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Wis. Admin. Code DHS 132

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Wis. Admin. Code DHS 132 active

Nursing Homes

Jurisdiction: WI Agency: Wisconsin DHS Division of Quality Assurance
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Wisconsin Administrative Code Chapter DHS 132 establishes comprehensive licensing and operating standards for nursing homes in Wisconsin, covering both skilled nursing facilities and intermediate care facilities. Operators must comply with requirements governing licensure applications, resident rights, staffing, services (medical, nursing, dietary, rehabilitative, pharmaceutical, dental, social), physical environment, and life safety. The chapter also addresses special provisions for facilities serving persons with developmental disabilities, short-term care, locked units, and institutions for mental diseases operating within nursing home settings.

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Regulation text
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
1 DEPARTMENT OF HEALTH SERVICES DHS 132.13
Chapter DHS 132
NURSING HOMES
Subchapter I — General
DHS 132.11 Statutory authority.
DHS 132.12 Scope.
DHS 132.13 Definitions.
DHS 132.14 Licensure.
DHS 132.15 Certification for medical assistance.
DHS 132.16 Quality assurance and improvement projects.
Subchapter II — Enforcement
DHS 132.21 Waivers and variances.
Subchapter III — Residents[ Rights and Protections
DHS 132.31 Rights of residents.
DHS 132.33 Housing residents in locked units.
Subchapter IV — Management
DHS 132.41 Administrator.
DHS 132.42 Employees.
DHS 132.44 Employee development.
DHS 132.45 Records.
DHS 132.46 Quality assessment and assurance.
Subchapter V — Admissions, Retentions and Removals
DHS 132.51 Limitations on admissions and programs.
DHS 132.52 Procedures for admission.
DHS 132.53 Transfers and discharges.
DHS 132.54 Transfer within the facility.
Subchapter VI — Services
DHS 132.60 Resident care.
DHS 132.61 Medical services.
DHS 132.62 Nursing services.
DHS 132.63 Dietary service.
DHS 132.64 Rehabilitative services.
DHS 132.65 Pharmaceutical services.
DHS 132.67 Dental services.
DHS 132.68 Social services.
DHS 132.69 Activities.
DHS 132.695 Special requirements for facilities serving persons who are develop-
mentally disabled.
DHS 132.70 Special requirements when persons are admitted for short-term care.
Subchapter VII — Physical Environment
DHS 132.71 Furniture, equipment and supplies.
DHS 132.72 Housekeeping services.
Subchapter VIII — Life Safety, Design and Construction
DHS 132.81 Scope and definitions.
DHS 132.812 Review for compliance with this chapter and the state building code.
DHS 132.815 Fees for plan reviews.
DHS 132.82 Life safety code.
DHS 132.83 Safety and systems.
DHS 132.84 Design.
Note: Chapter H 32 as it existed on July 31, 1982 was repealed and a new chapter 
HFS 132 was created effective August 1, 1982. Chapter HSS 132 was renumbered 
chapter HFS 132 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 
13.93 (2m) (b) 6. and 7., Stats., Register, December, 1996, No. 492. Chapter HFS 
132 was renumbered chapter DHS 132 under s. 13.92 (4) (b) 1., Stats., and correc-
tions made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.
Subchapter I — General
DHS 132.11 Statutory authority. This chapter is pro-
mulgated under the authority of ss. 49.498 (14) , 49.499 (2m) , 
50.02, 50.03, 50.095, and 50.098, Stats., to provide conditions of 
licensure for nursing homes.
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; CR 06-053: am. Register 
August 2007 No. 620, eff. 9-1-07.
DHS 132.12 Scope. All nursing homes licensed under s. 
50.03, Stats., are subject to all the provisions of this chapter, ex-
cept for those provisions that apply only to particular licensure 
categories, and except for those nursing homes regulated by ch. 
DHS 134. Nursing homes include those owned and operated by 
the state, counties, municipalities, or other public bodies. Nurs-
ing homes are also subject to the provisions in ch. 50, Stats., and 
chs. SPS 361 to 365, except s. SPS 361.31 (3). Federally certified 
nursing homes are also subject to the provisions contained in 42 
CFR 483.
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; CR 06-053: am. Register 
August 2007 No. 620, eff. 9-1-07; correction made under s. 13.92 (4) (b) 7., Stats., 
Register January 2009 No. 637 ; correction made under s. 13.92 (4) (b) 7. , Stats., 
Register January 2012 No. 673.
DHS 132.13 Definitions. In this chapter:
(1) XAbuseY has the meaning specified under s. DHS 13.03 
(1).
(1m) XAdvanced practice nurse prescriber Y means a person 
who has been granted a certificate to issue prescription orders un-
der s. 441.16 (2), Stats.
(2m) XAuthorized prescriber Y means a person licensed in 
this state to prescribe medications, treatments or rehabilitative 
therapies, or licensed in another state and recognized by this state 
as a person authorized to prescribe medications, treatments or re-
habilitative therapies.
(3) XDepartmentY means the Wisconsin department of health 
services.
(4) XDevelopmental disabilityY means intellectual disability 
or a related condition, such as cerebral palsy, epilepsy or autism, 
but excluding mental illness and degenerative brain disorder, 
which is:
(a) Manifested before the individual reaches age 22;
(b) Likely to continue indefinitely; and
(c) Results in substantial functional limitations in 3 or more 
of the following areas of major life activity:
1. Self-care;
2. Understanding and use of language;
3. Learning;
4. Mobility;
5. Self-direction; and
6. Capacity for independent living.
(5) XDietitianY means a person who is any of the following:
(a) Certified under s. 448.78, Stats.
(b) Licensed or certified as a dietitian in another state.
(7) XFacilityY means a nursing home subject to the require-
ments of this chapter.
(8) XFull-timeY means at least 37.5 hours each week devoted 
to facility business.
(8m) XIMDY or Xinstitution for mental diseasesY means a fa-
cility that meets the definition of an institution for mental dis-
eases under 42 CFR 435.1009.
(8r) XIntensive skilled nursing care Y means care requiring 
specialized nursing assessment skills and the performance of spe-
cific services and procedures that are complex because of the res-
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 132.13 WISCONSIN ADMINISTRATIVE CODE 2
ident[s condition or the type or number of procedures that are 
necessary, including any of the following:
(a) Direct patient observation or monitoring or performance 
of complex nursing procedures by registered nurses or licensed 
practical nurses on a continuing basis.
(b) Repeated application of complex nursing procedures or 
services every 24 hours.
(c) Frequent monitoring and documentation of the resident [s 
condition and response to therapeutic measures.
(9) XIntermediate care facilityY means a nursing home which 
is licensed by the department as an intermediate care facility to 
provide intermediate nursing care.
(10) XIntermediate nursing careY means basic care consisting 
of physical, emotional, social and other rehabilitative services un-
der periodic medical supervision. This nursing care requires the 
skill of a registered nurse for observation and recording of reac-
tions and symptoms, and for supervision of nursing care. Most of 
the residents have long-term illnesses or disabilities which may 
have reached a relatively stable plateau. Other residents whose 
conditions are stabilized may need medical and nursing services 
to maintain stability. Essential supportive consultant services are 
provided.
(10m) XInvoluntary administration of psychotropic medica-
tionY means any of the following:
(a) Placing psychotropic medication in an individual[s food or 
drink with knowledge that the individual protests receipt of the 
psychotropic medication.
(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.
(11) XLicensed practical nurseY means a person licensed as a 
licensed practical nurse under ch. 441, Stats.
(12) XLimited nursing careY means simple nursing care pro-
cedures required by residents with long-term illnesses or disabili-
ties in order to maintain stability and which can be provided 
safely only by or under the supervision of a person no less skilled 
than a licensed practical nurse who works under the direction of 
a registered nurse. Supervision of the physical, emotional, social 
and rehabilitative needs of the resident is the responsibility of the 
appropriate health care provider serving under the direction of a 
physician.
(13m) XNeglectY has the meaning specified under s. DHS 
13.03 (14).
(16) XNurseY means a registered nurse or licensed practical 
nurse.
(17) XNurse practitioner Y means a registered professional 
nurse who meets the requirements of s. DHS 105.20 (1).
(18) XNursing assistant Y means a person who is employed 
primarily to provide direct care services to residents but is not 
registered or licensed under ch. 441, Stats.
(20) XPharmacistY means a person registered as a pharmacist 
under ch. 450, Stats.
(21) XPhysical therapistY means a person licensed to practice 
physical therapy under ch. 448, Stats.
(22) XPhysicianY means a person licensed to practice 
medicine or osteopathy under ch. 448, Stats.
(23) XPhysician extenderY means a person who is a physi-
cian[s assistant or a nurse practitioner acting under the general su-
pervision and direction of a physician.
(24) XPhysician[s assistant Y means a person certified under 
ch. 448, Stats., to perform as a physician[s assistant.
(25) XPractitionerY means a physician, dentist, podiatrist or 
other person permitted by Wisconsin law to distribute, dispense 
and administer a controlled substance in the course of profes-
sional practice.
(25g) XProtestY means make more than one discernible nega-
tive response, other than mere silence, to the offer of, recommen-
dation for, or other proffering of voluntary receipt of psy-
chotropic medication. XProtestY does not mean a discernible neg-
ative response to a proposed method of administration of the psy-
chotropic medication.
(25r) XPsychotropic medicationY means a prescription drug, 
as defined in s. 450.01 (20), Stats., that is used to treat or manage 
a psychiatric symptom or challenging behavior.
(26) XRecuperative careY means care anticipated to be pro-
vided for a period of 90 days or less for a resident whose physi-
cian has certified that he or she is convalescing or recuperating 
from an illness or a medical treatment.
(27) XRegistered nurseY means a person who holds a certifi-
cate of registration as a registered nurse under ch. 441, Stats.
(28) XResidentY means a person cared for or treated in any fa-
cility on a 24-hour basis irrespective of how the person has been 
admitted to the facility.
(29) XRespite careY means care anticipated to be provided for 
a period of 28 days or less for the purpose of temporarily reliev-
ing a family member or other caregiver from his or her daily care-
giving duties.
(30) XShort-term care Y means recuperative care or respite 
care.
(31) XSkilled nursing facilityY means a nursing home which 
is licensed by the department to provide skilled nursing services.
(32) (a) XSkilled nursing servicesY means those services fur-
nished pursuant to a physician[s orders which:
1. Require the skills of professional personnel such as regis-
tered or licensed practical nurses; and
2. Are provided either directly by or under the supervision of 
these personnel.
(b) In determining whether a service is skilled, the following 
criteria shall be used:
1. The service would constitute a skilled service where the 
inherent complexity of a service prescribed for a resident is such 
that it can be safely and effectively performed only by or under 
the supervision of professional personnel;
2. The restoration potential of a resident is not the deciding 
factor in determining whether a service is to be considered skilled 
or unskilled. Even where full recovery or medical improvement 
is not possible, skilled care may be needed to prevent, to the ex-
tent possible, deterioration of the condition or to sustain current 
capacities; and
3. A service that is generally unskilled would be considered 
skilled where, because of special medical complications, its per-
formance or supervision or the observation of the resident neces-
sitates the use of skilled nursing personnel.
(34) XSupervisionY means at least intermittent face-to-face 
contact between supervisor and assistant, with the supervisor in-
structing and overseeing the assistant, but does not require the 
continuous presence of the supervisor in the same building as the 
assistant.
(35) XTour of dutyY means a portion of the day during which 
a shift of resident care personnel are on duty.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
3 DEPARTMENT OF HEALTH SERVICES DHS 132.14
(36) XUnit dose drug delivery systemY means a system for the 
distribution of medications in which single doses of medications 
are individually packaged and sealed for distribution to residents.
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; emerg. renum. (3) to (24) 
to be (4) to (25), cr. (3), eff. 9-15-86; r. and recr. Register, January, 1987, No. 373, 
eff. 2-1-87; emerg. cr. (8m), eff. 7-1-88; am. (4), Register, February, 1989, No. 398, 
eff. 3-1-89; cr. (8m), Register, October, 1989, No. 406, eff. 11-1-89; correction made 
to (17) under s. 13.93 (2m) (b) 7., Stats., Register December 2003 No. 576; CR 04-
053: r. and recr. (1), cr. (1m), (2m), (8r) and (13m), am. (2) and (5) Register October 
2004 No. 586, eff. 11-1-04; CR 06-053: r. (2), (6), (13), (14), (15), (19) and (33), 
Register August 2007 No. 620, eff. 9-1-07; CR 07-042: cr. (10m), (25g) and (25r) 
Register October 2007 No. 622, eff. 11-1-07; corrections in (1), (3), (13m) and (17) 
made under s. 13.92 (4) (b) 6. and 7., Stats., Register January 2009 No. 637; 2019 
Wis. Act 1: am. (4) (intro.) Register May 2019 No. 761, eff. 6-1-19; CR 23-046: am. 
(4) (intro.) Register April 2024 No. 820, eff. 5-1-24.
DHS 132.14 Licensure. (1) CATEGORIES. Nursing 
homes shall elect one of the following categories of licensure:
(a) Skilled nursing facility; or
(b) Intermediate care facility.
(1m) LICENSURE AS AN INSTITUTION FOR MENTAL DISEASES. 
(a) Requirements. The department may grant a facility a license 
to operate as an institution for mental diseases if the following 
conditions are met:
1. The conversion of all or some of the beds within the facil-
ity will result in a physically identifiable unit of the facility, 
which may be a ward, contiguous wards, a wing, a floor or a 
building, and which is separately staffed;
2. The IMD shall have a minimum of 16 beds;
3. The conversion of beds to or from an IMD shall not in-
crease the total number of beds within the facility; and
4. The facility has submitted an application under subs. (2) 
and (3) to convert all or a portion of its beds to an IMD and the 
department has determined that the facility is in substantial com-
pliance with this chapter. A facility may not submit an applica-
tion for conversion of beds to or from an IMD more than 2 times 
a year.
(b) Exclusion. An existing facility applying to be licensed in 
whole or part as an IMD is not subject to prior review under ch. 
150, Stats.
(2) APPLICATION. Application for a license shall be made on 
a form provided by the department.
Note: To obtain a copy of the application form for a license to operate a nursing 
home, write: Division of Quality Assurance, P.O. Box 2969, Madison, Wisconsin 
53701-2969.
(3) REQUIREMENTS FOR LICENSURE. (a) In every application 
the license applicant shall provide the following information:
1. The identities of all persons or business entities having the 
authority, directly or indirectly, to direct or cause the direction of 
the management or policies of the facility;
2. The identities of all persons or business entities having 
any ownership interest whatsoever in the facility, whether direct 
or indirect, and whether the interest is in the profits, land or 
building, including owners of any business entity which owns any 
part of the land or building;
3. The identities of all creditors holding a security interest in 
the premises, whether land or building; and
4. In the case of a change of ownership, disclosure of any re-
lationship or connection between the old licensee and the new li-
censee, and between any owner or operator of the old licensee 
and the owner or operator of the new licensee, whether direct or 
indirect.
5. Disclosure of any financial failures directly or indirectly 
involving any person or business entity identified in the applica-
tion concerning the operation of a residential or health care facil-
ity that resulted in any debt consolidation or restructuring, insol-
vency proceeding or mortgage foreclosure, or in the closing of a 
residential or health care facility or the moving of its residents. In 
this subdivision XinsolvencyY means bankruptcies, receiverships, 
assignments for the benefit of creditors, and similar court-super-
vised proceedings.
(b) The applicant shall provide any additional information re-
quested by the department during its review of the license 
application.
(bm) The applicant shall provide information to demonstrate 
that any person having the authority to directly manage the opera-
tion of the facility has the education, training or experience to op-
erate and manage a health care facility to provide for the health, 
safety, and welfare of its residents in substantial compliance with 
state and federal requirements.
(c) The applicant shall submit evidence to establish that he or 
she has sufficient resources to permit operation of the facility for 
a period of 6 months.
(d) No license may be issued unless and until the applicant 
has supplied all information requested by the department.
(4) REVIEW OF APPLICATION. (a) Investigation. After receiv-
ing a complete application, the department shall investigate the 
applicant to determine if the applicant is fit and qualified to be a 
licensee and to determine if the applicant is able to comply with 
this chapter.
(b) Fit and qualified. In making its determination of the ap-
plicant[s fitness, the department shall review the information 
contained in the application and shall review any other docu-
ments that appear to be relevant in making that determination, in-
cluding survey and complaint investigation findings for each fa-
cility with which the applicant is affiliated or was affiliated dur-
ing the past 5 years. The department shall consider at least the 
following:
1. Any class A or class B violation, as defined under s. 50.04, 
Stats., issued by the department relating to the applicant[s opera-
tion of a residential or health care facility in Wisconsin;
2. Any adverse action against the applicant or any person or 
business entity named in the application by the licensing agency 
of this state or any other state relating to the applicant [s or any 
person or business entity named in the application[s operation of 
a residential or health care facility. In this subdivision, Xadverse 
actionY means an action initiated by a state licensing agency 
which resulted in a conditional license, the placement of a moni-
tor or the appointment of a receiver, or the denial, suspension or 
revocation of the license of a residential or health care facility op-
erated by the applicant or any person or business entity named in 
the application;
3. Any adverse action against the applicant or any person or 
business entity named in the application based upon noncompli-
ance with federal statutes or regulations in the applicant[s or any 
person or business entity named in the application[s operation of 
a residential or health care facility in this or any other state. In 
this subdivision, Xadverse actionY means an action by a state or 
federal agency which resulted in the imposition of Category 3 
remedies pursuant to 42 CFR sec. 488.408 (e), placement of a 
state monitor or the appointment of a receiver, transfer of resi-
dents, or the denial, non-renewal, cancellation or termination of 
certification of a residential or health care facility operated by the 
applicant;
4. The frequency of noncompliance with state licensure and 
federal certification laws in the applicant[s operation of a residen-
tial or health care facility in this or any other state;
5. Any denial, suspension, enjoining or revocation of a li-
cense the applicant had as a health care provider as defined in s. 
