Entries for Keyword(s):
Search terms
joined by:
And or Or
Document Citation:
Wis. Adm. Code DHS 134.33
Header:
WISCONSIN ADMINISTRATIVE CODE
DEPARTMENT OF HEALTH SERVICES
CHAPTER DHS 134. FACILITIES SERVING PEOPLE WITH DEVELOPMENTAL DISABILITIES
SUBCHAPTER II -- RESIDENTS' RIGHTS AND PROTECTIONS
Date:
08/31/2009
Document:
DHS 134.33 Housing residents in locked units.
(1) DEFINITIONS. In this section:
(a) "Consent" means a written, signed request given without duress by a resident capable of understanding the nature of the locked unit, the circumstances of his or her condition and the meaning of the consent to be given and that consent may be withdrawn at any time.
(b) "Locked unit" means a ward, wing or room which is designated as a protective environment and is secured in a manner that prevents a resident from leaving the unit at will. A physical restraint applied to the body is not a locked unit. A facility locked for purposes of security is not a locked unit, provided that residents may exit at will.
(2) RESTRICTION. Except as otherwise provided by this section, no resident may be housed in a locked unit. Physical restraints or repeated use of the emergency restraint under sub. (5) may not be used to circumvent this restriction. Placement in a locked unit shall be based on the determination that this placement is the least restrictive environment consistent with the needs of the person.
Note: For requirements relating to the use of physical restraints, see s. DHS 134.60 (5).
(3) PLACEMENT. (a) A resident may be housed in a locked unit under any one of the following conditions:
1. The resident or guardian consents to the resident being housed in a locked unit;
2. The court that protectively placed the resident under ch. 55, Stats., made a specific finding of the need for a locked unit;
3. The resident has been transferred to a locked unit pursuant to s. 55.15, Stats., and the medical record contains documentation of the notice provided to the guardian, the court and the agency designated under s. 55.02, Stats.; or
4. In an emergency governed by sub. (5).
(b) A facility may transfer a resident from a locked unit to an unlocked unit without court approval pursuant to s. 55.15, Stats., if it determines that the needs of the resident can be met on an unlocked unit. Notice of the transfer shall be provided as required under s. 55.15, Stats., and shall be documented in the resident's medical record.
(4) RESIDENT CONSENT. (a) A resident's or guardian's consent under sub. (3) (a) 1. to placement in a locked unit shall be effective for no more than 90 days from the date of the consent and may be withdrawn sooner. Consent may be renewed for 90-day periods. Consent shall be in writing.
(b) The resident or guardian may withdraw his or her consent to the resident being placed in a locked unit at any time, orally or in writing. The resident shall be transferred to an unlocked unit promptly following withdrawal of consent.
(5) EMERGENCIES. In an emergency, the person in charge of the facility may order the confinement of a resident to a locked unit if necessary to protect the resident or another person from injury or to prevent physical harm to the resident or another person resulting from the destruction of property, provided the physician is notified within one hour and written authorization for continued use is obtained from the physician within 12 hours. No resident may be confined for more than an additional 72 hours under order of the physician.
Previous
Next
Click on Document Citation to see item