Wis. Admin. Code DHS 83

Community-Based Residential Facilities

Wisconsin Administrative Code Chapter DHS 83 establishes comprehensive licensing standards for Community-Based Residential Facilities (CBRFs), which are small-to-large residential settings serving adults with a variety of conditions including mental illness, developmental disabilities, substance use disorders, physical disabilities, and other conditions. The chapter covers all aspects of CBRF operation including licensing categories and application requirements, personnel qualifications and training, resident rights and protections, care and service standards, physical environment and safety requirements, and reporting and recordkeeping obligations. Operators must obtain a department license, maintain a program statement identifying the client groups served, comply with staffing and training requirements, and follow detailed incident reporting and resident notification procedures.

Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
1 DEPARTMENT OF HEALTH SERVICES DHS 83.02
Chapter DHS 83
COMMUNITY-BASED RESIDENTIAL FACILITIES
Subchapter I — General Provisions
DHS 83.01 Authority and purpose.
DHS 83.02 Definitions.
DHS 83.03 Variance and waiver.
Subchapter II — Licensing
DHS 83.04 Licensing categories.
DHS 83.05 Application requirements.
DHS 83.06 Program statement.
DHS 83.07 Fit and qualified.
DHS 83.08 Department action.
DHS 83.09 Biennial report and fees.
DHS 83.10 Change of ownership.
DHS 83.11 Facility closing.
DHS 83.12 Investigation, notification, and reporting requirements.
DHS 83.13 General records, retention and posting.
Subchapter III — Personnel
DHS 83.14 Licensee.
DHS 83.15 Administrator.
DHS 83.16 Employee.
DHS 83.17 Hiring and employment.
DHS 83.18 Employee records.
Subchapter IV — Orientation and Training
DHS 83.19 Orientation.
DHS 83.20 Department-approved training.
DHS 83.21 All employee training.
DHS 83.22 Task specific training.
DHS 83.23 Employee supervision.
DHS 83.24 Exemptions.
DHS 83.25 Continuing education.
DHS 83.26 Documentation.
Subchapter V — Admission, Retention and Discharge
DHS 83.27 Limitations on admissions and retentions.
DHS 83.28 Admission procedures.
DHS 83.29 Admission agreement.
DHS 83.30 Family care information and referral.
DHS 83.31 Discharge or transfer.
Subchapter VI — Resident Rights and Protections
DHS 83.32 Rights of residents.
DHS 83.33 Grievance procedure.
DHS 83.34 Resident funds.
Subchapter VII — Resident Care and Services
DHS 83.35 Assessment, individual service plan and evaluations.
DHS 83.36 Staffing requirements.
DHS 83.37 Medications.
DHS 83.38 Program services.
DHS 83.39 Infection control program.
DHS 83.40 Oxygen storage.
DHS 83.41 Food service.
DHS 83.42 Resident records.
Subchapter VIII — Physical Environment
DHS 83.43 Furnishings and equipment.
DHS 83.44 Housekeeping services.
DHS 83.45 Building maintenance and site.
DHS 83.46 Building support systems.
Subchapter IX — Safety
DHS 83.47 Fire safety requirements.
DHS 83.48 Fire protection systems.
DHS 83.49 Alternative requirements to a sprinkler system in a small class C 
CBRF.
DHS 83.50 Minimum type of construction.
DHS 83.51 Area of refuge.
Subchapter X — Building Design
DHS 83.52 Common dining and living space.
DHS 83.53 Storage areas.
DHS 83.54 Resident bedrooms.
DHS 83.55 Bath and toilet areas.
DHS 83.56 Day care.
DHS 83.57 Multiple occupancies.
DHS 83.58 Garages and utility buildings.
DHS 83.59 Exits and passageways.
DHS 83.60 Windows.
DHS 83.61 Interior surfaces.
Subchapter XI — Requirements for New Construction, Remodeling, Addi-
tions, or Newly-Licensed Existing Structures
DHS 83.62 Codes.
DHS 83.63 Plan review.
DHS 83.64 Building standards.
Note: Chapter HSS 3 as it existed on June 30, 1996 was repealed and a new chap-
ter HFS 83 was created effective July 1, 1996 and corrections were made under s. 