146.81 (1), Stats., or any conviction of the applicant for providing 
health care without a license;
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 132.14 WISCONSIN ADMINISTRATIVE CODE 4
6. Any conviction of the applicant for a crime involving ne-
glect or abuse of patients or of the elderly or involving assaultive 
behavior or wanton disregard for the health or safety of others;
7. Any conviction of the applicant for a crime related to the 
delivery of health care services or items;
8. Any conviction of the applicant for a crime involving con-
trolled substances;
9. Any knowing or intentional failure or refusal by the appli-
cant to disclose required ownership information; and
10. Any prior financial failures of the applicant and any per-
son and related business entity identified in the application con-
cerning the operation of a residential or health care facility that 
resulted in any debt consolidation or restructuring, insolvency 
proceeding or mortgage foreclosure or in the closing of residen-
tial or health care facility or the moving of its residents. XInsol-
vencyY has the meaning provided in s. DHS 132.14 (3) (a) 5.
(5) ACTION BY THE DEPARTMENT. Within 60 days after re-
ceiving a complete application for a license, the department shall 
either approve the application and issue a license or deny the ap-
plication. The department shall deny a license to any applicant 
who has a history, determined under sub. (4) (b) 1. to 4., of sub-
stantial noncompliance with federal or this state [s or any state [s 
nursing home requirements, or who fails under sub. (4) (b) 5. to 
10., to qualify for a license. If the application for a license is de-
nied, the department shall give the applicant reasons, in writing, 
for the denial and shall identify the process for appealing the 
denial.
(6) TYPES OF LICENSE. (a) Probationary license. If the ap-
plicant has not been previously licensed under this chapter or if 
the facility is not in operation at the time application is made, the 
department shall issue a probationary license. A probationary li-
cense shall be valid for 12 months from the date of issuance un-
less sooner suspended or revoked under s. 50.03 (5), Stats. If the 
applicant is found to be fit and qualified under sub. (4) and in 
substantial compliance with this chapter, the department shall is-
sue a regular license upon expiration of the probationary license. 
The regular license is valid indefinitely unless suspended or 
revoked.
(b) Regular license. If the applicant has been previously li-
censed, the department shall issue a regular license if the appli-
cant is found to be in substantial compliance with this chapter. A 
regular license is valid indefinitely unless suspended or revoked.
(7) SCOPE OF LICENSE. (a) The license is issued only for the 
premises and the persons named in the license application, and 
may not be transferred or assigned by the licensee.
(b) The license shall state any applicable restrictions, includ-
ing maximum bed capacity and the level of care that may be pro-
vided, and any other limitations that the department considers ap-
propriate and necessary taking all facts and circumstances into 
account.
(c) A licensee shall fully comply with all requirements and re-
strictions of the license.
(8) REPORTING. Every 12 months, on a schedule determined 
by the department, a nursing home licensee shall submit a report 
to the department in the form and containing the information that 
the department requires, including payment of the fee required 
under s. 50.135 (2) (a), Stats. If a complete report is not timely 
filed, the department shall issue a warning to the licensee. If a 
nursing home licensee who has not filed a timely report fails to 
submit a complete report to the department within 60 days after 
the date established under the schedule determined by the depart-
ment, the department may revoke the license.
(9) REPORTING INVOLUNTARY ADMINISTRATION OF PSY-
CHOTROPIC MEDICATION. The licensee shall provide, in a format 
approved by the department, information required by the depart-
ment to assess the facility [s compliance with s. 55.14, Stats., re-
lating to involuntary administration of psychotropic medication 
to a resident.
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; cr. (5), Register, Novem-
ber, 1985, No. 359, eff. 12-1-85; r. and recr., Register, January, 1987, No. 373, eff. 2-
1-87; emerg. cr. (1m), eff. 7-1-88; am. (3) (c), renum. (4) to (6) to be (5) to (7) and 
am. (5) and (6) (a), cr. (4), Register, February, 1989, No. 398, eff. 3-1-89; cr. (1m), 
Register, October, 1989, No. 406 , eff. 11-1-89; am. (6), cr. (8), Register, August, 
2000, No. 536, eff. 9-1-00; CR 06-053: cr. (3) (a) 5. and (bm), am. (4) (b) 2., 3. and 
10., Register August 2007 No. 620, eff. 9-1-07; CR 07-042: cr. (9) Register October 
2007 No. 622, eff. 11-1-07.
DHS 132.15 Certification for medical assistance. 
For requirements for certification under the medical assistance 
program, see ch. DHS 105.
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; correction made under s. 
13.92 (4) (b) 7., Stats., Register January 2009 No. 637.
DHS 132.16 Quality assurance and improvement 
projects. (1) FUNDS. Pursuant to ss. 49.499 (2m) and 50.04 
(8), Stats., the department may, from the appropriation under s. 
20.435 (6) (g), Stats., distribute funds for innovative projects de-
signed to protect the property and the health, safety, and welfare 
of residents in a facility and to improve the efficiency and cost ef-
fectiveness of the operation of a facility so as to improve the qual-
ity of life, care, and treatment of its residents.
(2) QUALITY ASSURANCE AND IMPROVEMENT COMMITTEE. 
(a) The department shall establish and maintain a quality assur-
ance and improvement committee to review proposals and award 
funds to facilities for innovative projects approved by the commit-
tee under sub. (3).
(b) 1. Committee members shall be appointed by the secre-
tary for a term of up to 12 months and include, at the secretary [s 
discretion, one or more representatives from the department, the 
board on aging and long term care, disability, aging and long term 
care advocates, facilities, and other persons with an interest or ex-
pertise in quality improvement or delivery of long term care ser-
vices. Facility members shall comprise at least half of the com-
mittee membership.
2. A representative[s term may be extended at the secretary[s 
discretion.
(3) COMMITTEE RESPONSIBILITIES. The quality assurance 
and improvement committee shall do all of the following:
(a) Meet at least annually.
(b) Develop and propose for the secretary [s approval criteria 
for review and approval of projects proposed under this section.
(c) Considering the criteria approved by the secretary under 
par. (b), review proposals submitted by facilities under this sec-
tion and approve submitted proposals, defer a determination 
pending additional information, or deny approval of proposals 
submitted.
(d) Identify areas of need within a facility or corporation, the 
state or regions as projects to be addressed.
(e) Develop opportunities and strategies for general improve-
ment concerning licensed facilities.
(f) Encourage proposals that develop innovative cost-effective 
methods for improving the operation and maintenance of facili-
ties and that protect residents [ rights, health, safety and welfare 
and improve residents[ quality of life.
(g) Disseminate within the department and to facilities and 
other interested individuals and organizations the information 
learned from approved projects.
(h) Prepare an annual report to the secretary.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
5 DEPARTMENT OF HEALTH SERVICES DHS 132.31
(4) A decision under sub. (3) (c) to defer or deny approval of 
or award funds for a proposal may not be appealed.
History: CR 06-053: cr. Register August 2007 No. 620, eff. 9-1-07; CR 13-028: 
am. (1) Register December 2013 No. 696, eff. 1-1-14.
Subchapter II — Enforcement
DHS 132.21 Waivers and variances. (1) DEFINI-
TIONS. As used in this section:
(a) XWaiverY means the grant of an exemption from a require-
ment of this chapter.
(b) XVarianceY means the granting of an alternate requirement 
in place of a requirement of this chapter.
(2) REQUIREMENTS FOR WAIVERS OR VARIANCES. A waiver 
or variance may be granted if the department finds that the waiver 
or variance will not adversely affect the health, safety, or welfare 
of any resident and that:
(a) Strict enforcement of a requirement would result in unrea-
sonable hardship on the facility or on a resident; or
(b) An alternative to a rule, including new concepts, methods, 
procedures, techniques, equipment, personnel qualifications, or 
the conducting of pilot projects, is in the interests of better care or 
management.
(3) PROCEDURES. (a) Applications. 1. All applications for 
waiver or variance from the requirements of this chapter shall be 
made in writing to the department, specifying the following:
a. The rule from which the waiver or variance is requested;
b. The time period for which the waiver or variance is 
requested;
c. If the request is for a variance, the specific alternative ac-
tion which the facility proposes;
d. The reasons for the request; and
e. Justification that sub. (2) would be satisfied.
2. Requests for a waiver or variance may be made at any 
time.
3. The department may require additional information from 
the facility prior to acting on the request.
(b) Grants and denials. 1. The department shall grant or 
deny each request for waiver or variance in writing. Notice of de-
nials shall contain the reasons for denial. If a notice of denial is 
not issued within 60 days after the receipt of a complete request, 
the waiver or variance shall be automatically approved.
2. The terms of a requested variance may be modified upon 
agreement between the department and a facility.
3. The department may impose such conditions on the grant-
ing of a waiver or variance which it deems necessary.
4. The department may limit the duration of any waiver or 
variance.
(c) Hearings. 1. Denials of waivers or variances may be con-
tested by requesting a hearing as provided by ch. 227, Stats.
2. The licensee shall sustain the burden of proving that the 
denial of a waiver or variance was unreasonable.
(d) Revocation. The department may revoke a waiver or vari-
ance if:
1. It is determined that the waiver or variance is adversely af-
fecting the health, safety or welfare of the residents; or
2. The facility has failed to comply with the variance as 
granted; or
3. The licensee notifies the department in writing that it 
wishes to relinquish the waiver or variance and be subject to the 
rule previously waived or varied; or
4. Required by a change in law.
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; am. (3) (a) 1. d., Register, 
January, 1987, No. 373, eff. 2-1-87.
Subchapter III — Residents[ Rights and Protections
DHS 132.31 Rights of residents. (1) RESIDENTS[ 
RIGHTS. Every resident shall have the right to all of the following:
(d) Admission information. Be fully informed in writing, 
prior to or at the time of admission, of all services and the charges 
for these services, and be informed in writing, during the resi-
dent[s stay, of any changes in services available or in charges for 
services, as follows:
1. No person may be admitted to a facility without that per-
son or that person[s guardian or any other responsible person des-
ignated in writing by the resident signing an acknowledgement of 
having received a statement of information before or on the day of 
admission which contains at least the following information or, in 
the case of a person to be admitted for short-term care, the infor-
mation required under s. DHS 132.70 (3):
a. An accurate description of the basic services provided by 
the facility, the rate charged for those services, and the method of 
payment for them;
b. Information about all additional services regularly offered 
but not included in the basic services. The facility shall provide 
information on where a statement of the fees charged for each of 
these services can be obtained. These additional services include 
pharmacy, x-ray, beautician and all other additional services reg-
ularly offered to residents or arranged for residents by the facility;
c. The method for notifying residents of a change in rates or 
fees;
d. Terms for refunding advance payments in case of transfer, 
death or voluntary or involuntary discharge;
e. Terms of holding and charging for a bed during a resident[s 
temporary absence;
f. Conditions for involuntary discharge or transfer, including 
transfers within the facility;
g. Information about the availability of storage space for per-
sonal effects; and
h. A summary of residents [ rights recognized and protected 
by this section and all facility policies and regulations governing 
resident conduct and responsibilities.
2. No statement of admission information may be in conflict 
with any part of this chapter.
(p) Nondiscriminatory treatment. Be free from discrimina-
tion based on the source from which the facility[s charges for the 
resident[s care are paid, as follows:
1. No facility may assign a resident to a particular wing or 
other distinct area of the facility, whether for sleeping, dining or 
any other purpose, on the basis of the source or amount of pay-
ment, except that a facility only part of which is certified for 
Medicare reimbursement under 42 USC 1395 is not prohibited 
from assigning a resident to the certified part of the facility be-
cause the source of payment for the resident[s care is Medicare.
2. Facilities shall offer and provide an identical package of 
basic services meeting the requirements of this chapter to all indi-
viduals regardless of the sources of a resident [s payment or 
amount of payment. Facilities may offer enhancements of basic 
services, or enhancements of individual components of basic ser-
vices, provided that these enhanced services are made available 
at an identical cost to all residents regardless of the source of a 
resident[s payment. A facility which elects to offer enhance-
ments to basic services to its residents must provide all residents 
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 132.31 WISCONSIN ADMINISTRATIVE CODE 6
with a detailed explanation of enhanced services and the addi-
tional charges for these services pursuant to par. (d) 1. b.
3. If a facility offers at extra charge additional services which 
are not covered by the medical assistance program under ss. 
49.43 to 49.497, Stats., and chs. DHS 101 to 108, it shall provide 
them to any resident willing and able to pay for them, regardless 
of the source from which the resident pays the facility[s charges.
4. No facility may require, offer or provide an identification 
tag for a resident or any other item which discloses the source 
from which the facility[s charges for that resident[s care are paid.
(4) NOTIFICATION. (a) Serving notice. Facility staff shall 
verbally explain to each new resident and to that person [s 
guardian, if any, prior to or at the time of the person[s admission 
to the facility, these rights and the facility [s policies and regula-
tions governing resident conduct and responsibilities.
(b) Amendments. All amendments to the rights provided un-
der this section and all amendments to the facility regulations and 
policies governing resident conduct and responsibilities require 
notification of each resident or guardian, if any, or any other re-
sponsible person designated in writing by the resident, at the time 
the amendment is put into effect. The facility shall provide the 
resident or guardian, if any, or any other responsible person des-
ignated in writing by the resident and each member of the facil-
ity[s staff with a copy of all amendments.
(6) COMPLAINTS. Any person may file a complaint with a li-
censee or the department regarding the operation of a facility. 
Complaints may be made orally or in writing.
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; r. and recr. (1) (c), (d), (j), 
(m), (2) to (4), renum. (5) to (6), cr. (1) (p) and (5), Register, January, 1987, No. 373, 
eff. 2-1-87; am. (1) (d) 1. intro., (k) and (4) (b), Register, February, 1989, No. 398, 
eff. 3-1-89; am. (6) (e), Register, August, 2000, No. 536, eff. 9-1-00; CR 04-053: 
am. (1) (k) Register October 2004 No. 586, eff. 11-1-04; correction in (2) made un-
der s. 13.93 (2m) (b) 7., Stats., Register August 2007, No. 620; CR 06-053: renum. 
(6) (a) to be (6), r. (1) (a) to (c), (e) to (o), (2), (3), (4) (c), (5) and (6) (b) to (e), am. 
(1) (intro.) and (4) (a), Register August 2007 No. 620, eff. 9-1-07; correction in (1) 
(p) 3. made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.
DHS 132.33 Housing residents in locked units. (1) 
DEFINITIONS. As used in this section:
(a) XLocked unitY means a ward, wing or room which is desig-
nated as a protective environment and is secured in a manner that 
prevents a resident from leaving the unit at will. A physical re-
straint applied to the body is not a locked unit. A facility locked 
for purposes of security is not a locked unit, provided that resi-
dents may exit at will.
(b) XConsentY means a written, signed request given without 
duress by a resident capable of understanding the nature of the 
locked unit, the circumstances of one[s condition, and the mean-
ing of the consent to be given.
(2) RESTRICTION. Except as otherwise provided by this sec-
tion, no resident may be housed in a locked unit. Physical or 
chemical restraints or repeated use of emergency restraint under 
sub. (5) may not be used to circumvent this restriction. Placement 
in a locked unit shall be based on the determination that this 
placement is the least restrictive environment consistent with the 
needs of the person.
Note: For requirements relating to the use of physical and chemical restraints, in-
cluding locked rooms, see s. DHS 132.60 (6).
(3) PLACEMENT. (a) A resident may be housed in a locked 
unit under any one of the following conditions:
1. The resident consents under sub. (4) to being housed on a 
locked unit;
2. The court that protectively placed the resident under s. 
55.15, Stats., made a specific finding of the need for a locked 
unit;
3. The resident has been transferred to a locked unit pursuant 
to s. 55.15, Stats., and the medical record contains documentation 
of the notice provided to the guardian, the court and the agency 
designated under s. 55.02, Stats.; or
4. In an emergency governed by sub. (5).
(b) A facility may transfer a resident from a locked unit to an 
unlocked unit without court approval pursuant to s. 55.15, Stats., 
if it determines that the needs of the resident can be met on an un-
locked unit. Notice of the transfer shall be provided as required 
under s. 55.15, Stats., and shall be documented in the resident [s 
medical record.
(4) CONSENT. (a) A resident may give consent to reside in a 
locked unit.
(b) The consent of par. (a) shall be effective only for 90 days 
from the date of the consent, unless revoked pursuant to par. (c). 
Consent may be renewed for 90-day periods pursuant to this 
subsection.
(c) The consent of par. (a) may be revoked by the resident at 
any time. The resident shall be transferred to an unlocked unit 
promptly following revocation.
