“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)
A home licensed under ch. DHS 132
may not be issued a license to operate as an FDD after July 1, 1988 if it is not an FDD on July 1, 1988, except as provided in par. (a) 2.
An applicant for a license shall submit the following information to the department:
The identities of all persons or business entities having the authority, directly or indirectly, to direct or influence the direction of the management or policies of the facility;
The identities of all persons or business entities having any ownership interest in the facility, whether direct, or indirect, and whether the interest is in the profits, land or building, including owners of any business entity which owns any part of the land or building;
The identities of all creditors holding a security interest in the premises, whether in the land or the building; and
In the case of a change of ownership, disclosure of any relationship or connection between the old licensee and the new licensee, or between any owner or operator of the old licensee and the owner or operator of the new licensee, whether direct or indirect.
The applicant shall provide any additional information requested by the department during its review of the license application.
The applicant shall submit evidence to establish that he or she has sufficient resources to permit operation of the facility for a period of 6 months.
No license may be issued until the applicant has supplied all information requested by the department.
After receiving a complete application, the department shall investigate the applicant to determine the applicant's ability to comply with this chapter.
Within 60 days after receiving a complete application for a license, including all information required under sub. (3) (a)
, the department shall either approve the application and issue a license or deny the application. If the application for a license is denied, the department shall give the applicant reasons, in writing, for the denial.