Section DHS 94.05 - Limitation or denial of rights(1) No patient right may be denied except as provided under s. 51.61(2), Stats., and as otherwise specified in this chapter.(2)(a) Good cause for denial or limitation of a right exists only when the director or designee of the treatment facility has reason to believe the exercise of the right would create a security problem, adversely affect the patient's treatment or seriously interfere with the rights or safety of others.(b) Denial of a right may only be made when there are documented reasons to believe there is not a less restrictive way of protecting the threatened security, treatment or management interests.(c) No right may be denied when a limitation can accomplish the stated purpose and no limitation may be more stringent than necessary to accomplish the purpose.(3) At the time of the denial or limitation, written notice shall be provided to the patient and the guardian, if any, and a copy of that notice shall be placed in the patient's treatment record. The written notice shall:(a) Inform the patient and the guardian, if any, of the right to an informal hearing or a meeting with the person who made the decision to limit or deny the right.(b) State the specific conditions required for restoring or granting the right at issue;(c) State the expected duration of denial or limitation; and(d) State the specific reason for the denial or limitation.(4) Within 2 calendar days following the denial, written notice shall be sent as follows: (a) If the patient is a county department patient, to the county department's client rights specialist and, in addition, if the patient is in a department-operated facility, to the department's division of care and treatment facilities; and(b) If the patient is not a county department patient, to the treatment facility's client rights specialist and, in addition, if the patient is in a department-operated facility, to the department's division of care and treatment facilities. Note: Copies of the rights-denial form may be requested from the Department's website at www.dhs.wisconsin.gov/clientrights or by writing to the Division of Mental Health and Substance Abuse Services, P.O. Box 7851, Madison, WI 53707-7851.
(5) The treatment facility director or that person's designee shall hold an informal hearing or arrange for the person who made the decision to limit or deny the right to hold a meeting within 3 days after receiving a hearing request or a request for a meeting with the person who made the decision from a patient whose rights have been denied or limited. The treatment facility director or designee, in the case of a hearing, or the person who made the decision to limit or deny the right, in the case of a meeting, shall consider all relevant information submitted by or on behalf of the patient when rendering a decision.(6) The service provider shall inform a patient whose rights are limited or denied in accordance with this subsection that the patient may file a grievance concerning the limitation or denial.Wis. Admin. Code Department of Health Services DHS 94.05
Cr. Register, January, 1987, No. 373, eff. 2-1-87; am. (3) (a), (4) (a), (5), r. and recr. (6), Register, June, 1996, No. 486, eff. 7-1-96.