(5) EMERGENCIES. In an emergency, a resident may be con-
fined in a locked unit if necessary to protect the resident or others 
from injury or to protect property, provided the facility immedi-
ately attempts to notify the physician for instructions. A physi-
cian[s order for the confinement must be obtained within 12 
hours. No resident may be confined for more than an additional 
72 hours under order of the physician.
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; am. (1) (a) and (2), r. and 
recr. (3), Register, January, 1987, No. 373, eff. 2-1-87; corrections in (3) (a) 2., 3. 
and (b) made under s. 13.93 (2m) (b) 7., Stats., Register October 2007 No. 622.
Subchapter IV — Management
DHS 132.41 Administrator. (1) STATUTORY REFER-
ENCE. Section 50.04 (2), Stats., requires that a nursing home be 
supervised by an administrator licensed under ch. 456, Stats. Su-
pervision shall include, but not be limited to, taking all reason-
able steps to provide qualified personnel to assure the health, 
safety, and rights of the residents.
(2) FULL-TIME ADMINISTRATOR. Every nursing home shall 
be supervised full-time by an administrator licensed under ch. 
456, Stats., except:
(a) Multiple facilities. If more than one nursing home or other 
licensed health care facility is located on the same or contiguous 
property, one full-time administrator may serve all the facilities;
(b) Small homes. A facility licensed for 50 beds or less shall 
employ an administrator for at least 4 hours per day on each of 5 
days per week. No such administrator shall be employed in more 
than 2 nursing homes or other health care facilities.
(4) CHANGE OF ADMINISTRATOR. (a) Termination of admin-
istrator. Except as provided in par. (b), no administrator shall be 
terminated unless recruitment procedures are begun immediately.
(b) Replacement of administrator. If it is necessary immedi-
ately to terminate an administrator, or if the licensee loses an ad-
ministrator for other reasons, a replacement shall be employed or 
designated as soon as possible within 120 days of the vacancy.
(c) Temporary replacement. During any vacancy in the posi-
tion of administrator, the licensee shall employ or designate a per-
son competent to fulfill the functions of an administrator.
(d) Notice of change of administrator. When the licensee 
loses an administrator, the licensee shall notify the department 
within 2 working days of loss and provide written notification to 
the department of the name and qualifications of the person in 
charge of the facility during the vacancy and the name and quali-
fications of the replacement administrator, when known.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
7 DEPARTMENT OF HEALTH SERVICES DHS 132.45
Note: See s. 50.04 (2), Stats.
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; CR 06-053: r. (3) Register 
August 2007 No. 620, eff. 9-1-07.
DHS 132.42 Employees. (1) DEFINITION. In this sec-
tion, XemployeeY means anyone directly employed by the facility 
on other than a consulting or contractual basis.
(3) PHYSICAL HEALTH CERTIFICATIONS. (a) New employees. 
Every employee shall be certified in writing by a physician, 
physician assistant or an advanced practice nurse prescriber as 
having been screened for the presence of clinically apparent com-
municable disease that could be transmitted to residents during 
the normal performance of the employee[s duties. This certifica-
tion shall include screening for tuberculosis within 90 days prior 
to employment.
(b) Continuing employees. Employees shall be rescreened for 
clinically apparent communicable disease as described in par. (a) 
based on the likelihood of exposure to a communicable disease, 
including tuberculosis. Exposure to a communicable disease 
may be in the facility, in the community or as a result of travel or 
other exposure.
(c) Non-employees. Persons who reside in the facility but are 
not residents or employees, such as relatives of the facility[s own-
ers shall be certified in writing as required in pars. (a) and (b).
(4) DISEASE SURVEILLANCE AND CONTROL. When an em-
ployee or prospective employee has a communicable disease that 
may result in the transmission of the communicable disease, he 
or she may not perform employment duties in the facility until the 
facility makes safe accommodations to prevent the transmission 
of the communicable disease.
Note: The Americans with Disabilities Act and Rehabilitation Act of 1973 pro-
hibits the termination or non-hiring of an employee based solely on an employee 
having an infectious disease, illness or condition.
(5) VOLUNTEERS. Facilities may use volunteers provided that 
the volunteers receive the orientation and supervision necessary 
to assure resident health, safety, and welfare.
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; am. (3) (a) and (4), Regis-
ter, January, 1987, No. 373, eff. 2-1-87; CR 03-033: am. (3) (a), r. and recr. (4) Reg-
ister December 2003 No. 576, eff. 1-1-04; CR 04-053: am. (3) and (4) Register Oc-
tober 2004 No. 586, eff. 11-1-04; CR 06-053: r. (2) Register August 2007 No. 620, 
eff. 9-1-07.
DHS 132.44 Employee development. (1) NEW EM-
PLOYEES. (a) Orientation for all employees. Except in an emer-
gency, before performing any duties, each new employee, includ-
ing temporary help, shall receive appropriate orientation to the 
facility and its policies, including, but not limited to, policies re-
lating to fire prevention, accident prevention, and emergency pro-
cedures. All employees shall be oriented to residents[ rights un-
der s. DHS 132.31 and to their position and duties by the time 
they have worked 30 days.
(b) Assignments. employees shall be assigned only to resident 
care duties consistent with their training.
(2) CONTINUING EDUCATION. (a) Nursing inservice. The fa-
cility shall require employees who provide direct care to residents 
to attend educational programs designed to develop and improve 
the skill and knowledge of the employees with respect to the 
needs of the facility [s residents, including rehabilitative therapy, 
oral health care, and special programming for developmentally 
disabled residents if the facility admits developmentally disabled 
persons. These programs shall be conducted as often as is neces-
sary to enable staff to acquire the skills and techniques necessary 
to implement the individual program plans for each resident un-
der their care.
(b) Dietary inservice. Educational programs shall be held pe-
riodically for dietary staff, and shall include instruction in the 
proper handling of food, personal hygiene and grooming, and nu-
trition and modified diet patterns served by the facility.
Note: For recordkeeping requirements for all orientation and inservice programs, 
see s. DHS 132.45 (6) (f).
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; r. and recr. (2) (a) and am. 
(4), Register, January, 1987, No. 373, eff. 2-1-87; CR 04-053: renum. (1) (c) to be 
(1) (b) Register October 2004 No. 586, eff. 11-1-04; CR 06-053: r. (3) Register Au-
gust 2007 No. 620, eff. 9-1-07.
DHS 132.45 Records. (1) GENERAL. The administrator 
or administrator[s designee shall provide the department with any 
information required to document compliance with ch. DHS 132 
and ch. 50, Stats., and shall provide reasonable means for exam-
ining records and gathering the information.
(2) PERSONNEL RECORDS. A separate record of each em-
ployee shall be maintained, be kept current, and contain suffi-
cient information to support assignment to the employee[s current 
position and duties.
(3) MEDICAL RECORDS — STAFF. Duties relating to medical 
records shall be completed in a timely manner.
(4) MEDICAL RECORDS — GENERAL. (c) Unit record. A unit 
record shall be maintained for each resident and day care client.
(f) Retention and destruction. 1. An original medical record 
and legible copy or copies of court orders or other documents, if 
any, authorizing another person to speak or act on behalf of this 
resident shall be retained for a period of at least 5 years following 
a resident[s discharge or death when there is no requirement in 
state law. All other records required by this chapter shall be re-
tained for a period of at least 2 years.
2. A facility shall arrange for the storage and safekeeping of 
records for the periods and under the conditions required by this 
paragraph in the event the facility closes.
3. If the ownership of a facility changes, the medical records 
and indexes shall remain with the facility.
(g) Records documentation. 1. All entries in medical records 
shall be accurate, legible, permanently recorded, dated, and au-
thenticated with the name and title of the person making the 
entry.
2. A rubber stamp reproduction or electronic representation 
of a person[s signature may be used instead of a handwritten sig-
nature, if:
a. The stamp or electronic representation is used only by the 
person who makes the entry; and
b. The facility possesses a statement signed by the person, 
certifying that only that person shall possess and use the stamp or 
electronic representation.
3. Symbols and abbreviations may be used in medical 
records if approved by a written facility policy which defines the 
symbols and abbreviations and which controls their use.
(5) MEDICAL RECORDS — CONTENT. Except for persons ad-
mitted for short-term care, to whom s. DHS 132.70 (7) applies, 
each resident[s medical record shall contain:
(a) Identification and summary sheet.
(b) Physician[s documentation. 1. An admission medical 
evaluation by a physician or physician extender, including:
a. A summary of prior treatment;
b. Current medical findings;
c. Diagnoses at the time of admission to the facility;
d. The resident[s rehabilitation potential;
e. The results of the physical examination required by s. DHS 
132.52 (3); and
f. Level of care;
2. All physician[s orders including, when applicable, orders 
concerning:
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 132.45 WISCONSIN ADMINISTRATIVE CODE 8
a. Admission to the facility as required by s. DHS 132.52 (2) 
(a);
b. Medications and treatments as specified by s. DHS 132.60 
(5);
c. Diets as required by s. DHS 132.63 (4);
d. Rehabilitative services as required by s. DHS 132.64 (2);
e. Limitations on activities;
f. Restraint orders as required by s. DHS 132.60 (6); and
g. Discharge or transfer as required by s. DHS 132.53;
3. Physician progress notes following each visit.
4. Annual physical examination, if required; and
5. Alternate visit schedule, and justification for such alter-
nate visits.
(c) Nursing service documentation. 1. A history and assess-
ment of the resident [s nursing needs as required by s. DHS 
132.52;
2. Initial care plan as required by s. DHS 132.52 (4), and the 
care plan required by s. DHS 132.60 (8);
3. Nursing notes are required as follows:
a. For residents requiring skilled care, a narrative nursing 
note shall be required as often as needed to document the resi-
dent[s condition, but at least weekly; and
b. For residents not requiring skilled care, a narrative nursing 
note shall be required as often as needed to document the resi-
dent[s condition, but at least every other week;
4. In addition to subds. 1., 2., and 3., nursing documentation 
describing:
a. The general physical and mental condition of the resident, 
including any unusual symptoms or actions;
b. All incidents or accidents including time, place, details of 
incident or accident, action taken, and follow-up care;
c. The administration of all medications (see s. DHS 132.60 
(5) (d) ), the need for PRN medications and the resident [s re-
sponse, refusal to take medication, omission of medications, er-
rors in the administration of medications, and drug reactions;
d. Food and fluid intake, when the monitoring of intake is 
necessary;
e. Any unusual occurrences of appetite or refusal or reluc-
tance to accept diets;
f. Summary of restorative nursing measures which are 
provided;
g. Summary of the use of physical and chemical restraints.
h. Other non-routine nursing care given;
i. The condition of a resident upon discharge; and
j. The time of death, the physician called, and the person to 
whom the body was released.
(d) Social service records. Notes regarding pertinent social 
data and action taken.
(e) Activities records. Documentation of activities program-
ming, a summary of attendance, and quarterly progress notes.
(f) Rehabilitative services. 1. An evaluation of the rehabilita-
tive needs of the resident; and
2. Progress notes detailing treatment given, evaluation, and 
progress.
(h) Dental services. Records of all dental services.
(i) Diagnostic services. Records of all diagnostic tests per-
formed during the resident[s stay in the facility.
(j) Plan of care. Plan of care required by s. DHS 132.60 (8).
(k) Authorization or consent. A photocopy of any court order 
or other document authorizing another person to speak or act on 
behalf of the resident and any resident consent form required un-
der this chapter, except that if the authorization or consent form 
exceeds one page in length an accurate summary may be substi-
tuted in the resident record and the complete authorization or 
consent form shall in this case be maintained as required under 
sub. (6) (i). The summary shall include:
1. The name and address of the guardian or other person hav-
ing authority to speak or act on behalf of the resident;
2. The date on which the authorization or consent takes ef-
fect and the date on which it expires;
3. The express legal nature of the authorization or consent 
and any limitations on it; and
4. Any other factors reasonably necessary to clarify the 
scope and extent of the authorization or consent.
(L) Discharge or transfer information. Documents, prepared 
upon a resident[s discharge or transfer from the facility, summa-
rizing, when appropriate:
1. Current medical findings and condition;
2. Final diagnoses;
3. Rehabilitation potential;
4. A summary of the course of treatment;
5. Nursing and dietary information;
6. Ambulation status;
7. Administrative and social information; and
8. Needed continued care and instructions.
(6) OTHER RECORDS. The facility shall retain:
(a) Dietary records. All menus and therapeutic diets;
(b) Staffing records. Records of staff work schedules and 
time worked;
(c) Safety tests. Records of tests of fire detection, alarm, and 
extinguishment equipment;
(d) Resident census. At least a weekly census of all residents, 
indicating numbers of residents requiring each level of care;
(e) Professional consultations. Documentation of profes-
sional consultations by:
1. A dietitian, if required by s. DHS 132.63 (2) (b);
2. A registered nurse, if required by s. DHS 132.62 (2); and
3. Others, as may be used by the facility;
(f) Inservice and orientation programs. Subject matter, in-
structors and attendance records of all inservice and orientation 
programs;
(g) Transfer agreements. Transfer agreements, unless exempt 
under s. DHS 132.53 (4);
(h) Funds and property statement. The statement prepared 
upon a resident [s discharge or transfer from the facility that ac-
counts for all funds and property held by the facility for the 
resident.
(i) Court orders and consent forms. Copies of court orders or 
other documents, if any, authorizing another person to speak or 
act on behalf of the resident.
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; am. (1) (3) (c) (5) (intro.), 
(b) 1. intro. and e., 2. a. and d., 3., (c) 1. and 2., (d) 1., (e), (f) 1. and (g), (6) (g), 
renum. (4) (a) to (e), (5) (e) and (6) (h) to be (4) (c) to (g), (5) (L) and (6) (i) and am. 
(5) (L), cr. (4) (a) and (b), (5) (e) and (6) (h), Register, January, 1987, No. 373, eff. 2-
1-87; CR 04-053: r. and recr. (3) and (5) (d), am. (4) (g) 2. and (5) (e), r. (5) (g) Reg-
ister October 2004 No. 586, eff. 11-1-04; CR 06-053: r. (4) (a), (b) and (d), (e) and 
(f) 1. and 3., am. (4) (f) 2. (g) 1., (5) (b) 3. and 5., (c) 4. g., and (6) (h), renum. (4) (f) 
2., 4. and 5. to be (4) (f) 1., 2. and 3., Register August 2007 No. 620, eff. 9-1-07.
DHS 132.46 Quality assessment and assurance. 
(1) COMMITTEE MAINTENANCE AND COMPOSITION. A facility 
shall maintain a quality assessment and assurance committee for 
the purpose of identifying and addressing quality of care issues. 
The committee shall be comprised of at least all of the following 
individuals:
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
9 DEPARTMENT OF HEALTH SERVICES DHS 132.52
(a) The director of nursing services.
(b) The medical director or a physician designated by the 
facility.
(c) At least 3 other members of the facility[s staff.
(2) COMMITTEE RESPONSIBILITIES. The quality assessment 
and assurance committee shall do all of the following:
(a) Meet at least quarterly to identify quality of care issues 
with respect to which quality assessment and assurance activities 
are necessary.
(b) Identify, develop and implement appropriate plans of ac-
tion to correct identified quality deficiencies.
(3) CONFIDENTIALITY. The department may not require dis-
closure of the records of the quality assessment and assurance 
committee except to determine compliance with the requirements 
of this section. This paragraph does not apply to any record oth-
erwise specified in this chapter or s. 50.04 (3), 50.07 (1) (c) or 
146.82 (2) (a) 5., Stats.
History: CR 04-053: cr. Register October 2004 No. 586, eff. 11-1-04.
Subchapter V — Admissions, Retentions and Removals
DHS 132.51 Limitations on admissions and pro-
grams. (1) LICENSE LIMITATIONS. (a) Bed capacity. No facil-
ity may house more residents than the maximum bed capacity for 
which it is licensed. Persons participating in a day care program 
are not residents for purposes of this chapter.
(b) Care levels. 1. No person who requires care greater than 
that which the facility is licensed to provide may be admitted to 
or retained in the facility.
2. No resident whose condition changes to require care 
greater than that which the facility is licensed to provide shall be 
retained.
(c) Other conditions. The facility shall comply with all other 
conditions of the license.
(2) OTHER LIMITATIONS ON ADMISSIONS. (a) Persons requir-
ing unavailable services. Persons who require services which the 
facility does not provide or make available shall not be admitted 
or retained.
(b) Communicable diseases. 1. ZCommunicable disease man-
agement.[ The nursing home shall have the ability to appropri-
ately manage persons with communicable disease the nursing 
home admits or retains based on currently recognized standards 
of practice.
2. ZReportable 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.
Note: For a copy of ch. DHS 145 which includes a list of the communicable dis-
eases which must be reported, write the Bureau of Public Health, P.O. Box 309, 
Madison, WI 53701 (phone 608-267-9003). There is no charge for a copy of ch. 
DHS 145. The referenced publications,XGuideline for Isolation Precautions in Hos-
pitals and Guideline for Infection Control in Hospital PersonnelY (HHS Publication 
No. (CSC) 83-8314) and XUniversal Precautions for Prevention of . . . Bloodborne 
Pathogens in Health Care SettingsY, may be purchased from the Superintendent of 
Documents, Washington D.C. 20402, and is available for review in the office of the 
Department[s Division of Quality Assurance and the Legislative Reference Bureau.