13.93 (2m) (b) 1., 6. and 7., Stats., Register, July, 1996, No. 487. Corrections made 
under s. 13.93 (2m) (b) 6., 7. and 14., Stats., Register, November, 1996, No. 491. 
Corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, October, 1999, 
No. 526. Chapter HFS 83 was renumbered to chapter DHS 83 under s. 13.92 (4) (b) 
1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 
2008 No. 635. Chapter DHS 83 as it existed on March 31, 2009 was repealed and a 
new chapter DHS 83 was created effective April 1, 2009, and corrections made un-
der s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.
Subchapter I — General Provisions
DHS 83.01 Authority and purpose. (1) This chapter 
is promulgated under the authority of s. 50.02 (2), Stats., to de-
velop and establish regulations and standards for the care, treat-
ment or services, and health, safety, rights, welfare, and comfort 
of residents in CBRFs.
(2) The chapter is intended to ensure all CBRFs provide a liv-
ing environment for residents that is as homelike as possible and 
is the least restrictive of each resident [s freedom; and that care 
and services a resident needs are provided in a manner that pro-
tects the rights and dignity of the resident and that encourages the 
resident to move toward functional independence in daily living 
or to maintain independent functioning to the highest possible 
extent.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.02 Definitions. In this chapter:
(1) XAbuseY has the meaning given in s. 46.90 (1), Stats.
(2) XAccessibleY means barriers are not present that prevent a 
person from entering, leaving or functioning within a CBRF 
without physical help.
(3) XActivities of daily livingY means bathing, eating, oral hy-
giene, dressing, toileting and incontinence care, mobility and 
transferring from one surface to another such as from a bed to a 
chair.
(4) XAdministratorY means an employee, including the li-
censee, or an employee designated by the licensee, who is respon-
sible for the management and day-to-day operation of the CBRF.
(5) XAdultY means an individual who is at least 18 years of 
age.
(5m) XAdvanced practice nurseY has the meaning given in s. 
N 8.02 (1).
(6) XAmbulatoryY means the ability to walk without diffi-
culty or help.
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 January 2025 No. 829
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 83.02 WISCONSIN ADMINISTRATIVE CODE 2
(7) XApartmentY means a living space with separate living, 
toileting and sleeping areas.
(8) XApplicantY means the person seeking licensure of a 
CBRF.
(9) XArea of refuge Y means a room or stairwell landing for 
residents who cannot negotiate stairs, used for safe, temporary 
refuge in a fire or other emergency to await instruction or 
assistance.
(10) XAssessmentY means gathering and analyzing informa-
tion about a prospective or existing resident[s needs and abilities.
(11) XBasementY means that portion of a building that is 
partly or completely below grade.
(12) XCare, treatment or services Y means the provision of 
personal care, supervision, supervision of medication adminis-
tration, management, or assistance to a resident by the CBRF, an 
employee, or by a person, agency or corporation affiliated with or 
under contract to the operator that is above the level of room and 
board.
(13) XCaregiverY has the meaning given in s. 50.065 (1) (ag), 
Stats.
(14) XCase managerY means a person who plans, coordinates 
and oversees the care of a resident.
(15) XChemical restraintY means a psychotropic medication 
used for discipline or convenience, and not required to treat med-
ical symptoms.
(16) XClient groupY means individuals who need similar ser-
vices because of a common disability, condition or status. Client 
groups include individuals:
(a) With functional impairments that commonly accompany 
advanced age.
(b) With irreversible dementia, such as Alzheimer[s disease.
(c) Who have a developmental disability as given in s. 51.01 
(5), Stats.
(d) Who are emotionally disturbed or who have a mental ill-
ness as given in s. 51.01 (13) (a), Stats.
(e) Who are alcoholic as given in s. 51.01 (1h), Stats., or who 
are drug dependent as defined in s. 51.01 (8), Stats.
(f) With physical disabilities.
(g) Who are pregnant and in need of counseling services.
(h) Under the legal custody of a government correctional 
agency or under the legal jurisdiction of a criminal court.
(i) Diagnosed as terminally ill.
(j) With traumatic brain injury.
(k) With acquired immunodeficiency syndrome (AIDS).
