Section DHS 95.03 - Definitions(1) "Administrator" means the administrator of the division.(2) "Bodily injury" means physical injury, illness, or any impairment of physical condition.(3) "Department" means the department of health services.(4) "Director" means the superintendent of a facility, or that person's designee.(5) "Disturbance" means a situation caused by a patient that disrupts the normal functioning of the facility, including but not limited to any of the following:(a) An assault on any person by 2 or more patients.(b) The taking of a hostage by a patient.(c) The destruction of state property or the property of another by 2 or more patients.(d) The refusal by 2 or more patients, acting in concert, to comply with an order.(e) Any word or acts by two or more patients which incite or encourage other patients to do any of the above.(6) "Division" means the division of care and treatment facilities in the department.(7) "Emergency" means an immediate threat to the safety of the public, staff or patients of the facility. An emergency includes, but is not limited to any of the following: (a) A utility malfunction.(c) A bomb threat or an explosion.(8) "Facility" means the secure mental health facility established under s. 46.055, Stats., the Wisconsin resource center established under s. 46.056, Stats., or any secure mental health unit or facility provided by the department of corrections under s. 980.065(2), Stats.(9) "Force" means the exercise of strength or power to overcome resistance or to compel another to act or to refrain from acting in a particular way.(10) "Great bodily injury" means bodily injury which creates a high probability of illness, death or serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.(12) "Less than lethal force" means force which the user reasonably believes will not create a substantial risk of causing death or great bodily injury to another.(13) "Lethal force" means force which the user reasonably believes will create a substantial risk of causing death or great bodily injury to another.(14) "Patient" means a person detained at or committed to a facility under ch. 980, Stats.(15) "Reasonably believes" means that the actor believes that the use of force is necessary in a given situation and such belief is reasonable under the circumstances.(15m) "Relative" means a parent, son, daughter, grandparent, greatgrandparent, grandchild, stepparent, brother, sister, first cousin, nephew, niece, uncle, or aunt. This relationship shall be by blood, marriage, or adoption.(16) "Secretary" means the secretary of the department.(17) "Security director" means the security director at a facility, or that person's designee.(18) "Strength or power" means the use of physical strength alone or with any device or object, including but not limited to an incapacitating device, firearm, or any other mechanical, electronic or physical object.Wis. Admin. Code Department of Health Services DHS 95.03
CR 01-045: cr. Register January 2002 No. 553, eff. 2-1-02; CR 02-112: am. (11) and (13), cr. (15m) Register March 2003 No. 567, eff. 4-1-03; renumber (12) and (13) under s. 13.93(2m) (b) 1, Stats., Register March 2003 No. 567; correction in (3) made under s. 13.92(4) (b) 6, Stats., Register November 2008 No. 635.Amended by, CR 18-066: r. (11) Register March 2020 No. 771, eff. 4/1/2020