Section DHS 82.07 - Resident care(1) GENERAL REQUIREMENTS. (a) The sponsor shall provide a safe, emotionally stable, homelike and humane environment which encourages a resident's autonomy, addresses a resident's need for physical and emotional privacy and takes a resident's preferences and choices and status as an adult into consideration while providing care and supervision.(b) The sponsor shall plan activities and services with the residents to accommodate individual resident needs and preferences and shall provide opportunities for the residents to participate in cultural, religious, political, social and intellectual activities within the home and community. Residents may not be compelled to participate in these activities.(c) The sponsor shall allow a resident to participate in all activities that the resident selects and is capable of learning unless the resident's individualized service plan indicates otherwise.(d) The sponsor shall arrange for a substitute provider when the sponsor is gone overnight or when the sponsor's absence prevents the resident from receiving the services or supervision specified in the individualized service plan developed under s. DHS 82.06(5).(2) SERVICES. (a) The sponsor shall provide or arrange for the provision of those services specified in the individualized service plan that are the sponsor's responsibility. A resident may refuse any service. Services shall be directed to the goals of assisting, teaching and supporting the resident to promote his or her health, well-being, self-esteem, independence and quality of life and may include: 1. Supervising or assisting residents with or teaching residents about activities of daily living;2. Providing, arranging, transporting or accompanying residents to leisure and recreational activities; and3. Monitoring resident health by observing and documenting changes in each resident's health status and referring a resident to health care providers when necessary.(b) Services that are provided shall be services determined by the sponsor or service coordinator and the resident, or the resident's guardian, if any, to be needed by the resident and within the capability of the sponsor to provide.(c) A sponsor may not directly and personally provide nursing care to residents. The sponsor may arrange nursing care if the care is needed or if it is specified in the service plan. No more than 2 residents may routinely need or receive nursing care in excess of 7 hours per week. If nursing care in excess of 7 hours per week is routinely required by more than 2 residents, the sponsor shall either notify the certifying agency and each resident's service coordinator in writing that a change of placement is needed for at least one resident or the sponsor shall apply for a license to operate a nursing home. The sponsor is not responsible for finding an alternative placement.(3) PRESCRIPTION MEDICATIONS. (a)Containers. Every container in which prescription medication is stored shall have a label permanently attached to the outside which lists the name of the person for whom the medication is prescribed, the physician's name, the prescription number, the name and dosage of the medication, directions for use, the date the medication was issued, an expiration date for time-dated medication, and the name, address and telephone number of the pharmacy from which the medication was obtained.(b)Control and administration.1. A resident shall control and administer his or her own medications except when the resident is not able to do so, as determined by the resident's physician, or when the resident or resident's guardian, if any, requests the sponsor's assistance.2. A resident may not be forced to take medications except by order of a court. If the resident refuses to take a prescribed medication, the sponsor shall inform the resident's guardian and service coordinator about the resident's refusal.3. For the sponsor to administer any prescription medication, the sponsor shall obtain a written order from the physician who prescribed the medication. The written order from the physician shall specify under what conditions and in what dosages the medication is to be administered.4. The sponsor may not administer a medication to a resident when there is a court order that directs the resident to take the medication. If the sponsor provided assistance with a medication, the sponsor shall help the resident safely store the medication, take the correct dosage at the correct time and communicate effectively with his or her physician or pharmacist.(c)Records. Records shall be kept by the sponsor of all prescription medications controlled or administered by the sponsor, which shall show the name of the resident, the name of the particular medication, the date and time of administration by the sponsor and the dose administered.(4) NUTRITION. (a) The sponsor shall provide each resident with a quantity and variety of foods sufficient to meet the resident's nutritional needs and preferences and to maintain his or her health.(b) The sponsor shall provide to each resident or ensure that each resident receives 3 nutritious meals each day. This requirement does not apply to the sponsor if a meal is included in other programming in which the resident participates and is paid for by the provider of that programming.(c) Food shall be prepared in a sanitary manner.(d) Residents shall be routinely served their meals in common dining areas with other household members.(e) Meals prepared by the sponsor shall take into account special physical and religious dietary needs of residents.Wis. Admin. Code Department of Health Services DHS 82.07
Cr. Register, December, 1989, No. 408, eff. 1-1-90.