or the resident puts others at significant risk of physical harm and in which time and distance preclude obtaining written informed consent before administering psychotropic medication.

50.08(4)(a)3. 3. A physician has determined that the resident or others will be harmed if the psychotropic medication is not administered before written informed consent is obtained.

50.08(4)(b) (b) If par. (a) applies, the nursing home shall obtain oral consent from the resident or, if the resident is incapacitated, a person acting on behalf of the resident, before administering the psychotropic medication, except as provided in par. (c). The oral consent shall be entered in the resident’s medical record. The oral consent shall be valid for 10 days, after which time the nursing home may not continue to administer the psychotropic medication unless it has obtained written informed consent under sub. (3).

50.08(4)(c) (c) If par. (a) applies, the resident is incapacitated, and the nursing home has made a good faith effort to obtain oral consent, under par. (b), of a person acting on behalf of the resident but has been unable to contact such a person, the nursing home may administer the psychotropic medication to the resident for up to 24 hours before obtaining consent under par. (a) or sub. (3).

50.08(5) (5) This section does not abridge any rights that a resident has under s. 51.61 (1) (g).

50.08 History History: 2009 a. 281; 2017 a. 365 s. 112; 2021 a. 23.

50.085 50.085 Visitation by family members.

50.085(1) (1) Definitions. In this section:

50.085(1)(a) (a) “Adult child” means an individual who is at least 18 years of age and who is related to a resident biologically, through adoption, through the marriage or former marriage of the resident to the biological parent of the adult child, or by a judgment of parentage entered by a court of competent jurisdiction.

50.085(1)(am) (am) “Family member” means any spouse, adult child, adult grandchild, parent, or sibling of a resident.

50.085(1)(b) (b) “Resident” means an adult resident of any of the following:

50.085(1)(b)1. 1. A hospital, as defined in s. 50.33 (2).

50.085(1)(b)2. 2. A hospice, as defined in s. 50.90 (1).

50.085(1)(b)3. 3. A nursing home, as defined in s. 50.01 (3).

50.085(1)(b)4. 4. A community-based residential facility, as defined in s. 50.01 (1g).

50.085(1)(b)5. 5. Any home or other residential dwelling in which the resident is receiving care and services from any person.

50.085(1)(c) (c) “Visitation” means an in-person meeting or any telephonic, written, or electronic communication.

50.085(2) (2) Petition for visitation. If a family member is being denied visitation with a resident, the family member may petition a court to compel visitation with the resident. The court may not issue an order compelling visitation if the court finds any of the following:

50.085(2)(a) (a) The resident, while having the capacity to evaluate and communicate decisions regarding visitation, expresses a desire to not have visitation with that family member.

50.085(2)(b) (b) Visitation between the petitioning family member and the resident is not in the best interest of the resident.

50.085(3) (3) Expedited hearing. If the petition under sub. (2) states that the resident’s health is in significant decline or that the resident’s death may be imminent, the court shall conduct an emergency hearing on the petition under sub. (2) as soon as practicable and no later than 10 days after the date the petition is filed with the court.

50.085(4) (4) Sanctions; remedies. Upon a motion or on the court’s own motion, if the court finds during a hearing on a petition under sub. (2) that a person is knowingly isolating a resident, the court shall order the person to pay court costs and reasonable attorney fees of the petitioner under sub. (2) and may order other appropriate remedies. No costs, fees, or other sanctions may be paid from the resident’s finances or estate.

50.085 History History: 2015 a. 343.

50.09 50.09 Rights of residents in certain facilities.

50.09(1) (1) Residents’ rights. Every resident in a nursing home or community-based residential facility shall, except as provided in sub. (5), have the right to:

50.09(1)(a) (a) Private and unrestricted communications with the resident’s family, physician, physician assistant, advanced practice nurse prescriber, attorney, and any other person, unless medically contraindicated as documented by the resident’s physician, physician assistant, or advanced practice nurse prescriber in the resident’s medical record, except that communications with public officials or with the resident’s attorney shall not be restricted in any event. The right to private and unrestricted communications shall include, but is not limited to, the right to:

50.09(1)(a)1. 1. Receive, send and mail sealed, unopened correspondence, and no resident’s incoming or outgoing correspondence shall be opened, delayed, held or censored.