Register December 2010 No. 660
Chapter DHS 94
PATIENT RIGHTS AND RESOLUTION OF PATIENT GRIEVANCES
Subchapter I — General Provisions
Authority, purpose and applicability.
Notification of rights.
Subchapter II — Patient Rights
Limitation or denial of rights.
Assistance in the exercise of rights.
Least restrictive treatment and conditions.
Prompt and adequate treatment.
Medications and other treatment.
Isolation, seclusion and physical restraints.
Drastic treatment procedures.
Research and human rights committee.
Labor performed by patients.
Confidentiality of records.
Filming and taping.
Discharge of voluntary patients.
Humane psychological and physical environment.
Clothing and laundry.
Right to file grievances.
Grievance resolution procedures.
Application of other rules and regulations.
Subchapter III — Standards for Grievance Resolution Procedures
Program level review.
Administrative review by county or state.
State level review of county administrative decision.
Final state review.
Multiple grievances by one client.
Related grievances by several clients.
Grievances involving several programs.
Grievances presented on behalf of clients.
Complaints related to the existence or operation of grievance resolution systems.
Investigation by the department.
Support for development of grievance resolution systems.
Ch. DHS 94 Note
Corrections in chapter HFS 94 made under s. 13.93 (2m) (b) 1., 6. and 7., Stats., Register, June, 1996, No. 486
. Chapter HFS 94 was renumbered to chapter DHS 94 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635
. Chapter DHS 94 was reprinted Register December 2010 No. 660 to reflect Note revisions.
DHS 94.01 Authority, purpose and applicability. DHS 94.01(1)(1)
Authority and purpose.
This chapter is promulgated under the authority of s. 51.61 (5) (b)
, Stats., to implement s. 51.61
, Stats., concerning the rights of patients receiving treatment for mental illness, a developmental disability, alcohol abuse or dependency or other drug abuse or dependency.
Except as provided in par. (b)
, this chapter applies to the department, to county departments established under s. 46.23
, Stats., and to all treatment facilities and other service providers, whether or not under contract to a county department, including the state-operated mental health institutes and centers for the developmentally disabled, habilitation or rehabilitation programs, programs certified under ch. DHS 61
and facilities licensed under ch. DHS 124
which also provide treatment for alcoholic, drug dependent, mentally ill or developmentally disabled persons. This chapter also applies to correctional institutions in which inmates receive treatment for mental disorders, but only in relation to patient rights specified in s. 51.61 (1) (a)
, Stats. This chapter does not apply to a hospital emergency room.
DHS 94.01 Note
The mental health treatment of inmates of correctional institutions is governed by ch. DOC 314
. The application of ch. DHS 94
to correctional institutions is consistent with ss. DOC 314.02 (9)
and 314.04 (1) (c)
does not apply to the grievance procedures of the state mental health institutes, the state centers for persons with developmental disabilities or units housing patients committed under ch. 980, Stats.
, nor does it apply to individual private practitioners who deliver services through offices that are not part of a program.