Register December 2021 No. 792
Chapter DHS 124
Subchapter I — General
Authority, purpose and applicability.
Approval by the department.
Waivers and variances.
Subchapter II — Requirements
Statements of deficiency and plans of correction.
Patient rights and responsibilities in critical access hospitals.
Maternity and neonatal care.
Freestanding emergency departments.
Subchapter V — Physical Environment
Plans for new construction and alterations.
Fees for plan reviews.
Patient rooms - general.
Patient care areas.
Additional requirements for particular patient care areas; psychiatric units.
Other physical environment; fire report.
Subchapter VI — Critical Access Hospitals
Designation as a critical access hospital.
Rural health plan.
Ch. DHS 124 Note
Chapter H 24 as it existed on January 31, 1988 was repealed and a new chapter HSS 124 was created effective February 1, 1988. Chapter HSS 124 was renumbered chapter HFS 124 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1996, No. 488
. Chapter HFS 124 was renumbered chapter DHS 124 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637
DHS 124.01 Authority, purpose and applicability.
This chapter establishes standards for the construction, maintenance and operation of hospitals. The chapter is promulgated under the authority of s. 50.36 (1)
, Stats., to ensure that hospital patients receive safe and adequate care and treatment and that the health and safety of patients and hospital employees are protected. The provisions of this chapter apply to all facilities meeting the definition of hospital in s. 50.33 (2)
, Stats., that are not specifically exempt under s. 50.39
, Stats., except for those provisions that apply only to particular types of hospitals.
DHS 124.01 Note
Among facilities that are specifically exempt under s. 50.39
, Stats., from being treated as hospitals for purposes of regulation under ss. 50.32
and this chapter are physicians' clinics and offices, nursing homes, the Milwaukee County Mental Health Center and correctional institutions operated by the Wisconsin department of corrections.
DHS 124.01 History
Cr. Register, January, 1988, No. 385
, eff. 2-1-88.
DHS 124.02 Definitions.
In this chapter:
“Critical access hospital" means a hospital that is designated by the department as meeting the requirements of 42 USC 1395i-4
(c) (2) (B) and is federally certified as meeting the requirements of 42 USC 1395i-4
“Dentist" means a person licensed to practice dentistry under ch. 447
“Department" means the Wisconsin department of health services.
“Health physicist" means a person holding a masters degree or doctorate in an appropriate discipline of radiologic physics or who has equivalent education and experience.
“Hospital" means any building, structure, institution or place that does all of the following:
Offers inpatient, overnight care on a 24-hour-a-day basis, or on an as-needed basis in the case of a critical access hospital.
Devotes itself primarily to the maintenance and operation of facilities for the diagnosis and treatment of, and medical or surgical care for, 3 or more nonrelated individuals, designated “patients" in this chapter, suffering from illness, disease, injury or disability, whether physical or mental, or who are pregnant.
Regularly makes available at least clinical laboratory services, diagnostic x-ray services and treatment facilities for surgery, obstetrical care or other definitive medical treatment, except as otherwise provided for critical access hospitals in this chapter.
“Hospital" may include, but is not limited to, related facilities such as outpatient facilities, nurses', interns' and residents' quarters, training facilities and central service facilities operated in connection with the hospital.
“Licensed practical nurse" means a person licensed as a trained practical nurse under ch. 441
“Medical staff” means the hospital's organized component of physicians, podiatrists, dentists, and other practitioners eligible to be on the medical staff pursuant to the medical staff bylaws who are granted specific clinical privileges for the purposes of providing adequate medical, podiatric, dental care or other health care services for the patients of the hospital.
“Medicare" means the health insurance program operated by the U.S. department of health and human services under 42 USC 1395
ccc and 42 CFR ch. IV, subch.
“Physician" means a person licensed to practice medicine or osteopathy under ch. 448
“Physician assistant" means a person certified under ch. 448
, Stats., to perform patient services under the supervision and direction of a licensed physician.
“Podiatrist" means a person licensed to practice podiatry or podiatric medicine and surgery under ch. 448
“Practitioners” means physicians, dentists, podiatrists or other professions permitted by Wisconsin law to distribute, dispense and administer medications in the course of professional practice, admit patients to a hospital, or provide any other health care service that is within that profession's scope of practice and for which the governing body grants clinical privileges.
“Registered nurse" means a person who is licensed as a registered nurse under ch. 441
“Tissue" means a substance consisting of cells and intercellular material that is removed from a patient's body during a surgical procedure.
DHS 124.02 History
Cr. Register, January, 1988, No. 385
, eff. 2-1-88; correction in (3) made under s. 13.93 (2m) (b) 6., Stats., Register, August, 1996, No. 488
; emerg. cr. (1m), am. (6), (12 and (19), r. and recr. (21), eff. 9-12-98; cr. (1m) and (10m), am. (6), (12) and (19) and r. and recr. (21), Register, January, 1999, No. 517
, eff. 2-1-99; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register January 2009 No. 637
; CR 19-135
: r. (1), (4), (7), (8), r. and recr. (10), (14), r. (15) to (18), (20), (21) Register June 2020 No. 774
, eff. 7-1-20; correction in (14) made under s. 35.17, Stats., Register June 2020
No hospital may operate in Wisconsin unless it is approved by the department.
To be approved by the department, a hospital shall comply with this chapter and with all other applicable state laws and local ordinances, including all state laws and local ordinances relating to fire protection and safety, reporting of communicable disease, cancer reporting and post-mortem examination, and professional staff of the hospital shall be licensed or registered, as appropriate, in accordance with applicable laws.