(c) Abusive or destructive residents. 1. Notwithstanding s. 
DHS 132.13 (1), in this paragraph, XabusiveY describes a resident 
whose behavior involves any single or repeated act of force, vio-
lence, harassment, deprivation or mental pressure which does or 
reasonably could cause physical pain or injury to another resi-
dent, or mental anguish or fear in another resident.
2. Residents who are known to be destructive of property, 
self-destructive, disturbing or abusive to other residents, or suici-
dal, shall not be admitted or retained, unless the facility has and 
uses sufficient resources to appropriately manage and care for 
them.
(d) Developmental disabilities. 1. No person who has a de-
velopmental disability may be admitted to a facility unless the fa-
cility is certified as an intermediate care facility for individuals 
with intellectual disabilities, except that a person who has a de-
velopmental disability and who requires skilled nursing care ser-
vices may be admitted to a skilled nursing facility.
2. Except in an emergency, no person who has a develop-
mental disability may be admitted to a facility unless the county 
department under s. 46.23, 51.42, or 51.437, Stats., of the indi-
vidual[s county of residence has recommended the admission.
(e) Mental illness. Except in an emergency, no person who is 
under age 65 and has a mental illness as defined in s. 51.01 (13), 
Stats., may be admitted to a facility unless the county department 
under s. 46.23, 51.42 or 51.437, Stats., of the individual[s county 
of residence has recommended the admission.
(f) Minors. 1. No person under the age of 18 years may be 
admitted, unless approved for admission by the department.
2. Requests for approval to admit a person under the age of 
18 years shall be made in writing and shall include:
a. A statement from the referring physician stating the medi-
cal, nursing, rehabilitation, and special services required by the 
minor;
b. A statement from the administrator certifying that the re-
quired services can be provided;
c. A statement from the attending physician certifying that 
the physician will be providing medical care; and
d. A statement from the persons or agencies assuming finan-
cial responsibility.
(g) Admissions 7 days a week. No facility may refuse to admit 
new residents solely because of the day of the week.
(3) DAY CARE SERVICES. A facility may provide day care ser-
vices to persons not housed by the facility, provided that:
(a) Day care services do not interfere with the services for 
residents;
(b) Each day care client is served upon the certification by a 
physician or physician[s assistant that the client is free from tu-
berculosis infection; and
(c) Provision is made to enable day care clients to rest. Beds 
need not be provided for this purpose, and beds assigned to resi-
dents may not be provided for this purpose.
Note: For administration of medications to day care clients, see s. DHS 132.60 
(5) (d) 6.; for required records, see s. DHS 132.45 (4) (c).
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; emerg. r. and recr. (2) (d) 
and (3), eff. 9-15-86; r. and recr. (2) (d) am. (1) (b) 1., (2) (e) 1. and 2. intro., (3) (a) 
and (b), (4) (c), Register, January, 1987, No. 373, eff. 2-1-87; am. (2) (b) 2. and 3. 
(d) 2., r. (2) (d) 3. and (3), renum. (2) (e), (f) and (4) to be (2) (f), (g) and (3), cr. (2) 
(e), Register, February, 1989, No. 398, eff. 3-1-89; correction in (2) (b) 3. made un-
der s. 13.93 (2m) (b) 7., Stats., Register, August, 2000, No. 536; CR 03-033: r. and 
recr. (2) (b) 1. Register December 2003 No. 576, eff. 1-1-04: CR 04-053: r. and recr. 
(2) (b) and am. (2) (c) Register October 2004 No. 586, eff. 11-1-04; correction in (2) 
(b) 2. made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637 ; 2019 
Wis. Act 1: am. (2) (d) 1. Register May 2019 No. 761, eff. 6-1-19.
DHS 132.52 Procedures for admission. (2) PHYSI-
CIAN[S ORDERS. No person may be admitted as a resident except 
upon:
(a) Order of a physician;
(b) Receipt of information from a physician, before or on the 
day of admission, about the person [s current medical condition 
and diagnosis, and receipt of a physician[s initial plan of care and 
orders from a physician for immediate care of the resident; and
(c) Receipt of certification in writing from a physician, physi-
cian assistant or advanced practice nurse prescriber that the indi-
vidual has been screened for the presence of clinically apparent 
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 132.52 WISCONSIN ADMINISTRATIVE CODE 10
communicable disease that could be transmitted to other resi-
dents or employees, including screening for tuberculosis within 
90 days prior to admission, or a physician, physician assistant or 
advanced practice nurse prescriber has ordered procedures to 
treat and limit the spread of any communicable diseases the indi-
vidual may be found to have.
(3) MEDICAL EXAMINATION AND EVALUATION. (a) Exami-
nation. Each resident shall have a physical examination by a 
physician or physician extender within 48 hours following admis-
sion unless an examination was performed within 15 days before 
admission.
(b) Evaluation. Within 48 hours after admission the physi-
cian or physician extender shall complete the resident [s medical 
history and physical examination record.
Note: For admission of residents with communicable disease, see s. DHS 132.51 
(2) (b).
(4) INITIAL CARE PLAN. Upon admission, a plan of care for 
nursing services based on an initial assessment shall be prepared 
and implemented, pending development of the plan of care re-
quired by s. DHS 132.60 (8).
Note: For care planning requirements, see s. DHS 132.60 (8).
(7) FAMILY CARE INFORMATION AND REFERRAL. If the secre-
tary of the department has certified that a resource center, as de-
fined in s. DHS 10.13 (42) , is available for the facility under s. 
DHS 10.71, the facility shall provide information to prospective 
residents and refer residents and prospective residents to the ag-
ing and disability resource center as required under s. 50.04 (2g) 
to (2i), Stats., and s. DHS 10.73.
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; renum. (1) to (5) to be (2) 
to (6) and am. (2) and (3), cr. (1), Register, January, 1987, No. 373, eff. 2-1-87; cr. 
(7), Register, October, 2000, No. 538, eff. 11-1-00; CR 03-033: am. (2) (c) Register 
December 2003 No. 576, eff. 1-1-04; CR 04-053: am. (2) (c) and (4) and r. (5) and 
(6) Register October 2004 No. 586, eff. 11-1-04; CR 06-053: r. (1), Register August 
2007 No. 620, eff. 9-1-07; corrections in (7) made under s. 13.92 (4) (b) 7., Stats., 
Register January 2009 No. 637.
DHS 132.53 Transfers and discharges. (1) SCOPE. 
This section shall apply to all resident transfers and discharges, 
except that in the event of conflict with s. 49.45 (6c) (c) and (d), 
49.498 (4) or 50.03 (5m) or (14), Stats., the relevant statutory re-
quirement shall apply.
(2) CONDITIONS. (a) Prohibition and exceptions. No resi-
dent may be discharged or transferred from a facility, except:
1. Upon the request or with the informed consent of the resi-
dent or guardian;
2. For nonpayment of charges, following reasonable oppor-
tunity to pay any deficiency;
3. If the resident requires care other than that which the facil-
ity is licensed to provide;
4. If the resident requires care which the facility does not 
provide and is not required to provide under this chapter;
5. For medical reasons as ordered by a physician;
6. In case of a medical emergency or disaster;
7. If the health, safety or welfare of the resident or other res-
idents is endangered, as documented in the resident [s clinical 
record;
8. If the resident does not need nursing home care;
9. If the short-term care period for which the resident was 
admitted has expired; or
10. As otherwise permitted by law.
(b) Alternate placement. 1. Except for transfers or discharges 
under par. (a) 2. and 6., for nonpayment or in a medical emer-
gency, no resident may be involuntarily transferred or discharged 
unless an alternative placement is arranged for the resident. The 
resident shall be given reasonable advance notice of any planned 
transfer or discharge and an explanation of the need for and alter-
natives to the transfer or discharge except when there is a medical 
emergency. The facility, agency, program or person to which the 
resident is transferred shall have accepted the resident for transfer 
in advance of the transfer, except in a medical emergency.
2. No resident may be involuntarily transferred or discharged 
under par. (a) 2. for nonpayment of charges if the resident meets 
both of the following conditions:
a. He or she is in need of ongoing care and treatment and has 
not been accepted for ongoing care and treatment by another fa-
cility or through community support services; and
b. The funding of the resident[s care in the nursing home un-
der s. 49.45 (6m), Stats., is reduced or terminated because either 
the resident requires a level or type of care which is not provided 
by the nursing home or the nursing home is found to be an institu-
tion for mental diseases as defined under 42 CFR 435.1009.
(3) PROCEDURES. (a) Notice. The facility shall provide a res-
ident, the resident[s physician and, if known, an immediate fam-
ily member or legal counsel, guardian, relative or other responsi-
ble person at least 30 days notice of transfer or discharge under 
sub. (2) (a) 2. to 10., and the reasons for the transfer or discharge, 
unless the continued presence of the resident endangers the 
health, safety or welfare of the resident or other residents. The 
notice shall also contain the name, address and telephone number 
of the board on aging and long-term care. For a resident with de-
velopmental disability or mental illness, the notice shall contain 
the mailing address and telephone number of the protection and 
advocacy agency designated under s. 51.62 (2) (a), Stats.
(b) Planning conference. 1. Unless circumstances posing a 
danger to the health, safety or welfare of a resident require other-
wise, at least 7 days before the planning conference required by 
subd. 2., the resident, guardian, if any, any appropriate county 
agency, and others designated by the resident, including the resi-
dent[s physician, shall be given a notice containing the time and 
place of the conference, a statement informing the resident that 
any persons of the resident [s choice may attend the conference, 
and the procedure for submitting a complaint to the department.
2. Unless the resident is receiving respite care or unless pre-
cluded by circumstances posing a danger to the health, safety, or 
welfare of a resident, prior to any involuntary transfer or dis-
charge under sub. (2) (a) 2. to 10., a planning conference shall be 
held at least 14 days before transfer or discharge with the resident, 
guardian, if any, any appropriate county agency, and others desig-
nated by the resident, including the resident[s physician, to review 
the need for relocation, assess the effect of relocation on the resi-
dent, discuss alternative placements and develop a relocation plan 
which includes at least those activities listed in subd. 3.
3. Transfer and discharge activities shall include:
a. Counseling regarding the impending transfer or discharge;
b. The opportunity for the resident to make at least one visit 
to the potential alternative placement, if any, including a meeting 
with that facility[s admissions staff, unless medically contraindi-
cated or waived by the resident;
c. Assistance in moving the resident and the resident [s be-
longings and funds to the new facility or quarters; and
d. Provisions for needed medications and treatments during 
relocation.
4. A resident who is transferred or discharged at the resi-
dent[s request shall be advised of the assistance required by subd. 
3. and shall be provided with that assistance upon request.
(c) Records. Upon transfer or discharge of a resident, the doc-
uments required by s. DHS 132.45 (5) (L) and (6) (h) shall be pre-
pared and provided to the facility admitting the resident, along 
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
11 DEPARTMENT OF HEALTH SERVICES DHS 132.60
with any other information about the resident needed by the ad-
mitting facility.
(4) TRANSFER AGREEMENTS. (a) Requirement. Each facility 
shall have in effect a transfer agreement with one or more hospi-
tals under which inpatient hospital care or other hospital services 
are available promptly to the facility [s residents when needed. 
Each intermediate care facility shall also have in effect a transfer 
agreement with one or more skilled care facilities.
(b) Transfer of residents. A hospital and a facility shall be 
considered to have a transfer agreement in effect if there is a writ-
ten agreement between them or, when the 2 institutions are under 
common control, if there is a written statement by the person or 
body which controls them, which gives reasonable assurance 
that:
1. Transfer of residents will take place between the hospital 
and the facility ensuring timely admission, whenever such trans-
fer is medically appropriate as determined by the attending physi-
cian; and
2. There shall be interchange of medical and other informa-
tion necessary for the care and treatment of individuals trans-
ferred between the institutions, or for determining whether such 
individuals can be adequately cared for somewhere other than in 
either of the institutions.
(d) Notice requirements. 1. Before a resident of a facility is 
transferred to a hospital or for therapeutic leave, the facility shall 
provide written information to the resident and an immediate 
family member or legal counsel concerning the provisions of the 
approved state medicaid plan about the period of time, if any, dur-
ing which the resident is permitted to return and resume resi-
dence in the nursing facility.
2. At the time of a resident[s transfer to a hospital or for ther-
apeutic leave, the facility shall provide written notice to the resi-
dent and an immediate family member or legal counsel of the du-
ration of the period, if any, specified under subd. 1.
Note: The Xapproved state medicaid planY referred to s. 49.498 (4) (d) 1a, Stats., 
and subd. 1. states that the department shall have a bedhold policy. The bedhold pol-
icy is found in s. DHS 107.09 (4) (j).
(5) BEDHOLD. (a) Bedhold. A resident who is on leave or 
temporarily discharged, as to a hospital for surgery or treatment, 
and has expressed an intention to return to the facility under the 
terms of the admission statement for bedhold, shall not be denied 
readmission unless, at the time readmission is requested, a condi-
tion of sub. (2) (b) has been satisfied.
(b) Limitation. The facility shall hold a resident [s bed under 
par. (a) until the resident returns, until the resident waives his or 
her right to have the bed held, or up to 15 days following the tem-
porary leave or discharge, whichever is earlier.
Note: See s. DHS 107.09 (4) (j) for medical assistance bedhold rules.
(6) APPEALS ON TRANSFERS AND DISCHARGES. (a) Right to 
appeal. 1. A resident may appeal an involuntary transfer or dis-
charge decision.
2. Every facility shall post in a prominent place a notice that 
a resident has a right to appeal a transfer or discharge decision. 
The notice shall explain how to appeal that decision and shall 
contain the address and telephone number of the nearest bureau 
of quality assurance regional office. The notice shall also contain 
the name, address and telephone number of the state board on ag-
ing and long-term care or, if the resident is developmentally dis-
abled or has a mental illness, the mailing address and telephone 
number of the protection and advocacy agency designated under 
s. 51.62 (2) (a), Stats.
3. A copy of the notice of a resident[s right to appeal a trans-
fer or discharge decision shall be placed in each resident[s admis-
sion folder.
4. Every notice of transfer or discharge under sub. (3) (a) to a 
resident, relative, guardian or other responsible party shall in-
clude a notice of the resident[s right to appeal that decision.
(b) Appeal procedures. 1. If a resident wishes to appeal a 
transfer or discharge decision, the resident shall send a letter to 
the nearest regional office of the department [s bureau of quality 
assurance within 7 days after receiving a notice of transfer or dis-
charge from the facility, with a copy to the facility administrator, 
asking for a review of the decision.
2. The resident[s written appeal shall indicate why the trans-
fer or discharge should not take place.
3. Within 5 days after receiving a copy of the resident[s writ-
ten appeal, the facility shall provide written justification to the 
department[s bureau of quality assurance for the transfer or dis-
charge of the resident from the facility.
4. If the resident files a written appeal within 7 days after re-
ceiving notice of transfer or of discharge from the facility, the res-
ident may not be transferred or discharged from the facility until 
the department [s bureau of quality assurance has completed its 
review of the decision and notified both the resident and the facil-
ity of its decision.
5. The department [s bureau of quality assurance shall com-
plete its review of the facility[s decision and notify both the resi-
dent and the facility in writing of its decision within 14 days after 
receiving written justification for the transfer or discharge of the 
resident from the facility.
6. A resident or a facility may appeal the decision of the de-
partment[s bureau of quality assurance in writing to the depart-
ment of administration[s division of hearings and appeals within 
5 days after receipt of the decision.
Note: The mailing address of the Division of Hearings and Appeals is P.O. Box 
7875, Madison, Wisconsin 53707.
7. The appeal procedures in this paragraph do not apply if 
the continued presence of the resident poses a danger to the 
health, safety or welfare of the resident or other residents.
Note: The bureau of quality assurance was renamed the division of quality 
assurance.
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; cr. (2) (b) 8. and 9., am. 
(2) (c), (3) (b) 2. and (c), Register, January, 1987, No. 373, eff. 2-1-87; renum. (2) 
(c) to be (2) (c) 1. and am., cr. (2) (c) 2., Register, February, 1989, No. 398, eff. 3-1-
89; am. (2) (c) 2. b., Register, October, 1989, No. 406, eff. 11-1-89; r. and recr. (1) to 
(3), cr. (4) (d) and (6), Register, June, 1991, No. 426, eff. 7-1-91; CR 06-053: am. (2) 
(b) 1., r. (4) (c), Register August 2007 No. 620, eff. 9-1-07.
DHS 132.54 Transfer within the facility. Prior to any 
transfer of a resident between rooms or beds within a facility, the 
resident or guardian, if any, and any other person designated by 
the resident shall be given reasonable notice and an explanation 
of the reasons for transfer. Transfer of a resident between rooms 
or beds within a facility may be made only for medical reasons or 
for the resident [s welfare or the welfare of other residents or as 
permitted under s. DHS 132.31 (1) (p) 1.
History: Cr. Register, July, 1982, No. 319 , eff. 8-1-82; am. Register, January, 
1987, No. 373, eff. 2-1-87.
Subchapter VI — Services
DHS 132.60 Resident care. (1) INDIVIDUAL CARE. 