(17) XCommon dining and living space Y means areas of the 
CBRF that are available to all residents for living and dining.
(18) XCommunity-based residential facilityY or XCBRFY has 
the meaning given in s. 50.01 (1g), Stats.
(19) XDepartmentY means the Wisconsin department of 
health services.
(20) XDietary supplementY means a product taken by mouth 
that contains a dietary ingredient such as vitamins, minerals, 
herbs or other botanicals, amino acids, and substances such as en-
zymes, organ tissues, glandulars, and metabolites.
(21) XDietitianY means a person certified under subch. V of 
ch. 448, Stats.
(22) XEmployeeY means any person who works for a CBRF 
or for an entity that is affiliated with the CBRF or that is under 
contract to the CBRF, who is under direct control of the CBRF or 
corporation affiliated with the CBRF and who receives compen-
sation subject to state and federal employee withholding taxes.
(23) XHabitable floor Y means any floor level used by resi-
dents or other occupants of the CBRF, for sleeping, living, cook-
ing or dining, including a basement.
(24) XHabitable room Y means any room used for sleeping, 
living, cooking or dining, excluding enclosed places such as clos-
ets, pantries, hallways, laundries, storage spaces, utility rooms 
and administrative offices.
(25) XHorizontal evacuationY means egress travel from one 
building to an area in another building on approximately the same 
level, or egress travel through or around a wall or partition which 
affords safety from fire and smoke to an area on approximately 
the same level in the same building.
(26) XIntermediate level nursing careY means care that is re-
quired by a person who has a long-term illness or disability who 
has reached a relatively stable condition.
(27) XInvoluntary administration of psychotropic medica-
tionY means any one of the following:
(a) Placing psychotropic medication in an individual[s food or 
drink with knowledge that the individual protests receipt of the 
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.
(28) XLegal representativeY means a person who is any of the 
following:
(a) The health care agent under an activated power of attorney 
for health care under ch. 155, Stats.
(b) A person appointed as a durable power of attorney under 
ch. 244, Stats.
(c) A guardian as given in s. 54.01 (10) to (12), Stats.
(29) XMedication administrationY means the direct injection, 
ingestion or other application of a prescription or over-the-
counter drug or device to a resident by a practitioner, the practi-
tioner[s authorized agent, CBRF employees or the resident, at the 
direction of the practitioner. Medication administration does not 
include reminders to take medication.
(30) XMisappropriation of property Y has the meaning as 
given in s. DHS 13.03 (12).
(31) XNeglectY has the meaning as given in s. 46.90 (1) (f) , 
Stats.
(32) XNew construction Y means construction for the first 
time of any building or addition to an existing building on or after 
the effective date of this chapter.
(33) XNFPAY means the National Fire Protection 
Association.
(34) XNon-ambulatoryY means a person who is unable to 
walk, but who may be mobile with the help of a wheelchair or 
other mobility devices.
(35) XNursing care Y means nursing procedures, other than 
personal care, that a registered nurse or a licensed practical nurse 
performs directly on or to a resident.
(36) XOther occupant Y means any person who lives and 
sleeps in the CBRF, but who is not a resident of the CBRF.
(37) XPersonal careY means assistance with activities of daily 
living, but does not include nursing care.
(38) XPharmacistY means an individual licensed under ch. 
450, Stats.
(39) XPhysical restraintY means any manual method, article, 
device, or garment interfering with the free movement of the res-
ident or the normal functioning of a portion of the resident[s body 
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 January 2025 No. 829
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
3 DEPARTMENT OF HEALTH SERVICES DHS 83.04
or normal access to a portion of the resident [s body, and which 
the resident is unable to remove easily, or confinement of a resi-
dent in a locked room.
(40) XPractitionerY means a person licensed in Wisconsin to 
prescribe and administer drugs or licensed in another state and 
recognized by this state as a person authorized to prescribe and 
administer drugs.
(41) XPsychotropic medicationY means a prescription drug, 
as given in s. 450.01 (20), Stats., that is used to treat or manage a 
psychiatric symptom or challenging behavior.
(42) XQualified resident care staffY means an employee who 
has successfully completed all of the applicable training and ori-
entation under subch. IV.
