Section 134.51. Limitations on admissions and retentions.

 

(1)   Limitations on admission.

(a) Bed capacity. No facility may admit or retain more persons than the maximum bed capacity for which it is licensed.

(b) Persons requiring unavailable services.

1. Persons who require services that the facility does not provide or make available may not be admitted or retained.

2. Persons who do not have a diagnosis of developmental disability may not be admitted.

(c) Communicable disease management.

1. `Communicable diseases.' The facility shall have the ability to manage persons with communicable disease that the facility admits or retains, based on currently recognized standards of practice.

2. `Reportable diseases.' Facilities shall report suspected communicable diseases that are reportable under ch. DHS 145 to the local public health officer or to the department's bureau of communicable disease.

(d) Destructive residents.

1. Notwithstanding s. DHS 134.13 (1) , in this paragraph, "abuse" means any single or repeated act of force, violence, harassment, deprivation or mental pressure which does or reasonably could cause physical pain or injury to another resident, or mental anguish or fear in another resident.

2. A person who the facility administrator has reason to believe is destructive of property or self-destructive, would disturb or abuse other residents or is suicidal, shall not be admitted or retained unless the facility has and uses sufficient resources to appropriately manage and care for the person.

(e) Minors. Except for a facility that was permitted to admit minors prior to the effective date of this chapter, no facility may admit a person under the age of 18 unless the admission is approved by the department after the department receives the following documents:

1. A statement from the referring physician stating the medical, nursing, rehabilitation and special services required by the minor;

2. A statement from the administrator certifying that the required services can be provided;

3. A statement from the attending physician certifying that the physician will be providing medical care; and

4. A statement from the person or agency assuming financial responsibility for the minor.

(f) Admissions 7 days a week. No facility may refuse to admit a person to be a new resident solely because of the day of the week.

(2)   Living unit limitations.

(a) A facility may not house residents of very different ages or developmental levels or with very different social needs in close physical or social proximity to one another unless the housing is planned to promote the growth and development of all the residents who are housed together.

(b) A facility may not segregate residents on the basis of their physical disabilities. The facility shall integrate residents who have different physical disabilities with other residents who have attained comparable levels of social and intellectual development.

Cr. Register, June, 1988, No. 390 , eff. 7-1-88; correction in (1) (c) 3. made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532 ; correction in (1) (c) 3. made under s. 13.93 (2m) (b) 6., Stats., Register December 2003 No. 576 ; CR 04-053 : r. and recr. (1) (c) and am. (1) (d) Register October 2004 No. 586 , eff. 11-1-04; correction in (1) (c) 2. made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637 .