Section 88.07. Resident care.  


Latest version.
  • (1) General requirements.
    (a) The licensee shall provide a safe, emotionally stable, homelike and humane environment for residents.
    (b) The licensee shall encourage a resident's autonomy, respect a resident's need for physical and emotional privacy and take a resident's preferences, choices and status as an adult into consideration while providing care, supervision and training.
    (c) The licensee shall plan activities and services with the residents to accommodate individual resident needs and preferences and shall provide opportunities for each resident to participate in cultural, religious, political, social and intellectual activities within the home and community. A resident may not be compelled to participate in these activities.
    (d) The licensee shall allow a resident to participate in all activities that the resident selects unless contrary to the resident's individualized service plan or the home's program statement.
    (e) The licensee shall arrange for a service provider to be present in the home when the licensee is gone overnight or when the licensee's absence prevents the resident from receiving the services, training or supervision specified in the resident's individual service plan under s. DHS 88.06 (3) .
    (2) Services.
    (a) The licensee shall provide or arrange for the provision of individualized services specified in a resident's individual service plan that are the licensee's responsibility.
    (b) Services shall be directed to the goal of assisting, teaching and supporting the resident to promote his or her health, well-being, self-esteem, independence and quality of life. The services shall include but are not limited to:
    1. Supervising or assisting a resident with or teaching a resident about activities of daily living.
    2. Providing, arranging, transporting or accompanying a resident to leisure and recreational activities, employment and other activities identified in the resident's individual service plan.
    3. Providing, arranging, transporting or accompanying a resident to medical or other appointments as part of the resident's individual service plan.
    4. Keeping a current record of all medical visits, reports and recommendations for a resident.
    5. Monitoring resident health by observing and documenting changes in each resident's health and referring a resident to health care providers when necessary.
    6. Notifying the placing agency, if any, and guardian, if any, of any significant changes in a resident's medical condition, including any life-threatening, disabling or serious illness, any illness lasting more than 3 days, an injury sustained by the resident, medical treatment needed by the resident or the resident's absence from the home for more than 24 hours.
    (c) Services that are provided shall be services determined by the resident, licensee, service coordinator, if any, placing agency, if any, and guardian, if any, to be needed by the resident and within the capability of the licensee to provide.
    (d) A licensee may arrange for or, if qualified, personally provide nursing care to residents. No more than 7 hours of nursing care per week may be provided to a resident.
    (e) The licensee shall ensure that each resident has an annual health examination by a physician.
    (3) Prescription medications.
    (a) Every prescription medication shall be securely stored, shall remain in its original container as received from the pharmacy and be stored as specified by the pharmacist.
    (b) A resident has the right to refuse prescription medication unless there is a court order requiring the resident to take the medication. When the resident under court order does not take the medication, the licensee shall notify the court and the responsible physician.
    (c) If the licensee or service provider assists a resident with a prescription medication, the licensee or service provider shall help the resident securely store the medication, take the correct dosage at the correct time and communicate effectively with his or her physician.
    (d) Before a licensee or service provider dispenses or administers a prescription medication to a resident, the licensee shall obtain a written order from the physician who prescribed the medication specifying who by name or position is permitted to administer the medication, under what circumstances and in what dosage the medication is to be administered. The licensee shall keep the written order in the resident's file.
    (e)
    1. The licensee shall keep a record of all prescription medications controlled, dispensed or administered by the licensee which show the name of the resident, the name of the particular medication, the date and time the resident took the medication and errors and omissions. The medication controlled by licensee shall be kept in a locked place.
    2. The record shall also contain information describing potential side effects and adverse reactions caused by each prescription medication.
    (4) Nutrition.
    (a) A licensee shall provide each resident with a quantity and variety of foods sufficient to meet the resident's nutritional needs and preferences and to maintain the resident's health.
    (b) The licensee shall provide to each resident or ensure that each resident receives 3 nutritious meals each day and snacks that are typical in a family setting.
    (c) Food shall be prepared and stored 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 licensee shall take into account special physical and religious dietary needs of the residents. A special diet shall be served to a resident if prescribed by the resident's physician.