(43) XRelativeY means a spouse, parent, stepparent, child, 
stepchild, sibling, grandchild, grandparent, aunt, uncle, niece, or 
nephew.
(44) XRemodelingY means to make over or rebuild a portion 
of a building, structure or room, thereby modifying its structural 
strength, fire hazard character, exiting, heating and ventilating 
systems, electrical system, fire alarm, and fire protection systems, 
call system, internal circulation or use as previously approved by 
the department. Construction of interior walls shall be consid-
ered remodeling. Remodeling does not include minor repairs 
necessary for the maintenance of a building such as replacing like 
components of existing systems, redecorating existing walls or re-
placing floor finishes.
(45) XResideY means the intent to remain in the CBRF per-
manently or continuously for more than 28 consecutive days.
(46) XResidentY means a person unrelated to the licensee or 
administrator who resides in the CBRF and who receives care, 
treatment or services in addition to room and board.
(47) XResident care staffY means the licensee and all employ-
ees who have one or more of the following responsibilities for 
residents: supervising a resident [s activities or whereabouts, 
managing or administering a resident [s medications, providing 
personal care or treatments for a resident, planning or conducting 
training or activity programming for a resident. Resident care 
staff does not include volunteers and employees who work exclu-
sively in the food service, maintenance, laundry service, house-
keeping, transportation, or security or clerical areas, and employ-
ees that do not work on the premises of the CBRF.
(48) XRespite careY means a person[s temporary placement in 
a CBRF for no more than 28 consecutive days for care, treatment 
or services as established by the primary care provider.
(49) XRoomY means a space that is completely enclosed by 
walls and a ceiling.
(50) XSeclusionY means physical or social separation of a res-
ident from others by actions of employees, but does not include 
separation to prevent the spread of communicable disease or vol-
untary cool-down periods in an unlocked room.
(51) XSemi-ambulatoryY means a person is able to walk with 
difficulty or only with the assistance of an aid such as crutches, 
cane or a walker.
(52) XSignificant change in a resident [s physical or mental 
conditionY means one or more of the following:
(a) Decline in a resident [s medical condition that results in 
further impairment of a long term nature.
(b) Decline in 2 or more activities of daily living.
(c) A pronounced decline in communication or cognitive 
abilities.
(d) Decline in behavior or mood to the point where relation-
ships have become problematic.
(e) Significant improvement in any of the conditions in pars. 
(a) to (d).
(53) XStandard precautionsY means measures taken to reduce 
the risk of transmission of infection from contact with blood, 
body fluids or other moist body substances including all mucous 
membranes, non-intact skin, blood, all body fluids, secretions, 
and excretions except sweat, whether or not they contain visible 
blood.
(54) XSupervisionY means oversight of a resident [s daily 
functioning, keeping track of a resident [s whereabouts and pro-
viding guidance and intervention when needed by a resident.
(55) XTerminal illnessY means a medical prognosis issued in 
writing by a physician or other qualified medical professional 
that an individual[s life expectancy is less than 12 months.
(56) XTherapeutic dietY means a food regimen ordered by a 
physician or other medical professional directed by the physician.
(57) XUnit doseY means medications packaged by a pharma-
cist in blister cards, punch cards, strip packaging, medication re-
minder boxes or other similar packaging where the medication 
dose is packaged in a pre-selected dose.
(58) XUtensilsY means dishes, silverware and pots and pans 
used for preparing, serving or consuming food.
(59) XVolunteerY means any person who provides services 
for residents without compensation, except for reimbursement of 
expenses related to services provided at the CBRF.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; correction 
in (30) made under 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; CR 10-
091: cr. (5m) Register December 2010 No. 660, eff. 1-1-11; correction in (28) (b) 
made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660; correction 
in (16) (e) made under s. 13.92 (4) (b) 7., Stats., Register January 2025 No. 829.
DHS 83.03 Variance and waiver. (1) In this section:
(a) XVarianceY means the granting of an alternate means of 
meeting a requirement in this chapter.
(b) XWaiverY means the granting of an exemption from a re-
quirement of this chapter.
(2) EXCEPTION TO A REQUIREMENT. (a) The department may 
grant a waiver or variance if the department determines that the 
proposed waiver or variance will not jeopardize the health, safety, 
welfare or rights of any resident.
