DHS 83.14 Licensee.
(1) QUALIFICATIONS. (a) A
licensee shall be at least 21 years of age and be fit and qualified under s. 50.03 (4), Stats., and s. DHS 83.07.
(b) A licensee shall meet the caregiver background requirements under s. 50.065, Stats., and ch. DHS 12.
(2) RESPONSIBILITIES. (a) The licensee shall ensure the CBRF and its operation comply with all laws governing the CBRF.
(b) The licensee shall report any change in client group in writing to the department at least 30 days in advance and may not
implement the change until the licensee receives written approval from the department.
(c) The licensee shall report any change in capacity or class and may not implement the change until the licensee receives
written approval from the department.
(d) The licensee shall provide to each resident, or the resident’s legal representative, referral agency and third-party payer, a
30−day written notice of any change in size, class, or client group.
(e) The licensee shall notify the department within 7 days after there is a change in the administrator.
(f) The licensee shall ensure a copy of this chapter is in the CBRF.
(g) The licensee shall provide, in a format approved by the
department, information required by the department to assess the
facility’s compliance with s. 55.14, Stats., relating to involuntary
administration of psychotropic medication to a resident.
(h) The licensee shall post the CBRF license, any statement of
deficiency, notice of revocation and any other notice of enforcement action in a public area that is visually and physically available. A statement of deficiency shall remain posted for 90 days
following receipt. Notices of revocation and other notices of
enforcement action shall remain posted until a final determination
(i) The licensee shall make available the results of all department license renewal surveys, monitoring visits and any complaint investigations for the preceding 2 years when requested by
any current or prospective resident, resident’s legal representative, case manager or family member.
(j) The licensee may not permit the existence or continuation
of any condition which is or may create a substantial risk to the
health, safety or welfare of any resident.
(k) The licensee shall ensure that the presence of other occupants does not adversely affect the health, safety or welfare of residents.
DHS 83.15 Administrator. (1) QUALIFICATIONS.
The administrator of a CBRF shall be at least 21 years of age and exhibit the capacity to respond to the needs of the residents and
manage the complexity of the CBRF. The administrator shall have any one of the following qualifications:
(a) An associate degree or higher from an accredited college in a healthcare-related field.
(b) A bachelor’s degree in a field other than in health care from
an accredited college and one year experience working in a healthcare-related field having direct contact with one or more of the client groups identified under s. DHS 83.02 (16).
(c) A bachelor’s degree in a field other than in health care from an accredited college and have successfully completed an assisted
living administrator’s training course approved by the department or the department’s designee.
(d) At least 2 years experience working in a healthcare-related field having direct contact with one or more of the client groups
identified under s. DHS 83.02 (16) and have successfully completed an assisted living administrator’s training course approved
by the department or the department’s designee.
(e) A valid nursing home administrator’s license issued by the
department of safety and professional services.
(2) Persons who are the qualified administrator of record with the department of a CBRF on April 1, 2009, shall be exempt from
the qualification requirements specified under sub. (1).
(3) RESPONSIBILITIES. (a) The administrator shall supervise the daily operation of the CBRF, including but not limited to, resident care and services, personnel, finances, and physical plant.
The administrator shall provide the supervision necessary to ensure that the residents receive proper care and treatment, that
their health and safety are protected and promoted and that their rights are respected.
(b) The administrator shall be responsible for the training and
competency of all employees.
(c) A qualified resident care staff shall be designated as in
charge whenever the administrator is absent from the CBRF.
DHS 83.16 Employee. (1) Each employee shall have the skills, education, experience and ability to fulfill the employee’s
(2) Resident care staff shall be at least 18 years old.
DHS 83.17 Hiring and employment.
BACKGROUND CHECK. At the time of hire, employment or contract and every 4 years after, the licensee shall conduct and document
a caregiver background check following the procedures in s. 50.065, Stats., and ch. DHS 12. A licensee shall not employ, contract with or permit a person to reside at the CBRF if the person
has been convicted of the crimes or offenses, or has a governmental finding of misconduct, found in s. 50.065, Stats., and ch. DHS
12, Appendix A, unless the person has been approved under the department’s rehabilitation process as defined in ch. DHS 12.
(2) EMPLOYEE HEALTH COMMUNICABLE DISEASE CONTROL. (a)
The CBRF shall obtain documentation from a physician, physician assistant, clinical nurse practitioner or a licensed registered
nurse indicating all employees have been screened for clinically
apparent communicable disease including tuberculosis. Screening for tuberculosis shall be conducted using centers for disease
control and prevention standards. The screening and documentation shall be completed within 90 days before the start of employment. The CBRF shall keep screening documentation confidential, except the department shall have access to the screening documentation for verification purposes.
(b) Employees shall be re−screened for clinically apparent
communicable disease as described in par. (a) based on the likelihood of exposure to communicable diseases, including tuberculosis.
(c) A person who has a communicable disease shall not be permitted to work or be present in the CBRF if the disease would present a risk to the health or safety of residents.
Note: For information from the center for disease control and prevention regarding screening for tuberculosis go to http://www.cdc.gov/
in (1) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.
DHS 83.18 Employee records. (1) A separate record
for each employee shall be maintained, kept current, and at a minimum, include:
(a) A written job description including duties, responsibilities, and qualifications required for the employee.
(b) Beginning date of employment.
(c) Educational qualifications for administrators.
(d) A completed caregiver background check following procedures under s. 50.065, Stats., and ch. DHS 12.
(e) Documentation of training, or exemption verification.
(2) Employee records shall be available upon request at the
CBRF for review by the department.