Unless it is in conflict with the plan of care, each resident shall re-
ceive care based upon individual needs.
(a) Hygiene. 1. Each resident shall be kept comfortably clean 
and well-groomed.
(b) Decubiti prevention. Nursing personnel shall employ ap-
propriate nursing management techniques to promote the mainte-
nance of skin integrity and to prevent development of decubiti 
(bedsores). These techniques may include periodic position 
change, massage therapy and regular monitoring of skin integrity.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 132.60 WISCONSIN ADMINISTRATIVE CODE 12
(c) Basic nursing care. 2. Nursing personnel shall provide 
care designed to maintain current functioning and to improve the 
resident[s ability to carry out activities of daily living, including 
assistance with maintaining good body alignment and proper po-
sitioning to prevent deformities.
3. Each resident shall be encouraged to be up and out of bed 
as much as possible, unless otherwise ordered by a physician.
4. Any significant changes in the condition of any resident 
shall be reported to the nurse in charge or on call, who shall take 
appropriate action including the notice provided for in sub. (3).
5. The nursing home shall provide appropriate assessment 
and treatment of pain for each resident suspected of or experienc-
ing pain based on accepted standards of practice that includes all 
of the following:
a. An initial assessment of pain intensity that shall include: 
the resident[s self-report of pain, unless the resident is unable to 
communicate; quality and characteristics of the pain, including 
the onset, duration and location of pain; what measures increase 
or decrease the pain; the resident[s pain relief goal; and the effect 
of the pain on the resident[s daily life and functioning.
b. Regular and periodic reassessment of the pain after the 
initial assessment, including quarterly reviews, whenever the res-
ident[s medical condition changes, and at any time pain is sus-
pected, including prompt reassessment when a change in pain is 
self-reported, suspected or observed.
c. The delivery and evaluation of pain treatment interven-
tions to assist the resident to be as free of pain as possible.
d. Consideration and implementation, as appropriate, of 
nonpharmacological interventions to control pain.
(d) Rehabilitative measures. Residents shall be assisted in 
carrying out rehabilitative measures initiated by a rehabilitative 
therapist or ordered by a physician, including assistance with ad-
justing to any disabilities and using any prosthetic devices.
Note: See s. DHS 132.60 (5) (a) 1. for treatments and orders.
(2) NOURISHMENT. (a) Diets. Residents shall be served diets 
as prescribed.
(b) Adaptive devices. Adaptive self-help devices, including 
dentures if available, shall be provided to residents, and residents 
shall be trained in their use to contribute to independence in 
eating.
(d) Food and fluid intake and diet acceptance. A resident [s 
food and fluid intake and acceptance of diet shall be observed, 
and significant deviations from normal eating patterns shall be 
reported to the nurse and either the resident [s physician or dieti-
tian as appropriate.
Note: For other dietary requirements, see s. DHS 132.63.
(3) NOTIFICATION OF CHANGES IN CONDITION OR STATUS OF 
RESIDENT. (a) Changes in condition. A resident [s physician, 
guardian, if any, and any other responsible person designated in 
writing by the resident or guardian to be notified shall be notified 
promptly of any significant accident, injury, or adverse change in 
the resident[s condition.
(b) Changes in status. A resident [s guardian and any other 
person designated in writing by the resident or guardian shall be 
notified promptly of any significant non-medical change in the 
resident[s status, including financial situation, any plan to dis-
charge the resident, or any plan to transfer the resident within the 
facility or to another facility.
Note: For responses to changes in medical condition, see s. DHS 132.60 (1) (c) 
4; for records, see s. DHS 132.45 (5) (c) 4.
(5) TREATMENT AND ORDERS. (a) Orders. 1. ZRestriction.[ 
Medications, treatments and rehabilitative therapies shall be ad-
ministered as ordered by an authorized prescriber subject to the 
resident[s right to refuse them. No medication, treatment or 
changes in medication or treatment may be administered to a res-
ident or a daycare client without an authorized prescriber [s writ-
ten order which shall be filed in the resident[s or daycare client[s 
clinical record.
2. ZOral orders.[ Oral orders shall be immediately written, 
signed and dated by the nurse, pharmacist or therapist on the pre-
scriber[s order sheet, and shall be countersigned by the prescriber 
and filed in the resident [s clinical record within 10 days of the 
order.
(d) Administration of medications. 1. ZPersonnel who may 
administer medications.[ In a nursing home, medication may be 
administered only by a nurse, a practitioner, as defined in s. 
450.01 (17), Stats., or a person who has completed training in a 
drug administration course approved by the department.
2. ZResponsibility for administration. [ Policies and proce-
dures designed to provide safe and accurate acquisition, receipt, 
dispensing and administration of medications shall be developed 
by the facility and shall be followed by personnel assigned to pre-
pare and administer medications and to record their administra-
tion. The same person shall prepare, administer, and immedi-
ately record in the resident[s clinical record the administration of 
medications, except when a single unit dose package distribution 
system is used.
5. ZErrors and reactions.[ Medication errors and suspected or 
apparent drug reactions shall be reported to the nurse in charge or 
on call as soon as discovered and an entry made in the resident[s 
clinical record. The nurse shall take appropriate action.
Note: See s. DHS 132.65, pharmaceutical services, for additional requirements.
(6) PHYSICAL AND CHEMICAL RESTRAINTS. (b) Orders re-
quired. Physical or chemical restraints shall be applied or admin-
istered only on the written order of a physician which shall indi-
cate the resident[s name, the reason for restraint, and the period 
during which the restraint is to be applied.
(e) Type of restraints. Physical restraints shall be of a type 
which can be removed promptly in an emergency, and shall be the 
least restrictive type appropriate to the resident.
(f) Periodic care. Nursing personnel shall check a physically 
restrained resident as necessary, but at least every 2 hours, to see 
that the resident[s personal needs are met and to change the resi-
dent[s position.
(8) RESIDENT CARE PLANNING. (a) Development and content 
of care plans. Except in the case of a person admitted for short-
term care, within 4 weeks following admission a written care plan 
shall be developed, based on the resident [s history and assess-
ments from all appropriate disciplines and the physician[s evalua-
tion and orders, as required by s. DHS 132.52.
Note: For requirements upon admission, see s. DHS 132.52. For requirements 
for short-term care residents, see s. DHS 132.70 (2).
(b) Evaluations and updates. The care of each resident shall 
be reviewed by each of the services involved in the resident[s care 
and the care plan evaluated and updated as needed.
(c) Implementation. The care plans shall be substantially 
followed.
Note: The department encourages and promotes the principles of resident self-
determination and person directed care.
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; r. and recr. (5) (d) 1., Reg-
ister, February, 1983, No. 326, eff. 3-1-83; am. (1) (d), (2) (d), (3) (5) (a) 1. to 3., (6) 
(c) and (8) (a), r. and recr. (1) (b) and (6) (f), Register, January, 1987, No. 373, eff. 2-
1-87; am. (6) (a) 1. Register, February, 1989, No. 398, eff. 3-1-89; cr. (8) (d), Regis-
ter, November, 1990, No. 419, eff. 12-1-90; correction in (5) (d) made under s. 13.93 
(2m) (b) 7., Stats., Register, August, 2000, No. 536; CR 04-053: cr. (1) (c) 5., am. (5) 
(a) 1. and 2., (5) (d) 2., and (6) (b), r. (5) (a) 3. and (c) Register October 2004 No. 
586, eff. 11-1-04; CR 06-053: r. (1) (a) 2. and 3., (c) 1., and (e), (2) (c), (4), (5) (a) 4., 
(b), (d) 3., 4., 6. and (e), (6) (a), (c), (d), (g), (7), and (8) (a) 1., and 2., and (d), am. 
(5) (a) 1., (6) (b), and (8) (a) (intro.), Register August 2007 No. 620, eff. 9-1-07.
DHS 132.61 Medical services. Every skilled care facil-
ity shall retain, pursuant to a written agreement, a physician to 
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
13 DEPARTMENT OF HEALTH SERVICES DHS 132.63
serve as medical director on a part-time or full-time basis as is 
appropriate for the needs of the residents and the facility. Medi-
cal direction and coordination of medical care in the facility shall 
be provided by the medical director.
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; r. and recr. (2) (b), Regis-
ter, January, 1987, No. 373 , eff. 2-1-87; correction in (2) (b) made under s. 13.93 
(2m) (b) 7., Stats., Register, December, 1996, No. 492; CR 06-053: r. (1) (c), (2), 
cons., renum. and am. (1) (a) and (b) to be DHS 132.61, Register August 2007 No. 
620, eff. 9-1-07.
DHS 132.62 Nursing services. (1) DEFINITIONS. 
XNursing personnelY means nurses, nurse aides, nursing assis-
tants, and orderlies.
(2) NURSING ADMINISTRATION. (a) Director of nursing ser-
vices in skilled care and intermediate care facilities. 1. ZStaffing 
requirement.[ Every skilled care facility and every intermediate 
care facility shall employ a full-time director of nursing services 
who may also serve as a charge nurse in accordance with par. (b).
2. ZQualifications.[ The director of nursing services shall be 
a registered nurse.
3. ZDuties.[ The director of nursing services shall be respon-
sible for:
a. Supervising the functions, activities and training of the 
nursing personnel;
b. Developing and maintaining standard nursing practice, 
nursing policy and procedure manuals, and written job descrip-
tions for each level of nursing personnel;
c. Coordinating nursing services with other resident 
services;
d. Designating the charge nurses provided for by this section;
e. Being on call at all times, or designating another registered 
nurse to be on call, when no registered nurse is on duty in the fa-
cility; and
f. Ensuring that the duties of nursing personnel shall be 
clearly defined and assigned to staff members consistent with the 
level of education, preparation, experience, and licensing of each.
(b) Charge nurses in skilled care facilities and intermediate 
care facilities. 1. ZStaffing requirement.[ A skilled nursing facil-
ity shall have at least one charge nurse on duty at all times, and:
a. A facility with fewer than 60 residents in need of skilled 
nursing care shall have at least one registered nurse, who may be 
the director of nursing services, on duty as charge nurse during 
every daytime tour of duty;
b. A facility with 60 to 74 residents in need of skilled nursing 
care shall, in addition to the director of nursing services, have at 
least one registered nurse on duty as charge nurse during every 
daytime tour of duty;
c. A facility with 75 to 99 residents in need of skilled nursing 
care shall have, in addition to the director of nursing services, at 
least one registered nurse on duty as charge nurse during every 
daytime tour of duty. In addition, the facility shall have at least 
one registered nurse on duty as charge nurse every day on at least 
one other non-daytime tour of duty.
d. A facility with 100 or more residents in need of skilled 
nursing care shall have, in addition to the director of nursing ser-
vices, at least one registered nurse on duty as charge nurse at all 
times.
e. An intermediate care facility shall have a charge nurse dur-
ing every daytime tour of duty, who may be the director of 
nursing.
3. ZDuties.[ a. The charge nurse, if a registered nurse, shall 
supervise the nursing care of all assigned residents, and delegate 
the duty to provide for the direct care of specific residents, in-
cluding administration of medications, to nursing personnel 
based upon individual resident needs, the facility [s physical ar-
rangement, and the staff capability.
b. The charge nurse, if a licensed practical nurse, shall man-
age and direct the nursing and other activities of other licensed 
practical nurses and less skilled assistants and shall arrange for 
the provision of direct care to specific residents, including admin-
istration of medications, by nursing personnel based upon indi-
vidual resident needs, the facility[s physical arrangement, and the 
staff capability. A licensed practical nurse who serves as a charge 
nurse shall be under the supervision and direction of a registered 
nurse who is either in the facility or on call.
(3) NURSE STAFFING. In addition to the requirements of sub. 
(2), there shall be adequate nursing service personnel assigned to 
care for the specific needs of each resident on each tour of duty. 
Those personnel shall be briefed on the condition and appropriate 
care of each resident.
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; am. (2) (b) 2. and (c), r. 
(2) (d), Register, January, 1987, No 373, eff. 2-1-87; am. (3) (a), Register, February, 
1989, No. 398, eff. 3-1-89; CR 04-053: am. (2) (a) 1. and r. and recr. (3) (a) Register 
October 2004 No. 586, eff. 11-1-04; CR 06-053: r. (1) (b), (2) (a) 2. b., (b) 2. and (c), 
(3) (a) and (c) to (h), renum. (1) (a) to be (1), cons., renum. and am. (2) (a) 2. (intro.) 
and a. to be (2) (a) 2., cons., renum. and am. (3) (intro.) and (b) to be (3), Register 
August 2007 No. 620, eff. 9-1-07.
DHS 132.63 Dietary service. (1) DIETARY SERVICE. 
The facility shall provide each resident a nourishing, palatable, 
well-balanced diet that meets the daily nutritional and special di-
etary needs of each resident.
(2) STAFF. (a) Dietitian. The nursing home shall employ or 
retain on a consultant basis a dietitian to plan, direct and ensure 
implementation of dietary service functions.
(b) Director of food services. 1. The nursing home shall des-
ignate a person to serve as the director of food services. A quali-
fied director of food services is a person responsible for imple-
mentation of dietary service functions in the nursing home and 
who meets any of the following requirements:
a. Is a dietitian.
b. Has completed at least a course of study in food service 
management approved by the dietary managers association or an 
equivalent program.
c. Holds an associate degree as a dietetic technician from a 
program approved by the American dietetics association.
2. If the director of food services is not a dietitian, the direc-
tor of food services shall consult with a qualified dietitian on a 
frequent and regularly scheduled basis.
Note: For inservice training requirements, see s. DHS 132.44 (2) (b).
(4) MENUS. (a) General. The facility shall make reasonable 
adjustments to accommodate each resident[s preferences, habits, 
customs, appetite, and physical condition.
6. A variety of protein foods, fruits, vegetables, dairy prod-
ucts, breads, and cereals shall be provided.
(b) Therapeutic diets. Therapeutic diets shall be prescribed 
by the attending physician. The attending physician may delegate 
to a licensed or certified dietitian the prescribing of a resident [s 
diet, including a therapeutic diet, to the extent allowed by law. 
Therapeutic diets shall be served consistent with such orders.
(5) MEAL SERVICE. (c) Table service. The facility shall pro-
vide table service in dining rooms for all residents who can and 
want to eat at a table, including residents in wheelchairs.
(g) Drinking water. When a resident is confined to bed, a cov-
ered pitcher of drinking water and a glass shall be provided on a 
bedside stand. The water shall be changed frequently during the 
day, and pitchers and glasses shall be sanitized daily. Single-ser-
vice disposable pitchers and glasses may be used. Common 
drinking utensils shall not be used.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 132.63 WISCONSIN ADMINISTRATIVE CODE 14
(7) SANITATION. All readily perishable food and drink, ex-
cept when being prepared or served, shall be kept in a refrigerator 
which shall have a temperature maintained at or below 40 n F. 
(4nC.).
Note: See ch. DHS 145 for the requirements for reporting incidents of suspected 
disease transmitted by food.
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; am. (2) (a), (4) (a) 3., (5) 
(d) and (f) and (7) (a) 4., Register, January, 1987, No. 373, eff. 2-1-87; r. and recr. (5) 
(c), Register, February, 1989, No. 398, eff. 3-1-89; CR 04-053: am. (1), r. and recr. 
(2), r. (6) (c) and (7) (a) 4. Register October 2004 No. 586, eff. 11-1-04; CR 06-053: 
r. (2) (c), (3) (4) (a) 1. to 3., and 5., (b) 2. and 3., (5) (a), (b), (d) to (f), (6), (7) (a), (b) 
1. and (c), and (8), renum. (4) (a) 4., (b) 1., and (7) (b) 2. to be (4) (a) and (b), (7), 
Register August 2007 No. 620, eff. 9-1-07; 2017 Wis. Act 101: am. (4) (b) Register 
December 2017 No. 744, eff. 1-1-18.
DHS 132.64 Rehabilitative services. (1) PROVISION 
OF SERVICES. Each facility shall either provide or arrange for, un-
der written agreement, specialized rehabilitative services as 
needed by residents to improve and maintain functioning.
(2) SERVICE PLANS AND RESTRICTIONS. (b) Report to physi-
cian. Within 2 weeks of the initiation of rehabilitative treatment, 
a report of the resident[s progress shall be made to the physician.
(c) Review of plan. Rehabilitative services shall be re-evalu-
ated at least quarterly by the physician and therapists, and the 
plan of care updated as necessary.
(3) SPECIALIZED SERVICES — QUALIFICATIONS. (a) Physical 
therapy. Physical therapy shall be given or supervised only by a 
physical therapist.
(b) Speech and hearing therapy. Speech and hearing therapy 
shall be given or supervised only by a therapist who:
1. Meets the standards for a certificate of clinical compe-
tence granted by the American speech and hearing association; or
2. Meets the educational standards, and is in the process of 
acquiring the supervised experience required for the certification 
of subd. 1.
(c) Occupational therapy. Occupational therapy shall be 
given or supervised only by a therapist who meets the standards 
for registration as an occupational therapist of the American oc-
cupational therapy association.
(d) Equipment. Equipment necessary for the provision of 
therapies required by the residents shall be available and used as 
needed.
Note: For record requirement, see s. DHS 132.45.
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; CR 06-053: r. (2) (a), Reg-
ister August 2007 No. 620, eff. 9-1-07.