(b) A written request for a waiver or variance shall be sent to 
the department and include justification that the waiver or vari-
ance will not adversely affect the health, safety or welfare of any 
resident for the requested action.
(c) A written request for a variance shall include a description 
of an alternative means planned to meet the intent of the 
requirement.
Note: Send a request for a waiver or variance of a requirement of this chapter to 
the appropriate regional office of the Department [s Division of Quality Assurance 
listed in Appendix A. Information about the Division of Quality Assurance can be 
found at: http://dhs.wi.gov/rl_dsl/bqainternet.htm
(3) The department may rescind a waiver or variance if any of 
the following occurs:
(a) The department determines the waiver or variance has ad-
versely affected the health, safety or welfare of the residents.
(b) The CBRF fails to comply with any of the conditions of 
the waiver or variance as granted.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
Subchapter II — Licensing
DHS 83.04 Licensing categories. The department 
shall license each CBRF as follows:
(1) SIZE. (a) A CBRF for 5 to 8 residents is a small CBRF.
(b) A CBRF for 9 to 20 residents is a medium CBRF.
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 January 2025 No. 829
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 83.04 WISCONSIN ADMINISTRATIVE CODE 4
(c) A CBRF for 21 or more residents is a large CBRF.
(2) CLASSIFICATION. (a) Class A ambulatory. A class A am-
bulatory CBRF serves only residents who are ambulatory and 
who are mentally and physically capable of responding to a fire 
alarm by exiting the CBRF without any help or verbal or physical 
prompting.
(b) Class A semi-ambulatory (AS). A class A semi-ambula-
tory CBRF serves only residents who are ambulatory or semi-
ambulatory and who are mentally and physically capable of re-
sponding to a fire alarm by exiting the CBRF without any help or 
verbal or physical prompting.
(c) Class A non-ambulatory (ANA). A class A non-ambula-
tory CBRF serves residents who are ambulatory, semi-ambula-
tory or non-ambulatory and who are mentally and physically ca-
pable of responding to a fire alarm by exiting the CBRF without 
any help or verbal or physical prompting.
(d) Class C ambulatory (CA). A class C ambulatory CBRF 
serves only residents who are ambulatory but one or more of 
whom are not mentally capable of responding to a fire alarm by 
exiting the CBRF without any help or verbal or physical 
prompting.
(e) Class C semi-ambulatory (CS). A class C semi-ambula-
tory CBRF serves only residents who are ambulatory or semi-
ambulatory, but one or more of whom are not physically or men-
tally capable of responding to a fire alarm by exiting the CBRF 
without help or verbal or physical prompting.
(f) Class C non-ambulatory (CNA). A class C non-ambula-
tory CBRF serves residents who are ambulatory, semi-ambula-
tory or non-ambulatory, but one or more of whom are not physi-
cally or mentally capable of responding to a fire alarm by exiting 
the CBRF without help or verbal or physical prompting.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.05 Application requirements. (1) No person 
may conduct, maintain, operate or permit to be maintained or op-
erated a CBRF unless the CBRF is licensed by the department. A 
person who assumes ownership interest in a CBRF, regardless of 
whether the transfer includes title to the real estate, or changes the 
location of the CBRF shall complete an application as required 
under sub. (2).
(2) An application for initial licensure shall be on a form pro-
vided by the department and shall be accompanied by all of the 
following:
(a) A program statement as specified under s. DHS 83.06 (1).
(b) A floor plan specifying dimensions of the CBRF, exits 
and planned room usage.
(c) A fire inspection form.
(d) All required fees.
(e) A balance sheet.
(f) Evidence that the applicant has 60 days of projected oper-
ating funds in reserve.
(g) Any additional information requested by the department.
Note: A copy of the application form, F60287, can be obtained at http://dhs.wis-
consin.gov/forms/DQAnum.asp or by contacting the Division of Quality Assurance 
Regional Office listed in Appendix A.
(3) The applicant shall provide evidence to the department 
that the license applicant has made a good faith effort to establish 
a community advisory committee under s. 50.03 (4) (g), Stats.
(4) A CBRF may not be located on a parcel of land zoned for 
commercial, industrial or manufacturing use.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09..
