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
DHS 134.13 Definitions.
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.
“Advanced practice nurse prescriber" means a person who has been granted a certificate to issue prescription orders under s. 441.16 (2)
“Ambulatory" means able to walk independently or with limited assistance from a person or equipment, such as a walker or cane.
“Behavior management" means a method used to establish, alter, maintain or eliminate specified behaviors by providing reinforcement that increases the strength of appropriate behaviors and decreases the strength of inappropriate behaviors.
“Center for the developmentally disabled" means a department-operated residential institution for the care of people with developmental disabilities.
DHS 134.13 Note
Note: There are 3 state centers for people with developmental disabilities in Wisconsin: Central Center, Northern Center and Southern Center.
“Department" means the Wisconsin department of health services.
“Developmental disability" means intellectual disability or a related condition such as cerebral palsy, epilepsy or autism, but excluding mental illness and infirmities of aging, which is:
Results in substantial functional limitations in 3 or more of the following areas of major life activity:
“Dietitian" means a person who is any of the following:
“Existing facility" means a facility that was licensed under ch. H 34 or 132
on July 1, 1988.
“Facility" means a facility serving people with developmental disabilities.
“FDD" or “facility serving people with developmental disabilities" means a residential facility with a capacity of 4 or more individuals who need and receive active treatment and health services as needed.
“Full-time" means at least 37.5 hours each week devoted to facility business.
“Habilitation" means treatment provided to promote and maintain the individual's highest level of physical, social and economic functioning and to prevent further loss of functioning, and includes treatment following rehabilitation which is necessary to maintain the achieved level of functioning and to prevent further loss of functioning.
“Health services supervisor" means a registered nurse or licensed practical nurse who is responsible for supervising health care provided to facility residents.
“Interdisciplinary team" means the persons who possess the knowledge, skills and expertise necessary to accurately identify the comprehensive array of the client's needs and design a program that is responsive to those needs.
“IPP" or “individual program plan" means a written statement of the services which are to be provided to a resident based on an interdisciplinary assessment of the individual's developmental needs, expressed in behavioral terms, the primary purpose of which is to provide a framework for the integration of all the programs, services and activities received by the resident and to serve as a comprehensive written record of the resident's developmental progress.
“Involuntary administration of psychotropic medication" means any of the following:
Placing psychotropic medication in an individual's food or drink with knowledge that the individual protests receipt of the psychotropic medication.
Forcibly restraining an individual to enable administration of psychotropic medication.
Requiring an individual to take psychotropic medication as a condition of receiving privileges or benefits.
“Licensed practical nurse" means a person licensed as a practical nurse under ch. 441
“Life safety code" means the National Fire Protection Association's standard 101.
“Living unit" means the area of a facility that houses the residents' bedrooms and may include dining and activity areas.
“Medical care plan" means a formal plan for providing physician services and related medical care services.
“Mobile nonambulatory" means unable to walk without assistance, but able to move from place to place with the use of a device such as a walker, crutches, a wheel chair or a wheeled platform.
“New construction" or “newly constructed" means construction for the first time of any building or addition to an existing building, for which the plans are approved by the department after July 1, 1988.
“New facility" means a facility that was not licensed under ch. H 34 or 132
on July 1, 1988.
“NFPA" means national fire protection association.
“Nonambulatory" means unable to walk without assistance.
“Nonmobile" means unable to move from place to place.
“Nurse" means a registered nurse or a licensed practical nurse.
“Nurse practitioner" means a registered professional nurse who meets the requirements of s. DHS 105.20
“Nursing assistant" means a person who is employed primarily to provide direct care services to residents but is not registered or licensed under ch. 441
“Pharmacist" means a person registered as a pharmacist under ch. 450
“Physical therapist" means a person licensed to practice physical therapy under ch. 448
“Physician" means a person licensed to practice medicine or osteopathy under ch. 448
“Physician extender" means a person who is a physician's assistant or a nurse practitioner acting under the general supervision and direction of a physician.
“Physician assistant" means a person certified under ch. 448
, Stats., to perform as a physician assistant.
“Practitioner" means a physician, dentist, podiatrist or other person permitted under Wisconsin law to distribute, dispense and administer prescription drugs, including controlled substances, in the course of professional practice.