DHS 132.65 Pharmaceutical services. (1) DEFINI-
TIONS. As used in this section:
(a) XMedicationY has the same meaning as the term XdrugY 
defined in s. 450.06, Stats.
(b) XPrescription medicationY has the same meaning as the 
termXprescription drugY defined in s. 450.07, Stats.
(c) XSchedule II drug Y means any medication listed in s. 
961.16, Stats.
(2) SERVICES. (a) Each facility shall provide for obtaining 
medications for the residents directly from licensed pharmacies.
(b) The facility shall establish, maintain, and implement such 
policies and procedures as are necessary to comply with this sec-
tion and assure that resident needs are met.
(4) EMERGENCY MEDICATION KIT. (a) A facility may have 
one or more emergency medication kits. All emergency medica-
tion kits shall be under the control of a pharmacist.
(b) The emergency kit shall be sealed and stored in a locked 
area.
(5) CONTINGENCY SUPPLY OF MEDICATIONS. (a) Mainte-
nance. A facility may have a contingency supply of medications 
not to exceed 10 units of any medication. Any contingency sup-
ply of medications must be under the control of a pharmacist.
(b) Storage. Contingency drugs shall be stored at a nursing 
unit, except that those medications requiring refrigeration shall be 
stored in a refrigerator.
(c) Single units. Contingency medications shall be stored in 
single unit containers, a unit being a single capsule, tablet, am-
pule, tubex, or suppository.
(d) Committee authorization. The quality assessment and as-
surance committee shall determine which medications and 
strengths of medications are to be stocked in the contingency stor-
age unit and the procedures for use and re-stocking of the 
medications.
(e) Control. Unless controlled by a Xproof-of-useY system, as 
provided by sub. (6) (e), a copy of the pharmacy communication 
order shall be placed in the contingency storage unit when any 
medication is removed.
(6) REQUIREMENTS FOR ALL MEDICATION SYSTEMS. (b) 
Storing and labeling medications. Unless exempted under par. 
(f), all medications shall be handled in accordance with the fol-
lowing provisions:
1. ZStorage.[ Medications shall be stored near nurse [s sta-
tions, in locked cabinets, closets or rooms, conveniently located, 
well lighted, and kept at a temperature of no more than 85n F. (29n 
C.).
2. ZTransfer between containers.[ Medications shall be stored 
in their original containers, and not transferred between contain-
ers, except by a physician or pharmacist.
3. ZControlled substances.[ Separately locked and securely 
fastened boxes or drawers, or permanently affixed compartments, 
within the locked medication area shall be provided for storage of 
schedule II drugs, subject to 21 USC ch. 13, and Wisconsin[s uni-
form controlled substance act, ch. 961, Stats.
4. ZSeparation of medications.[ Medications packaged for in-
dividual residents shall be kept physically separated.
5. ZRefrigeration.[ Medications requiring refrigeration shall 
be kept in a separate covered container and locked, unless the re-
frigeration is available in a locked drug room.
6. ZExternal use of medications. [ Poisons and medications 
for external use only shall be kept in a locked cabinet and separate 
from other medications, except that time-released transdermal 
drug delivery systems, including nitroglycerin ointments, may be 
kept with internal medications.
7. ZAccessibility to drugs.[ Medications shall be accessible 
only to the registered nurse or designee. In facilities where no reg-
istered nurse is required, the medications shall be accessible only 
to the administrator or designee. The key shall be in the posses-
sion of the person who is on duty and assigned to administer the 
medications.
8. ZLabeling medications.[ Prescription medications shall be 
labeled with the expiration date and as required by s. 450.11 (4), 
Stats. Non-prescription medications shall be labeled with the 
name of the medication, directions for use, the expiration date 
and the name of the resident taking the medication.
(c) Destruction of medications. 1. ZTime limit.[ Unless other-
wise ordered by a physician, a resident[s medication not returned 
to the pharmacy for credit shall be destroyed within 72 hours of a 
physician[s order discontinuing its use, the resident [s discharge, 
the resident [s death or passage of its expiration date. No resi-
dent[s medication may be held in the facility for more than 30 
days unless an order is written every 30 days to hold the 
medication.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
15 DEPARTMENT OF HEALTH SERVICES DHS 132.695
2. ZProcedure.[ Records shall be kept of all medication re-
turned for credit. Any medication not returned for credit shall be 
destroyed in the facility and a record of the destruction shall be 
witnessed, signed and dated by 2 or more personnel licensed or 
registered in the health field.
(d) Control of medications. 1. ZReceipt of medications.[ The 
administrator or a physician, nurse, pharmacist, or the designee 
of any of these may be an agent of the resident for the receipt of 
medications.
2. ZSignatures.[ When the medication is received by the facil-
ity, the person completing the control record shall sign the record 
indicating the amount received.
3. ZDiscontinuance of schedule II drugs.[ The use of sched-
ule II drugs shall be discontinued after 72 hours unless the origi-
nal order specifies a greater period of time not to exceed 60 days.
(e) Proof-of-use record. 1. For schedule II drugs, a proof-of-
use record shall be maintained which lists, on separate proof-of-
use sheets for each type and strength of schedule II drug, the date 
and time administered, resident [s name, physician[s name, dose, 
signature of the person administering dose, and balance.
2. Proof-of-use records shall be audited daily by the regis-
tered nurse or designee, except that in facilities in which a regis-
tered nurse is not required, the administrator or designee shall 
perform the audit of proof-of-use records daily.
(f) Resident control and use of medications. Medications 
which, if ingested or brought into contact with the nasal or eye 
mucosa, would produce toxic or irritant effects shall be stored 
and used only in accordance with the health, safety, and welfare 
of all residents.
(7) ADDITIONAL REQUIREMENTS FOR UNIT DOSE SYSTEMS. 
(a) Scope. When a unit dose drug delivery system is used, the re-
quirements of this subsection shall apply in addition to those of 
sub. (6).
(b) General procedures. 1. The individual medication shall 
be labeled with the drug name, strength, expiration date, and lot 
or control number.
2. A resident [s medication tray or drawer shall be labeled 
with the resident[s name and room number.
3. Each medication shall be dispensed separately in single 
unit dose packaging exactly as ordered by the physician, and in a 
manner to ensure the stability of the medication.
4. An individual resident[s supply of drugs shall be placed in 
a separate, individually labeled container and transferred to the 
nursing station and placed in a locked cabinet or cart. This sup-
ply shall not exceed 4 days for any one resident.
5. If not delivered from the pharmacy to the facility by the 
pharmacist, the pharmacist[s agent shall transport unit dose drugs 
in locked containers.
6. The individual medication shall remain in the identifiable 
unit dose package until directly administered to the resident. 
Transferring between containers is prohibited.
7. Unit dose carts or cassettes shall be kept in a locked area 
when not in use.
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; r. and recr. (3) (b), am. (6) 
(a), (b) 6. and (c), Register, January, 1987, No. 373, eff. 2-1-87; am. (3) (b) 2., (6) (b) 
8. and (c) 1. and 3., Register, February, 1989, No. 398, eff. 3-1-89; correction in (1) 
(c) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 2000, No. 536; correc-
tion made to (6) (d) 1. under s. 13.93 (2m) (b) 7., Stats., Register December 2003 
No. 576; CR 04-053: am. (2) and (5) (d), r. (3) (a), renum. and am. (3) (b) 1. and 2., 
r. (6) (c) 3. Register October 2004 No. 586, eff. 11-1-04; CR 06-053: r. (3) and (6) 
(a) and (f) 1. and 2., renum. (6) (f) 2. to be (6) (f), Register August 2007 No. 620, eff. 
9-1-07.
DHS 132.67 Dental services. (1) ADVISORY DENTIST. 
The facility shall retain an advisory dentist to participate in the 
staff development program for nursing and other appropriate per-
sonnel and to recommend oral hygiene policies and practices for 
the care of residents.
(3) DENTAL EXAMINATION OF RESIDENTS. Every resident 
shall have a dental examination by a licensed dentist within 6 
months after admission unless a dental examination has been per-
formed within 6 months before admission. Subsequent dental 
health care shall be provided or arranged for the resident as 
needed.
Note: For record requirements, see s. DHS 132.45; for dentists [ orders, see s. 
DHS 132.60 (5); for staff development programs about dental practices, see s. DHS 
132.44 (2).
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; am. (3), Register, January, 
1987, No. 373, eff. 2-1-87; CR 06-053: r. (2) and (4), Register August 2007 No. 620, 
eff. 9-1-07.
DHS 132.68 Social services. (1) PROVISION OF SER-
VICES. Each facility shall provide for social services in confor-
mance with this section.
(2) STAFF. Social worker. Each facility shall employ or re-
tain a person full-time or part-time to coordinate the social ser-
vices, to review the social needs of residents, and to make 
referrals.
(3) ADMISSION HISTORY. The facility shall prepare a social 
history of each resident.
(4) CARE PLANNING. A social services component of the plan 
of care, including potential for discharge, if appropriate, shall be 
developed and included in the plan of care required by s. DHS 
132.60 (8) (a).
(5) SERVICES. Social services staff shall provide the 
following:
(a) Referrals. If necessary, referrals for guardianship pro-
ceedings, or to appropriate agencies in cases of financial, psychi-
atric, rehabilitative or social problems which the facility cannot 
serve;
(b) Adjustment assistance. Assistance with adjustment to the 
facility, and continuing assistance to and communication with the 
resident, guardian, family, or other responsible persons;
(c) Discharge planning. Assistance to other facility staff and 
the resident in discharge planning at the time of admission and 
prior to removal under this chapter; and
(d) Training. Participation in inservice training for direct care 
staff on the emotional and social problems and needs of the aged 
and ill and on methods for fulfilling these needs.
Note: For record requirements, see s. DHS 132.45 (5) (d).
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; am. (3) (a), (4) (a) and (5) 
(a), Register, January, 1987, No. 373, eff. 2-1-87; CR 04-053: r. and recr. (3) and (4) 
Register October 2004 No. 586 , eff. 11-1-04; CR 06-053 : r. (2) (b) and (4) (b), 
renum. (2) (a) to be (2), renum. (4) (a) to be (4) and am., Register August 2007 No. 
620, eff. 9-1-07.
DHS 132.69 Activities. Each facility shall have an activ-
ity program designed to meet the needs and interests of each 
resident.
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; am. (2) (a), r. and recr. (2) 
(c), r. (2) (d) and (f), renum. (2) (e) to be (2) (d), Register, January, 1987, No. 373, 
eff. 2-1-87; CR 04-053: r. (2) (a) 1. a. Register October 2004 No. 586, eff. 11-1-04; 
CR 06-053: r. and recr. (1) to be DHS 132.69, r. (2), Register August 2007 No. 620. 
eff. 9-1-07.
DHS 132.695 Special requirements for facilities 
serving persons who are developmentally disabled. 
(1) SCOPE. The requirements in this section apply to all facilities 
that serve persons who are developmentally disabled.
(2) DEFINITIONS. In this section:
(a) XActive treatmentY means an ongoing, organized effort to 
help each resident attain or maintain his or her developmental ca-
pacity through the resident[s regular participation, in accordance 
with an individualized plan, in a program of activities designed to 
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 132.695 WISCONSIN ADMINISTRATIVE CODE 16
enable the resident to attain or maintain the optimal physical, in-
tellectual, social and vocational levels of functioning of which he 
or she is capable.
(b) XInterdisciplinary teamY means the persons employed by a 
facility or under contract to a facility who are responsible for 
planning the program and delivering the services relevant to a de-
velopmentally disabled resident[s care needs.
(c) XIPPY or Xindividual program planY means a written state-
ment of the services which are to be provided to a resident based 
on an interdisciplinary assessment of the individual [s develop-
mental needs, expressed in behavioral terms, the primary pur-
pose of which is to provide a framework for the integration of all 
the programs, services and activities received by the resident and 
to serve as a comprehensive written record of the resident[s devel-
opmental progress.
(d) XQIDPY or Xqualified intellectual disabilities profession-
alY means a person who has specialized training in intellectual 
disabilities or at least one year of experience in treating or work-
ing with individuals with intellectual disabilities and is one of the 
following:
1. A psychologist licensed under ch. 455, Stats.;
2. A physician;
3. A social worker with a graduate degree from a school of 
social work accredited or approved by the council on social work 
education or with a bachelor[s degree in social work from a col-
lege or university accredited or approved by the council on social 
work education.
4. A physical or occupational therapist who meets the re-
quirements of s. DHS 105.27 or 105.28;
5. A speech pathologist or audiologist who meets the re-
quirements of s. DHS 105.30 or 105.31;
6. A registered nurse;
7. A therapeutic recreation specialist who is a graduate of an 
accredited program or who has a bachelor[s degree in a specialty 
area such as art, dance, music, physical education or recreation 
therapy; or
8. A human services professional who has a bachelor [s de-
gree in a human services field other than a field under subds. 1. to 
7., such as rehabilitation counseling, special education or 
sociology.
(3) ACTIVE TREATMENT PROGRAMMING. All residents who 
are developmentally disabled shall receive active treatment. Ac-
tive treatment shall include the resident[s regular participation, in 
accordance with the IPP, in professionally developed and super-
vised activities, experiences and therapies.
(4) RESIDENT CARE PLANNING. (b) Development and content 
of the individual program plan. 1. Except in the case of a person 
admitted for short-term care, within 30 days following the date of 
admission, the interdisciplinary team, with the participation of 
the staff providing resident care, shall review the preadmission 
evaluation and physician[s plan of care and shall develop an IPP 
based on the new resident[s history and an assessment of the res-
ident[s needs by all relevant disciplines, including any physician[s 
evaluations or orders.
2. The IPP shall include:
a. Evaluation procedures for determining whether the meth-
ods or strategies are accomplishing the care objectives; and
b. A written interpretation of the preadmission evaluation in 
terms of any specific supportive actions, if appropriate, to be un-
dertaken by the resident[s family or legal guardian and by appro-
priate community resources.
(c) Reassessment of individual program plan. 1. The care 
provided by staff from each of the disciplines involved in the res-
ident[s treatment shall be reviewed by the professional responsi-
ble for monitoring delivery of the specific service.
2. Individual care plans shall be reassessed and updated at 
least quarterly by the interdisciplinary team, with more frequent 
updates if an individual[s needs warrant it, and at least every 30 
days by the QIDP to review goals.
3. Reassessment results and other necessary information ob-
tained through the specialists[ assessments shall be disseminated 
to other resident care staff as part of the IPP process.
4. Documentation of the reassessment results, treatment ob-
jectives, plans and procedures, and continuing treatment progress 
reports shall be recorded in the resident[s record.
(d) Implementation. Progress notes shall reflect the treatment 
and services provided to meet the goals stated in the IPP.
Note: See ch. DHS 134 for rules governing residential care facilities that primar-
ily serve developmentally disabled persons who require active treatment.
History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; am. (2) (a), (b), (3), 
(4) (a), (b), (c) 1., 2. intro. and a. and (d), renum. (2) (c) to (d) and am. (intro.) and 3., 
cr. (2) (c), Register, February, 1989, No. 398 , eff. 3-1-89; correction in (2) (d) 4. 
made under s. 13.93 (2m) (b) 7., Stats., Register, August, 2000, No. 536; CR 06-053: 
cons., renum. and am. (3) (a) (intro.) and 1. (intro.) to be (3), r. (3) (a) 1. a. and b., 2., 
and (b), (4) (a), (b) 2. a. to c. and (c) 1., 2. and 3., renum. (4) (b) 2. d. and e. and (c) 
1. a. to d. to be (4) (b) 2. a. and b. and (c) 1. to 4., Register August 2007 No. 620, eff. 
9-1-07; corrections in (2) (d) 4. and 5. made under s. 13.92 (4) (b) 7., Stats., Register 
January 2009 No. 637; 2019 Wis. Act 1: am. (2) (d) (intro.), (4) (c) 2. Register May 
2019 No. 761, eff. 6-1-19.
DHS 132.70 Special requirements when persons 
are admitted for short-term care. (1) SCOPE. A facility 
may admit persons for short-term care. A facility that admits per-
sons for short-term care may use the procedures included in this 
section rather than the procedures included in ss. DHS 132.52 
and 132.60 (8). Short-term care is for either respite or recupera-
tive purposes. The requirements in this section apply to all facili-
ties that admit persons for short-term care when they admit, eval-
uate or provide care for these persons. Except as specified in this 
section, all requirements of this chapter, including s. DHS 
132.51, apply to all facilities that admit persons for short-term 
care.
(2) PROCEDURES FOR ADMISSION. Respite care. For a person 
admitted to a facility for respite care, the following admission and 
resident care planning procedures may be carried out in place of 
the requirements under ss. DHS 132.52 and 132.60 (8):
(a) A registered nurse or physician shall complete a compre-
hensive resident assessment of the person prior to or on the day of 
admission. This comprehensive assessment shall include evalua-
tion of the person[s medical, nursing, dietary, rehabilitative, phar-
maceutical, dental, social and activity needs. The consulting or 
staff pharmacist shall participate in the comprehensive assess-
ment. As part of the comprehensive assessment, when the regis-
tered nurse or physician has identified a need for a special ser-
vice, staff from the discipline that provides the service shall, on 
referral from the registered nurse or physician, complete a history 
and assessment of the person[s prior health and care in that disci-
pline. The comprehensive resident assessment shall include:
1. A summary of the major needs of the person and of the 
care to be provided;
2. The attending physician[s plans for discharge.
(b) The registered nurse, with verbal agreement of the attend-
ing physician, shall develop a written plan of care for the person 
being admitted prior to or at the time of admission. The plan of 
care shall be based on the comprehensive resident assessment un-
der par. (a), the physician[s orders, and any special assessments 
under par. (a).
