Register January 2012 No. 673
Chapter DHS 134
FACILITIES SERVING PEOPLE WITH DEVELOPMENTAL DISABILITIES
Subchapter I — General
Authority and purpose.
Waivers and variances.
Subchapter II — Residents' Rights and Protections
Rights of residents.
Community organization access.
Housing residents in locked units.
Subchapter III — Management
Qualified mental retardation professional (QMRP).
Employees and other service providers.
Abuse of residents.
Subchapter IV — Admission, Retention and Removal
Limitations on admissions and retentions.
Removal from the facility.
Transfer within the facility.
Subchapter V — Services
Professional program services.
Laboratory, radiologic and blood services.
Special requirements when persons are admitted for short-term care.
Subchapter VI — Physical Environment
Furniture, equipment and supplies.
Safety and sanitation.
Subchapter VII — Life Safety, Design and Construction
Scope and definitions.
Review for compliance with this chapter and the state building code.
Fees for plan reviews.
Life safety code.
Safety and systems.
Ch. DHS 134 Note
Chapter H 34 as it existed on June 30, 1988 was repealed and a new chapter HFS 134 was created effective July 1, 1988; Chapter HSS 134 was renumbered chapter HFS 134 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, December, 1996, No. 492
. Chapter HFS 134 was renumbered chapter DHS 134 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637
Authority and purpose.
This chapter is promulgated under the authority of s. 50.02 (2)
, Stats., to provide conditions of licensure for facilities that primarily serve people with developmental disabilities who require active treatment. This chapter is intended to protect and promote the health, safety and well-being of residents of these facilities.
All facilities that provide care primarily for people with developmental disabilities who require active treatment, including facilities owned and operated by the state, a county, a municipality or another public body, are subject to this chapter.
(2) Cumulative rights.
The rights and safeguards provided by these rules are cumulative and may not be construed as restricting any right or safeguard provided for any resident by ch. 50
, or 55
, Stats., or any other applicable statute or rule.
DHS 134.12 History
Cr. Register, June, 1988, No. 390
, eff. 7-1-88; CR 03-033
: am. (1) Register December 2003 No. 576
, eff. 1-1-04; CR 04-053
: am. (1) Register October 2004 No. 586
, eff. 11-1-04; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register October 2007 No. 622
In this chapter:
"Active treatment" means an ongoing, aggressive and consistently applied program of training and treatment services to allow the client to function as independently as possible and maintain his or her maximum functional abilities.
"ADL" or "activities of daily living" means personal skills essential for privacy and independence including toilet training, personal hygiene, self feeding, bathing, dressing, grooming and communication of basic needs.
"Administrator" means a person who is licensed under ch. 456, Stats.
, and who is responsible for the total operation of the facility.