DHS 83.01 Authority and purpose.
(1) This chapter is promulgated under the authority of s. 50.02 (2), Stats., to develop and establish regulations and standards for the care, treatment or
services, and health, safety, rights, welfare, and comfort of residents in CBRFs.
(2) The chapter is intended to ensure all CBRFs provide a living environment for residents that is as homelike as possible and is the least restrictive of each resident’s freedom; and that care and
services a resident needs are provided in a manner that protects the rights and dignity of the resident and that encourages the resident
to move toward functional independence in daily living or to maintain independent functioning to the highest possible extent.
DHS 83.02 Definitions. In this chapter:
(1) “Abuse” has the meaning given in s. 46.90 (1), Stats.
(2) “Accessible” means barriers are not present that prevent a person from entering, leaving or functioning within a CBRF without physical help.
(3) “Activities of daily living” means bathing, eating, oral hygiene, dressing, toileting and incontinence care, mobility and transferring from one surface to another such as from a bed to a chair.
(4) “Administrator” means an employee, including the licensee, or an employee designated by the licensee, who is
responsible for the management and day−to−day operation of the CBRF.
(5) “Adult” means an individual who is at least 18 years of age.
(5m) “Advanced practice nurse” has the meaning given in s. N 8.02 (1).
(6) “Ambulatory” means the ability to walk without difficulty or help.
(7) “Apartment” means a living space with separate living, toileting and sleeping areas.
(8) “Applicant” means the person seeking licensure of a CBRF.
(9) “Area of refuge” means a room or stairwell landing for residents who cannot negotiate stairs, used for safe, temporary refuge in a fire or other emergency to await instruction or assistance.
(10) “Assessment” means gathering and analyzing information about a prospective or existing resident’s needs and abilities.(11) “Basement” means that portion of a building that is partly or completely below grade.
(12) “Care, treatment or services” means the provision of personal care, supervision, supervision of medication administration,
management, or assistance to a resident by the CBRF, an employee, or by a person, agency or corporation affiliated with or
under contract to the operator that is above the level of room and board.
(13) “Caregiver” has the meaning given in s. 50.065 (1) (ag), Stats.
(14) “Case manager” means a person who plans, coordinates and oversees the care of a resident.
(15) “Chemical restraint” means a psychotropic medication
used for discipline or convenience, and not required to treat medical symptoms.
(16) “Client group” means individuals who need similar services because of a common disability, condition or status. Client groups include individuals:
(a) With functional impairments that commonly accompany advanced age.
(b) With irreversible dementia, such as Alzheimer’s disease.
(c) Who have a developmental disability as given in s. 51.01
(d) Who are emotionally disturbed or who have a mental illness as given in s. 51.01 (13) (a), Stats.
(e) Who are alcoholic as given in s. 51.01 (1), Stats., or who
are drug dependent as defined in s. 51.01 (8), Stats.
(f) With physical disabilities.
(g) Who are pregnant and in need of counseling services.
(h) Under the legal custody of a government correctional
agency or under the legal jurisdiction of a criminal court.
(i) Diagnosed as terminally ill.
(j) With traumatic brain injury.
(k) With acquired immunodeficiency syndrome (AIDS).
(17) “Common dining and living space” means areas of the CBRF that are available to all residents for living and dining.
(18) “Community−based residential facility” or “CBRF” has
the meaning given in s. 50.01 (1g), Stats.
(19) “Department” means the Wisconsin department of health services.
(20) “Dietary supplement” means a product taken by mouth that contains a dietary ingredient such as vitamins, minerals, herbs
or other botanicals, amino acids, and substances such as enzymes, organ tissues, glandulars, and metabolites.
(21) “Dietitian” means a person certified under subch. V of ch. 448, Stats.
(22) “Employee” means any person who works for a CBRF or
for an entity that is affiliated with the CBRF or that is under contract to the CBRF, who is under direct control of the CBRF or corporation affiliated with the CBRF and who receives compensation
subject to state and federal employee withholding taxes.
(23) “Habitable floor” means any floor level used by residents or other occupants of the CBRF, for sleeping, living, cooking or
dining, including a basement.
(24) “Habitable room” means any room used for sleeping, living, cooking or dining, excluding enclosed places such as closets, pantries, hallways, laundries, storage spaces, utility rooms and
(25) “Horizontal evacuation” means egress travel from one building to an area in another building on approximately the same
level, or egress travel through or around a wall or partition which affords safety from fire and smoke to an area on approximately the
same level in the same building.
(26) “Intermediate level nursing care” means care that is required by a person who has a long−term illness or disability who
has reached a relatively stable condition.
(27) “Involuntary administration of psychotropic medication” means any one of the following:
(a) Placing psychotropic medication in an individual’s food or drink with knowledge that the individual protests receipt of the
(b) Forcibly restraining an individual to enable administration of psychotropic medication.
(c) Requiring an individual to take psychotropic medication as
a condition of receiving privileges or benefits.
(28) “Legal representative” means a person who is any of the following:
(a) The health care agent under an activated power of attorney for health care under ch. 155, Stats.
(b) A person appointed as a durable power of attorney under ch. 244, Stats.
(c) A guardian as given in s. 54.01 (10) to (12), Stats.
(29) “Medication administration” means the direct injection, ingestion or other application of a prescription or over−the−
counter drug or device to a resident by a practitioner, the practitioner’s authorized agent, CBRF employees or the resident, at
the direction of the practitioner. Medication administration does
not include reminders to take medication.
(30) “Misappropriation of property” has the meaning as given in s. DHS 13.03 (12).