(c) The facility shall send a copy of the comprehensive resi-
dent assessment, the physician[s orders and the plan of care under 
par. (b) to the person[s attending physician. The attending physi-
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
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17 DEPARTMENT OF HEALTH SERVICES DHS 132.72
cian shall sign the assessment and the plan of care within 48 
hours after the person is admitted.
(3) ADMISSION INFORMATION. (a) This subsection takes the 
place of s. DHS 132.31 (1) (d) 1. for persons admitted for respite 
care or recuperative care.
(b) No person may be admitted to a facility for respite care or 
recuperative care without signing or the person[s guardian or des-
ignated representative signing an acknowledgement of having re-
ceived a statement before or on the day of admission that indi-
cates the expected length of stay, with a note that the responsibil-
ity for care of the resident reverts to the resident or other respon-
sible party following expiration of the designated length of stay.
(4) MEDICATIONS. (c) Respite care residents and recupera-
tive care residents may bring medications into the facility as per-
mitted by written policy of the facility.
(7) RECORDS. (a) Contents. The medical record for each 
respite care resident and each recuperative care resident shall in-
clude, in place of the items required under s. DHS 132.45 (5):
1. The resident care plan prepared under sub. (2) (b).
2. Admission nursing notes identifying pertinent problems to 
be addressed and areas of care to be maintained;
3. For recuperative care residents, nursing notes addressing 
pertinent problems identified in the resident care plan and, for 
respite care residents, nursing notes prepared by a registered 
nurse or licensed practical nurse to document the resident [s con-
dition and the care provided;
4. Physicians[ orders;
5. A record of medications;
6. Any progress notes by physicians or health care specialists 
that document resident care and progress;
7. For respite care residents, a record of change in condition 
during the stay at the facility; and
8. For recuperative care residents, the physician [s discharge 
summary with identification of resident progress, and, for respite 
care residents, the registered nurse [s discharge summary with 
notes of resident progress during the stay.
(b) Location and accessibility. The medical record for each 
short-term care resident shall be kept with the medical records of 
other residents and shall be readily accessible to authorized rep-
resentatives of the department.
History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; am. (1), (2) (a) (intro.) 
and (b) (intro.), Register, February, 1989, No. 398, eff. 3-1-89; CR 06-053: r. (2) (a) 
1. b., (b), (3) (b) 2. to 9., (4) (a) and (b), (5) and (6), renum. (2) (a) (intro.), 1. (intro.), 
2. and 3. to be (2) (intro.), (a) (intro.), (b) and (c), am. (2) (a) (intro.) and (b) and (7) 
(a) 1., cons., renum., and am. (3) (b) (intro.) and 1. to be (3) (b), Register August 
2007 No. 620 , eff. 9-1-07; correction in (2) (c) made under s. 13.93 (2m) (b) 7., 
Stats., Register August 2007 No. 620.
Subchapter VII — Physical Environment
DHS 132.71 Furniture, equipment and supplies. (1) 
FURNITURE IN RESIDENT CARE AREAS. (b) Bedding. 1. Each 
resident shall be provided at least one clean, comfortable pillow. 
Additional pillows shall be provided if requested by the resident 
or required by the resident[s condition.
2. Each bed shall have a mattress pad.
3. A moisture-proof mattress cover and pillow cover shall be 
provided to keep each mattress and pillow clean and dry.
4. a. A supply of sheets and pillow cases sufficient to keep 
beds clean, dry, and odor-free shall be stocked. At least 2 sheets 
and 2 pillow cases shall be furnished to each resident each week.
b. Beds occupied by bedfast or incontinent residents shall be 
provided draw sheets.
6. Each bed shall have a clean, washable bedspread.
(c) Other furnishings. 2. a. At least one chair shall be in each 
room for each bed. A folding chair shall not be used. If requested 
by the resident or guardian, a wheel-chair or geri-chair may be 
substituted.
b. An additional chair with arms shall be available upon 
request.
4. Adequate compartment or drawer space shall be provided 
in each room for each resident to store personal clothing and ef-
fects and to store, as space permits, other personal possessions in 
a reasonably secure manner.
5. A sturdy and stable table that can be placed over the bed or 
armchair shall be provided to every resident who does not eat in 
the dining area.
(d) Towels, washcloths, and soap. 1. Clean towels and wash-
cloths shall be provided to each resident as needed. Towels shall 
not be used by more than one resident between launderings.
2. An individual towel rack shall be installed at each resi-
dent[s bedside or at the lavatory.
3. Single service towels and soap shall be provided at each 
lavatory for use by staff.
(e) Window coverings. Every window shall be supplied with 
flame retardant shades, draw drapes or other covering material or 
devices which, when properly used and maintained, shall afford 
privacy and light control for the resident.
(2) RESIDENT CARE EQUIPMENT. (a) Personal need items. 
When a resident because of his or her condition needs a mouth-
wash cup, a wash basin, a soap dish, a bedpan, an emesis basin, or 
a standard urinal and cover, that item shall be provided to the res-
ident. This equipment may not be interchanged between resi-
dents until it is effectively washed and sanitized.
(c) First aid supplies. Each nursing unit shall be supplied 
with first aid supplies, including bandages, sterile gauze dress-
ings, bandage scissors, tape, and a sling tourniquet.
(d) Other equipment. Other equipment, such as wheelchairs 
with brakes, footstools, commodes, foot cradles, footboards, un-
der-the-mattress bedboards, walkers, trapeze frames, transfer 
boards, parallel bars, reciprocal pulleys, suction machines, pa-
tient lifts, and Stryker or Foster frames, shall be used as needed 
for the care of the residents.
(7) OXYGEN. (a) No oil or grease shall be used on oxygen 
equipment.
(b) When placed at the resident[s bedside, oxygen tanks shall 
be securely fastened to a tip-proof carrier or base.
(c) Oxygen regulators shall not be stored with solution left in 
the attached humidifier bottle.
(d) When in use at the resident[s bedside, cannulas, hoses, and 
humidifier bottles shall be maintained and used in accordance 
with current standards of practice and manufacturers [ 
recommendations.
(e) Disposable inhalation equipment shall be maintained and 
used in accordance with current standards of practice and manu-
facturers[ recommendations.
(f) With other inhalation equipment such as intermittent posi-
tive pressure breathing equipment, the entire resident breathing 
circuit, including nebulizers and humidifiers, shall be maintained 
and used in accordance with current standards of practice and 
manufacturers[ recommendations.
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; am. (1) (e), (2) (a) and (3), 
Register, January, 1987, No. 373, eff. 2-1-87; CR 06-053: r. (1) (a), (b) 5., (c) 1. and 
3., (2) (b) and (3) to (6), Register August 2007 No. 620, eff. 9-1-07; 2015 Wis. Act 
107: am. (7) (d) to (f) Register November 2015 No. 719, eff. 12-1-15.
DHS 132.72 Housekeeping services. (1) REQUIRE-
MENT. Facilities shall develop and implement written policies 
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 132.72 WISCONSIN ADMINISTRATIVE CODE 18
that ensure a safe and sanitary environment for personnel and res-
idents at all times.
(2) CLEANING. (e) Combustibles in storage areas. Attics, 
cellars and other storage areas shall be kept safe and free from 
dangerous accumulations of combustible materials. Com-
bustibles such as cleaning rags and compounds shall be kept in 
closed metal containers.
(f) Grounds. The grounds shall be kept free from refuse, lit-
ter, and waste water. Areas around buildings, sidewalks, gardens, 
and patios shall be kept clear of dense undergrowth.
(3) POISONS. All poisonous compounds shall be clearly la-
beled as poisonous and, when not in use, shall be stored in a 
locked area separate from food, kitchenware, and medications.
(4) GARBAGE. Storage containers. All garbage and rubbish 
shall be stored in leakproof, nonabsorbent containers with close-
fitting covers, and in areas separate from those used for the prepa-
ration and storage of food. Containers shall be cleaned regularly. 
Paperboard containers shall not be used.
(6) PEST CONTROL. (b) Provision of service. Pest control 
services shall be provided in accordance with the requirements of 
s. 94.705, Stats.
(c) Screening of windows and doors. All windows and doors 
used for ventilation purposes shall be provided with wire screen-
ing of not less than number 16 mesh or its equivalent and shall be 
properly installed and maintained to prevent entry of insects. 
Screen doors shall be self-closing and shall not interfere with ex-
iting. Properly installed airflow curtains or fans may be used in 
lieu of screens.
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; am. (2) (b), (c) and (e), (6) 
(c), Register, January, 1987, No. 373, eff. 2-1-87; CR 06-053: r. (2) (a) to (d), (4) (b), 
(5) and (6) (a), renum. (4) (a) to be (4), Register August 2007 No. 620, eff. 9-1-07.
Subchapter VIII — Life Safety, Design and 
Construction
DHS 132.81 Scope and definitions. (1) APPLICA-
TION. This subchapter applies to all facilities except where noted. 
Wherever the rules in ss. DHS 132.83 and 132.84 modify the ap-
plicable life safety code under s. DHS 132.82, these rules shall 
take precedence.
(2) DEFINITIONS. The definitions in the applicable life safety 
code required under s. DHS 132.82 apply to this subchapter. In 
addition, in this subchapter:
(a) XLife safety codeY means the National Fire Protection As-
sociation[s standard 101.
(b) XPeriod A facilityY means a facility or a portion of a facil-
ity which before July 1, 1964, was either licensed as a nursing 
home or had the plans approved by the department; a county 
home or county mental hospital approved under former ch. PW 1 
or 2 before July 1, 1964, which is to be converted to nursing home 
use; a hospital approved under ch. DHS 124 before July 1, 1964, 
which is to be converted to nursing home use; or any other recog-
nized inpatient care facility in operation before July 1, 1964, to be 
converted to nursing home use.
(c) XPeriod B facilityY means a facility or a portion of a facil-
ity the plans for which were approved by the department on or af-
ter July 1, 1964, but no later than December 1, 1974; a county 
home or county mental hospital approved under former ch. PW 1 
or 2, on or after July 1, 1964, but no later than December 1, 1974, 
which is to be converted for nursing home use; or any other rec-
ognized inpatient care facility in operation on or after July 1, 
1964, but no later than December 1, 1974, which is to be con-
verted to nursing home use.
(d) XPeriod C facility Y means a facility, the plans for which 
were approved by the department after December 1, 1974, in-
cluding new additions to existing licensed facilities and major re-
modeling and alterations.
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; r. and recr. (2), Register, 
January, 1987, No. 373 , eff. 2-1-87; reprinted to restore dropped copy in (2) (b), 
Register, May, 1987, No. 377; correction in (2) (b) made under s. 13.92 (4) (b) 7. , 
Stats., Register January 2009 No. 637.
DHS 132.812 Review for compliance with this 
chapter and the state building code. (1) The department 
shall review nursing home construction and remodeling plans for 
compliance with this chapter and for compliance with the state 
commercial building code, chs. SPS 361 to 365, with the excep-
tion of s. SPS 361.31 (3). Where chs. SPS 361 to 365 refer to the 
department of safety and professional services, those rules shall 
be deemed for purposes of review under this chapter to refer to 
the department of health services.
(2) The department shall have 45 working days from receipt 
of an application for plan review and all required forms, fees, 
plans and documents to complete the review and approve, ap-
prove with conditions or deny approval for the plan.
History: Emerg. cr., eff. 7-1-96; cr. Register, December, 1996, No. 492, eff. 7-1-
96; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 2000, 
No. 536; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register Decem-
ber 2003 No. 576; correction in (1) made under s. 13.92 (4) (b) 6., Stats., Register 
January 2009 No. 637 ; correction in (1) made under s. 13.92 (4) (b) 6., 7., Stats., 
Register January 2012 No. 673.
DHS 132.815 Fees for plan reviews. (1) REQUIRE-
MENT. Before the start of any construction or remodeling project 
for a nursing home, the plans for the construction or remodeling 
shall be submitted to the department, pursuant to s. DHS 132.84 
(17), for review and approval by the department. The fees estab-
lished in this section shall be paid to the department for providing 
plan review services.
(2) FEE SCHEDULE. (a) General. The department shall 
charge a fee for the review under s. DHS 132.812 of plans for a 
nursing home capital construction or remodeling project. The fee 
shall be based in part on the dollar value of the project, according 
to the schedule under par. (b), and in part on the total gross floor 
area in the plans, as found in par. (c). The total fee for plan re-
view is determined under par. (d). Fees for review of partial 
plans, for revision of plans, for extensions of plan approval, and 
for handling and copying, and provisions for the collection and 
refund of fees are found in par. (e).
(b) Fee part based on project dollar value. The part of the fee 
based on project dollar value shall be as follows:
1. For projects with an estimated dollar value of less than 
$5,000, $100;
2. For projects with an estimated dollar value of at least 
$5,000 but less than $25,000, $300;
3. For projects with an estimated dollar value of at least 
$25,000 but less than $100,000, $500;
4. For projects with an estimated dollar value of at least 
$100,000 but less than $500,000, $750;
5. For projects with an estimated dollar value of at least 
$500,000 but less than $1 million, $1,500;
6. For projects with an estimated dollar value of at least $1 
million but less than $5 million, $2,500; and
7. For projects with an estimated dollar value of $5 million 
or more, $5,000.
(c) Fee part based on total gross floor area. 1. ZGeneral.[ 
The part of the fee based on total gross floor area shall be as pro-
vided in Table 132.815 subject to the conditions set out in this 
paragraph.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
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Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
19 DEPARTMENT OF HEALTH SERVICES DHS 132.82
2. ZBuilding, heating and ventilation. [ The fees in Table 
132.815 apply to the submittal of all building and heating, venti-
lation and air conditioning (HV AC) plans. A fee for review of 
plans shall be computed on the basis of the total gross floor area 
of each building.
TABLE 132.815
Fee Part Based on Total Gross Floor Area
FEE
Area (Sq. Feet)
Bldg. & 
HVAC
Bldg. Area 
Only
HVAC 
Area Only
Up to 2,500 $320 $270 $190
2,501 - 5,000 430 320 240
5,001 - 10,000 580 480 270
10,001 - 20,000 900 630 370
20,001 - 30,000 1,280 900 480
30,001 - 40,000 1,690 1,220 690
40,001 - 50,000 2,280 1,590 900
50,001 - 75,000 3,080 2,120 1,220
75,001 - 100,000 3,880 2,600 1,690
100,001 - 200,000 5,940 4,240 2,120
200,001 - 300,000 12,200 7,430 4,770
300,001 - 400,000 17,190 11,140 6,900
400,001 - 500,000 21,220 13,790 9,020
Over 500,000 22,810 14,850 10,080
3. ZScope of fee.[ The fees indicated in Table 132.815, relat-
ing to building and heating, ventilation and air conditioning 
plans, include the plan review and inspection fee for all compo-
nents, whether submitted with the original submittal or at a later 
date. Components covered by that fee are:
a. Building plans;
b. Heating, ventilation and air conditioning plans;
c. Bleacher plans for interior bleachers only;
d. Fire escape plans;
e. Footing and foundation plans; and
f. Structural component plans, such as plans for floor and 
roof trusses, precast concrete, laminated wood, metal buildings, 
solariums and other similar parts of the building.
4. ZBuilding alteration.[ a. The examination fee for review of 
plans for alteration of existing buildings and structures undergo-
ing remodeling or review of tenant space layouts shall be deter-
mined in accordance with Table 132.815 on the basis of the gross 
floor area undergoing remodeling.
b. The fee specified in subd. 4. a. shall be based on the actual 
gross square footage of the area being remodeled. When remod-
eling of an individual building component affects building code 
compliance for a larger area, the fee shall be computed on the ba-
sis of the total square footage of the affected area.
(d) Total fee for review of plans. To determine the total fee for 
review of plans, the department shall:
1. Add the fee parts from pars. (b) and (c); and
2. Multiply the sum obtained in subd. 1. by 0.95.
(e) Other fee provisions related to review of plans. 1. ZFee for 
miscellaneous plans.[ Miscellaneous plans are plans that have no 
building or heating, ventilation and air conditioning plan submis-
sions and for which there may not be an associated area. The fee 
for a miscellaneous plan shall be $250. This fee is for plan review 
and inspection. Miscellaneous plans include:
a. Footing and foundation plans submitted prior to the sub-
mission of the building plans;
b. Plans for industrial exhaust systems for dust, fumes, va-
pors and gases, for government-owned buildings only;
c. Spray booth plans, for government-owned buildings only;
d. Stadium, grandstand and bleacher plans, and interior 
bleacher plans submitted as independent projects;
e. Structural plans submitted as independent projects, such 
as docks, piers, antennae, outdoor movie screens and observation 
towers; and
f. Plans for any building component, other than building and 
heating, ventilation and air conditioning, submitted following the 
final inspection by the department.