“Primarily serves" means that at least 51% of an existing facility's residents, calculated on an annual basis, have a developmental disability, and 100% of a new facility's residents have a developmental disability.
“Protest" means make more than one discernible negative response, other than mere silence, to the offer of, recommendation for, or other proffering of voluntary receipt of psychotropic medication. “Protest" does not mean a discernible negative response to a proposed method of administration of the psychotropic medication.
“Psychotropic medication" means a prescription drug, as defined in s. 450.01 (20)
, Stats., that is used to treat or manage a psychiatric symptom or challenging behavior.
“QIDP" or “qualified intellectual disabilities professional" means a person who has specialized training in intellectual disabilities or at least one year of experience in treating or working with people with intellectual disabilities or other developmental disabilities, and is one of the following:
A social worker with a graduate degree from a school of social work accredited or approved by the council on social work education or with a bachelor's degree in social work from a college or university accredited or approved by the council on social work education;
A therapeutic recreation specialist who is a graduate of an accredited program or who has a bachelor's degree in a specialty area such as art, dance, music, physical education or recreation therapy; or
A human services professional who has a bachelor's degree in a human services field other than those listed in pars. (a)
, such as rehabilitation counseling, special education or sociology.
“Recuperative care" means care anticipated to be provided for a period of 90 days or less for a resident whose physician has certified that he or she is convalescing or recuperating from an illness or a medical treatment.
“Registered nurse" means a person who holds a certificate of registration as a registered nurse under ch. 441
“Rehabilitation" means treatment provided to restore the individual to the fullest possible level of physical, social and economic functioning until the individual's level and patterns of needs and abilities do not show significant change. “Rehabilitation" may include medical treatment, psychiatric treatment, physical therapy, occupational therapy, speech and hearing therapy, nursing care, vocational counseling, social services or recreational therapy.
“Resident" means a person cared for or treated in any facility on a 24-hour basis.
“Respite care" means care anticipated to be provided for a period of 28 days or less for the purpose of temporarily relieving a family member or other caregiver from his or her daily caregiving duties.
“Short-term care" means recuperative care or respite care.
“Small facility" means a facility licensed to serve 16 or fewer persons.
“Specialized consultation" means the provision of professional or technical advice such as systems analysis, crisis resolution or inservice training, to assist the facility in maximizing service outcomes.
“Supervision" means at least intermittent face-to-face contact between a supervisor and his or her assistant, with the supervisor instructing and overseeing the assistant, but does not require the continuous presence of the supervisor in the same building as the assistant.
“Unit dose drug delivery system" means a system for the distribution of medications in which single doses of medications are individually packaged and sealed for distribution to residents.
DHS 134.13 History
Cr. Register, June, 1988, No. 390
, eff. 7-1-88;
corrections in (30), (39) (d) and (e) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532
; CR 03-033
: am. (7), (10) (a), (12), (13), (17) and (39) (intro.) Register December 2003 No. 576
, eff. 1-1-04; CR 04-053
: r. and recr. (1), (2) and (3), am. (4), (5), (10) and (13), cr. (4m) and (23m) Register October 2004 No. 586
, eff. 11-1-04; CR 07-042
: cr. (18m), (38g) and (38r) Register October 2007 No. 622
, eff. 11-1-07; corrections in (1), (8), (23m), (30), (39) (d) and (e) made under s. 13.92 (4) (b) 6. and 7., Stats., Register January 2009 No. 637
; 2019 Wis. Act 1: am. (9) (intro.), (39) Register May 2019 No. 761, eff. 6-1-19
Application for a license to operate an FDD shall be made on a form provided by the department.
DHS 134.14 Note
Note: To obtain a copy of the application form for a license to operate an FDD, write: Division of Quality Assurance, P.O. Box 2969, Madison, Wisconsin 53701-2969.
A new FDD may not have more than 16 residents, except that:
A center serving people with developmental disabilities may have more than 16 residents; and
A home licensed under ch. DHS 132
on July 1, 1988 which under ch. DHS 122
has converted or converts all of a building or a physically identifiable distinct part of a building to be an FDD may have a capacity that is equal to the total number of beds approved under s. DHS 122.07 (2)