(31) “Neglect” has the meaning as given in s. 46.90 (1) (f), Stats.
(32) “New construction” means construction for the first time of any building or addition to an existing building on or after the effective date of this chapter.
(33) “NFPA” means the National Fire Protection Association.
(34) “Non−ambulatory” means a person who is unable to walk, but who may be mobile with the help of a wheelchair or
other mobility devices.
(35) “Nursing care” means nursing procedures, other than personal care, that a registered nurse or a licensed practical nurse
performs directly on or to a resident.
(36) “Other occupant” means any person who lives and sleeps in the CBRF, but who is not a resident of the CBRF.
(37) “Personal care” means assistance with activities of daily
living, but does not include nursing care.
(38) “Pharmacist” means an individual licensed under ch. 450, Stats.
(39) “Physical restraint” means any manual method, article,
device, or garment interfering with the free movement of the resident or the normal functioning of a portion of the resident’s body
or normal access to a portion of the resident’s body, and which the resident is unable to remove easily, or confinement of a resident
in a locked room.
(40) “Practitioner” means a person licensed in Wisconsin to prescribe and administer drugs or licensed in another state and
recognized by this state as a person authorized to prescribe and administer drugs.
(41) “Psychotropic medication” means a prescription drug, as
given in s. 450.01 (20), Stats., that is used to treat or manage a psychiatric symptom or challenging behavior.
(42) “Qualified resident care staff” means an employee who has successfully completed all of the applicable training and orientation under subch. IV.
(43) “Relative” means a spouse, parent, stepparent, child, stepchild, sibling, grandchild, grandparent, aunt, uncle, niece, or nephew.
(44) “Remodeling” means to make over or rebuild a portion of a building, structure or room, thereby modifying its structural
strength, fire hazard character, exiting, heating and ventilating systems, electrical system, fire alarm, and fire protection systems,
call system, internal circulation or use as previously approved by the department. Construction of interior walls shall be considered
remodeling. Remodeling does not include minor repairs necessary for the maintenance of a building such as replacing like components of existing systems, redecorating existing walls or replacing floor finishes.
(45) “Reside” means the intent to remain in the CBRF permanently or continuously for more than 28 consecutive days.
(46) “Resident” means a person unrelated to the licensee or administrator who resides in the CBRF and who receives care,
treatment or services in addition to room and board.
(47) “Resident care staff” means the licensee and all employees who have one or more of the following responsibilities for residents: supervising a resident’s activities or whereabouts, managing or administering a resident’s medications, providing personal care or treatments for a resident, planning or conducting training or activity programming for a resident. Resident care staff does
not include volunteers and employees who work exclusively in the food service, maintenance, laundry service, housekeeping,
transportation, or security or clerical areas, and employees that do not work on the premises of the CBRF.
(48) “Respite care” means a person’s temporary placement in a CBRF for no more than 28 consecutive days for care, treatment
or services as established by the primary care provider.
(49) “Room” means a space that is completely enclosed by walls and a ceiling.
(50) “Seclusion” means physical or social separation of a resident from others by actions of employees, but does not include
separation to prevent the spread of communicable disease or voluntary cool−down periods in an unlocked room.
(51) “Semi−ambulatory” means a person is able to walk with difficulty or only with the assistance of an aid such as crutches, cane or a walker.
(52) “Significant change in a resident’s physical or mental
condition” means one or more of the following:
(a) Decline in a resident’s medical condition that results in further impairment of a long term nature.
(b) Decline in 2 or more activities of daily living.
(c) A pronounced decline in communication or cognitive abilities.
(d) Decline in behavior or mood to the point where relationships have become problematic.
(e) Significant improvement in any of the conditions in pars.
(a) to (d).
(53) “Standard precautions” means measures taken to reduce the risk of transmission of infection from contact with blood, body fluids or other moist body substances including all mucous membranes, non−intact skin, blood, all body fluids, secretions, and excretions except sweat, whether or not they contain visible blood.
(54) “Supervision” means oversight of a resident’s daily functioning, keeping track of a resident’s whereabouts and providing guidance and intervention when needed by a resident.
(55) “Terminal illness” means a medical prognosis issued in
writing by a physician or other qualified medical professional that an individual’s life expectancy is less than 12 months.
(56) “Therapeutic diet” means a food regimen ordered by a
the physician or other medical professional directed by the physician.
(57) “Unit dose” means medications packaged by a pharmacist in blister cards, punch cards, strip packaging, medication
reminder boxes or other similar packaging where the medication
dose is packaged in a pre−selected dose.
(58) “Utensils” means dishes, silverware and pots and pans
used for preparing, serving or consuming food.
(59) “Volunteer” means any person who provides services for
residents without compensation, except for reimbursement of
expenses related to services provided at the CBRF.
History: CR 07−095: cr. Register January 2009 No. 637, eff. 4−1−09; correction
in (30) made under 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; CR
10−091: cr. (5m) Register December 2010 No. 660, eff. 1−1−11; correction in (28)
(b) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660.
DHS 83.03 Variance and waiver. (1) In this section:
(a) “Variance” means the granting of an alternate means of meeting a requirement in this chapter.
(b) “Waiver” means the granting of an exemption from a requirement of this chapter.
(2) EXCEPTION TO A REQUIREMENT. (a) The department may grant a waiver or variance if the department determines that the
proposed waiver or variance will not jeopardize the health, safety, welfare or rights of any resident.
(b) A written request for a waiver or variance shall be sent to the department and include justification that the waiver or variance will not adversely affect the health, safety or welfare of any
resident for the requested action.
(c) A written request for a variance shall include a description of an alternative means planned to meet the intent of the requirement.