2. ZFee for permission to start construction.[ The fee for per-
mission to start construction shall be $80. This fee shall apply to 
those applicants proposing to start construction prior to the ap-
proval of the plans by the department.
3. ZFee for plan revision.[ The fee for revision of previously 
approved plans shall be $100. This paragraph applies when plans 
are revised for reasons other than those that were requested by the 
department. The department may not charge a fee for revisions 
requested by the department as a condition of original plan 
approval.
4. ZFee for extension of plan approval.[ The examination fee 
for a plan previously approved by the department for which an ap-
proval extension [was requested] beyond the time limit specified 
in this chapter shall be $75 per plan.
5. ZCollection of fees.[ Fees shall be remitted at the time the 
plans are submitted. No plan examinations, approvals or inspec-
tions may be made until fees are received.
6. ZHandling and copying fees. [ a. The department shall 
charge a handling fee of $50 per plan to the submitting party for 
any plan that is submitted to the department, entered into the de-
partment[s system and subsequently requested by the submitting 
party to be returned prior to departmental review.
b. The department may charge a photocopying fee of 25 
cents per page to anyone who requests copies of construction or 
remodeling plans, except that a fee of $5 per plan sheet shall be 
charged for reproduction of plan sheets larger than legal size.
(3) HANDLING AND COPYING FEES. (a) The department shall 
charge a handling fee of $50 per plan to the submitting party for 
any plan which is submitted to the department, entered into the 
department[s system and then the submitting party requests that it 
be returned prior to review.
(b) The department may charge a photocopying fee of 25 
cents per page to anyone who requests copies of construction or 
remodeling plans, except that a fee of $5 per plan sheet shall be 
charged for reproduction of plan sheets larger than legal size.
History: Emerg. cr. eff. 1-1-94; cr. Register, August, 1994, No. 464, eff. 9-1-94; 
emerg. r. and recr. (2), eff. 7-1-96; r. and recr. (2), Register, December, 1996, No. 
492, eff. 1-1-97.
DHS 132.82 Life safety code. (1) APPLICABILITY. Fa-
cilities shall meet the applicable provisions of the 2012 edition of 
the Life Safety Code.
Note: Copies of the 2012 Life Safety Code and related codes are on file in the 
Department[s Division of Quality Assurance and the Legislative Reference Bureau, 
and may be obtained from the National Fire Protection Association, 1 Batterymarch 
Park, Quincy, MA 02169.
(2) FIRE SAFETY EVALUATION SYSTEM. A proposed or exist-
ing facility not meeting all requirements of the applicable life 
safety code shall be considered in compliance if it achieves a 
passing score on the Fire Safety Evaluation System (FSES), de-
veloped by the United States department of commerce, national 
bureau of standards, to establish safety equivalencies under the 
life safety code.
(3) RESIDENT SAFETY AND DISASTER PLAN. (a) Disaster 
plan. 1. Each facility shall have a written procedure which shall 
be followed in case of fire or other disasters, and which shall 
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 132.82 WISCONSIN ADMINISTRATIVE CODE 20
specify persons to be notified, locations of alarm signals and fire 
extinguishers, evacuation routes, procedures for evacuating help-
less residents, frequency of fire drills, and assignment of specific 
tasks and responsibilities to the personnel of each shift and each 
discipline.
2. The plan shall be developed with the assistance of quali-
fied fire and safety experts, including the local fire authority.
3. All employees shall be oriented to this plan and trained to 
perform assigned tasks.
4. The plan shall be available at each nursing station.
5. The plan shall include a diagram of the immediate floor 
area showing the exits, fire alarm stations, evacuation routes, and 
locations of fire extinguishers. The diagram shall be posted in 
conspicuous locations in the corridor throughout the facility.
(b) Drills. Fire drills shall be held at irregular intervals at 
least 4 times a year on each shift and the plan shall be reviewed 
and modified as necessary. Records of drills and dates of drills 
shall be maintained.
(c) Fire inspections. The administrator of the facility shall ar-
range for fire protection as follows:
1. At least semiannual inspection of the facility shall be 
made by the local fire inspection authorities. Signed certificates 
of such inspections shall be kept on file in the facility.
2. Certification by the local fire authority as to the fire safety 
of the facility and to the adequacy of a written fire plan for or-
derly evacuation of residents shall be obtained and kept on file in 
the facility.
3. Where the facility is located in a city, village, or township 
that does not have an official established fire department, the li-
censee shall obtain and maintain a continuing contract for fire 
protection service with the nearest municipality providing such 
service. A certification of the existence of such contract shall be 
kept on file in the facility.
Note: See NFPA 10, 1973 edition.
(e) Fire report. All incidents of fire in a facility shall be re-
ported to the department within 72 hours.
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; r. and recr. (1) and (2), r. 
(4), renum. (3) and (5) to be (4) and (6), cr. (3) and (5), Register, January, 1987, No. 
373, eff. 2-1-87; emerg. am. (3), cr. (3m), r. and recr. (5) and Table, eff. 7-1-94; am. 
(3), cr. (3m), r. and recr. (5) and Table, Register, January, 1995, No. 469, eff. 2-1-95; 
CR 04-053: r. and recr. (1) to (5), renum. (6) to be (3) Register October 2004 No. 
586, eff. 11-1-04; CR 06-053: r. (3) (d) and (f) to (i), Register August 2007 No. 620, 
eff. 9-1-07; CR 16-087: am. (1) Register September 2017 No. 741, eff. 10-1-17.
DHS 132.83 Safety and systems. (1) MAINTENANCE. 
The building shall be maintained in good repair and kept free of 
hazards such as those created by any damaged or defective build-
ing equipment.
(3) DOORS. (d) Toilet room doors. In period B and C facili-
ties, resident toilet room doors shall be not less than 3 feet 0 
inches by 6 feet 8 inches, and shall not swing into the toilet room 
unless they are provided with two-way hardware.
(e) Thresholds. In period B and C facilities, raised thresholds 
which cannot be traversed easily by a bed on wheels, a wheel-
chair, a drug cart, or other equipment on wheels shall not be used.
(4) EMERGENCY POWER. Emergency electrical service with 
an independent power source which covers lighting at nursing 
stations, telephone switchboards, exit and corridor lights, boiler 
room, fire alarm systems, and medical records when solely elec-
tronically based, shall be provided. The service may be battery 
operated if effective for at least 4 hours.
(7) MECHANICAL SYSTEMS. (a) Water supply. 1. A potable 
water supply shall be maintained at all times. If a public water 
supply is available, it shall be used. If a public water supply is not 
available, the well or wells shall comply with ch. NR 812.
2. An adequate supply of hot water shall be available at all 
times. The temperature of hot water at plumbing fixtures used by 
residents may not exceed the range of 110-115nF.
(d) Heating and air conditioning. The heating and air condi-
tioning systems shall be capable of maintaining adequate temper-
atures and providing freedom from drafts.
(g) General lighting. Period C facilities shall have night 
lighting.
(h) Ventilation. 5. In period C facilities all rooms in which 
food is stored, prepared or served, or in which utensils are washed 
shall be well-ventilated. Refrigerated storage rooms need not be 
ventilated.
(i) Elevators. 1. In period B facilities, at least one elevator 
shall be provided when residents[ beds are located on one or more 
floors above or below the dining or service floor. The platform 
size of the elevator shall be large enough to hold a resident bed 
and attendant.
2. In period C facilities, at least one elevator shall be pro-
vided in the facility if resident beds or activities are located on 
more than one floor. The platform size of the elevator shall be 
large enough to hold a resident bed and an attendant.
(j) Electrical. 2. In period B and C facilities at least one du-
plex-type outlet shall be provided for every resident[s bed.
3. In new construction begun after the effective date of this 
chapter, at least 2 duplex-type outlets shall be provided for each 
bed.
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; am. (3) (c) 1., (5) (e) and 
(f) (intro), (6) (b), (7) (a), (f), (g) 1., (j) 2., Register, January, 1987, No. 373, eff. 2-1-
87; emerg. am. (6) (a), r. and recr. (6) (b), eff. 7-1-94; am. (6) (a), r. and recr. (6) (b), 
Register, January, 1995, No. 469, eff. 2-1-95; CR 04-053: am. (4) and (7) (a) 2., r. 
(5) (b), (c) and (d), Register October 2004 No. 586, eff. 11-1-04; CR 06-053: r. (2) 
(3) (a) to (c), (5), (6), (7) (b), (c), (d) 2., (e), (f), (g) 1., (h) 1. to 4. and 5. a., and (j) 1. 
and 2. b., renum. (7) (d) 1. and (g) 2. to be (7) (d) and (g), cons., renum. and am. (7) 
(h) 5. (intro.) and b. to be &(7) (h) 5., cons., renum. and am. (7) (j) 2. (intro.) and a. 
to be (7) (j) 2., Register August 2007 No. 620, eff. 9-1-07.
DHS 132.84 Design. (1) RESIDENTS[ ROOMS. (a) As-
signment of residents. Sexes shall be separated by means of sep-
arate wings, floors, or rooms, except in accordance with s. 50.09 
(1) (f) 1, Stats.
(b) Location. No bedroom housing a resident shall open di-
rectly to a kitchen or laundry.
(g) Bed arrangement. The beds shall be arranged so that the 
beds shall be at least 3 feet apart and a clear aisle space of at least 
3 feet from the entrance to the room to each bed shall be 
provided.
(h) Closet space. A closet or locker shall be provided for each 
resident in each bedroom. Closets or lockers shall afford a space 
of not less than 15 inches wide by 18 inches deep by 5 feet in 
height for each resident bed.
(i) Cubicle curtains. 1. In period A and B facilities, each bed 
in a multiple-bed room shall have a flameproof cubicle curtain or 
an equivalent divider that will assure resident privacy.
2. In period C facilities, each bed in a multiple-bed room 
shall be provided with a flameproof cubicle curtain to enclose 
each bed and to assure privacy.
(2) TOILET AND BATHING FACILITIES. (a) General. All lava-
tories required by this subsection shall have hot and cold running 
water. Toilets shall be water flushed and equipped with open 
front seats without lids.
(e) Period A and B. In period A and B facilities separate toilet 
and bath facilities shall be provided for male and female 
residents.
(f) Period C. In period C facilities every tub, shower, or toilet 
shall be separated in such a manner that it can be used indepen-
dently and afford privacy.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
21 DEPARTMENT OF HEALTH SERVICES DHS 132.84
(3) STAFF WORK STATIONS AND OTHER REQUIRED FACILITIES. 
Each resident living area shall have all of the following:
(a) A staff work station whose location allows staff to provide 
services to all living areas, resident bedrooms and resident use 
spaces. The facility shall contain adequate storage space for 
records and charts and shall contain a desk or work counter for 
staff, a functional telephone for emergency calls and a resident 
communication system as required under sub. (4). Staff work sta-
tions shall be located to meet the needs of the resident population 
being served.
(b) Space for storage of linen, equipment and supplies, unless 
a central space for storage is provided.
(c) 1. Except as provided in subds. 2. and 3., a well-lit, secure 
medicine preparation, storage and handling room or area avail-
able to each staff work station with a work counter, refrigerator, 
sink with hot and cold running water, and a medicine storage cab-
inet with lock or space for drug carts. The room shall be mechan-
ically ventilated.
2. In period A nursing homes, a well-lit medicine prepara-
tion, storage and handling area equipped with a sink and hot and 
cold running water may continue to be used. Mechanical ventila-
tion is not required.
3. In period B nursing homes, cart storage space and me-
chanical ventilation within the medicine preparation room are not 
required.
(d) 1. Except as provided in subds. 2., 3. and 4., a soiled util-
ity room central to each resident sleeping room wing or module 
that is equipped with a flush-rim siphon jet service sink, a facility 
for sanitizing bedpans, urinals, emesis basins, thermometers and 
related nursing care equipment, appropriate cabinet and counter 
space, and sink with hot and cold running water. The room shall 
be mechanically ventilated and under negative pressure.
2. Period A nursing homes shall have a utility room that shall 
be located, designed and equipped to provide areas for the sepa-
rate handling of clean and soiled linen, equipment, and supplies.
3. Period B nursing homes shall have a ventilated utility 
room with a flush-rim service sink.
4. Central location of soiled utility rooms is not required in 
existing nursing homes.
(e) 1. Except as provided in subd. 2., a clean utility area or 
room central to each resident sleeping room wing or module that 
is equipped with a sink with hot and cold running water, counter, 
and cabinets for storage of clean utensils and equipment.
2. Period A and B nursing homes shall have a utility room lo-
cated, designed and equipped to provide areas for the separate 
handling of clean and soiled linen, equipment and supplies.
(f) Period C nursing homes shall have staff toilet and hand-
washing facilities separate from those used by residents.
(g) Period C nursing homes shall have a nourishment station 
with sink, hot and cold running water, refrigerator and storage for 
serving between-meal nourishment if a kitchen is not open at all 
times. Nourishment stations may serve more than one nursing 
area but not more than a single floor.
(4) RESIDENT AND STAFF COMMUNICATION. (a) Except as 
provided in pars. (b) and (c), the nursing home shall have a de-
partment-approved resident and staff communication system 
comprised of components listed by an independent testing labo-
ratory to permit each resident to activate the call from resident 
rooms, toilet area, bathing areas, and activity areas. Nurse calls 
shall be visible from corridor or access aisles within each resi-
dent living area and an audible sounder shall annunciate upon 
failure of staff response. The communication signal emanating 
from the toilet, bath and shower areas shall be that of a distinctive 
emergency call. The activation device shall be reachable by the 
residents from each toilet, bath or shower location.
Note: Underwriter[s Laboratory (UL) is an example of an independent testing 
laboratory.
(b) Nursing homes in existence November 1, 2004, may con-
tinue using a nurse call system that registers calls from each resi-
dent bed, resident toilet room and each tub and shower area. In 
addition, in period B and C nursing homes, the resident staff sig-
nal may register in the corridor directly outside the room and at 
the staff work station.
(c) In all nursing homes in existence November 1, 2004, the 
nursing home may retain use of non-source signal canceling 
equipment until any remodeling is undertaken within the smoke 
compartment where the equipment is located.
(d) Communication systems shall be functioning at all times.
(6) FOOD SERVICE. (a) General. The facility shall have a 
kitchen or dietary area which shall be adequate to meet food ser-
vice needs and shall be arranged and equipped for the refrigera-
tion, storage, preparation, and serving of food, as well as for dish 
and utensil cleaning and refuse storage and removal. Dietary ar-
eas shall comply with the local health or food handling codes. 
Food preparation space shall be arranged for the separation of 
functions and shall be located to permit efficient services to resi-
dents and shall not be used for nondietary functions.
Note: The department encourages and supports gerontological design principles 
that promote innovation and a diversity of approaches.
(15) MIXED OCCUPANCY. Rooms or areas within the facility 
may be used for occupancy by individuals other than residents 
and facility staff if the following conditions are met:
(a) The use of these rooms does not interfere with the services 
provided to the residents; and
(b) The administrator takes reasonable steps to ensure that the 
health, safety and rights of the residents are protected.
(17) SUBMISSION OF PLANS AND SPECIFICATIONS. For all 
new construction:
(a) One copy of schematic and preliminary plans shall be sub-
mitted to the department for review and approval of the func-
tional layout.
(b) One copy of working plans and specifications shall be 
submitted to and approved by the department before construction 
is begun. The department shall notify the facility in writing of 
any divergence in the plans and specifications, as submitted, from 
the prevailing rules.
(c) The plans specified in pars. (a) and (b) shall show the gen-
eral arrangement of the buildings, including a room schedule and 
fixed equipment for each room and a listing of room numbers, to-
gether with other pertinent information. Plans submitted shall be 
drawn to scale.
(d) Any changes in the approved working plans affecting the 
application of the requirements herein established shall be shown 
on the approved working plans and shall be submitted to the de-
partment for approval before construction is undertaken. The de-
partment shall notify the facility in writing of any divergence in 
the plans and specifications, as submitted, from the prevailing 
rules.
(e) If on-site construction above the foundation is not started 
within 6 months of the date of approval of the working plans and 
specifications under par. (b), the approval shall be void and the 
plans and specifications shall be resubmitted for reconsideration 
of approval.
(f) If there are no divergences from the prevailing rules, the 
department shall provide the facility with written approval of the 
plans as submitted.
History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; am. (3) (b) 2. and (13) (c), 
renum. (15) and (16) to be (16) and (17), cr. (15), Register, January, 1987, No. 373, 
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 132.84 WISCONSIN ADMINISTRATIVE CODE 22
eff. 2-1-87; am. (1) (b) 2., (2) (e) 1. c. and (5) (a); CR 04-053: r. and recr. (3) and (4) 
and am. (6) (d) 12. Register October 2004 No. 586, eff. 11-1-04; CR 06-053: am. (1) 
(a), r. (1) (b) 2. and 3., (c), (d), (e), (f), (j), (k), (2) (b) to (d), (e) 1. a. to d. and 2., (f) 
1. to 3., 5., (g), (5) (6) (b) to (d), (7) to (14) and (16), cons., renum. and am. (1) (b) 
(intro.) and 1. to be (1) (b), cons., renum., and am. (2) (e) (intro.) and 1. (intro.) to be 
(2) (e), cons., renum. and am. (2) (f) (intro.) and 4. to be (2) (f), Register August 
2007 No. 2007, eff. 9-1-07.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827