DHS 83.06 Program statement. (1) CONTENT. The 
program statement shall accurately include all of the following:
(a) The name of the licensee, the administrator and the staff 
position in charge when the licensee or administrator is away 
from the CBRF.
(b) Employee availability, including 24 hour staffing patterns 
and the availability of a licensed nurse, if any.
(c) The resident capacity of the CBRF.
(d) The class of the CBRF under s. DHS 83.04 (2).
(e) The client group to be served. If serving more than one 
client group, the program statement shall include an explanation 
acceptable to the department of how the client groups are com-
patible with one another.
(f) A complete description of the program goals and services 
consistent with the needs of residents.
(g) Limitations of services, including the criteria for deter-
mining who may reside in the CBRF.
(h) Respite care services, if provided.
(2) AVAILABILITY. (a) Before finalizing an agreement to pro-
vide care, the CBRF shall provide its program statement to each 
person seeking placement or to the person [s legal representative. 
CBRFs serving only clients of a government correctional agency 
are exempt from this paragraph.
(b) The program statement shall be available to employees, to 
residents and to any other person upon request.
(3) CHANGE IN PROGRAM STATEMENT. Any change in the 
program statement content under sub. (1) shall be submitted to 
the department at least 30 days before its effective date.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.07 Fit and qualified. (1) ELIGIBILITY. An ap-
plicant may not be licensed unless the department determines the 
applicant is fit and qualified to operate a CBRF.
(2) STANDARDS. In determining whether a person is fit and 
qualified, the department shall consider all of the following:
(a) Compliance history. Compliance history with Wisconsin 
or any other state [s licensing requirements and with any federal 
certification requirements, including any license revocation or 
denial.
(b) Criminal history. Arrest and criminal records, including 
any of the following:
1. Crimes or acts involving abuse, neglect or mistreatment of 
a person or misappropriation of property of the person.
2. Crimes or acts subject to elder abuse reporting under s. 
46.90, Stats.
3. Crimes or acts related to the manufacture, distribution, 
prescription, use, or dispensing of a controlled substance.
4. Fraud or substantial or repeated violations of applicable 
laws and rules in the operation of any health care facility or in the 
care of dependent persons.
5. A conviction or pending criminal charge which substan-
tially relates to the care of adults or minors, to the funds or prop-
erty of adults or minors, or to the operation of a residential or 
health care facility.
(c) Financial history. Financial stability, including:
1. Financial history and financial viability of the owner or 
related organization.
2. Outstanding debts or amounts due to the department or 
other government agencies, including unpaid forfeitures and 
fines.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.08 Department action. (1) INITIAL LICENSE. 
(a) Within 70 days after receipt of a complete application, the de-
partment shall either approve or deny the license. The initial li-
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 January 2025 No. 829
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
5 DEPARTMENT OF HEALTH SERVICES DHS 83.12
cense issued by the department to an applicant may be a proba-
tionary license.
(b) A probationary or regular license issued by the depart-
ment shall be only for the premises and persons named in the ap-
plication. A license may not be transferred or assigned.
(c) A probationary license may be valid for up to 12 months, 
unless sooner revoked.
(d) A regular license is valid until suspended or revoked by 
the department.
(2) LICENSE DENIAL. The department shall deny a probation-
ary or regular license to any applicant who does not substantially 
comply with any provision of this chapter or ch. 50, Stats., or who 
is not fit and qualified as specified in s. DHS 83.07 or who has 
failed to pay any fee or any outstanding amounts due to the de-
partment. The department shall provide the reasons for denial 
and the process for appeal of the denial in a written notice to the 
applicant.
(3) LICENSE REVOCATION. The department may revoke a li-
cense for any of the reasons and under the conditions specified 
under s. 50.03 (5g) (d) to (g), Stats.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.09 Biennial report and fees. Every 24 
months, on a date determined by the department, the licensee 
shall submit a biennial report on the form provided by depart-
ment, and shall submit payment of the license continuation fees.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.10 Change of ownership. (1) DUTIES OF THE 
TRANSFEROR. (a) The transferor shall notify the department 
within 30 days before the final change of ownership of a CBRF 
and shall include the name and contact information of the 
transferee.
(b) The transferor remains responsible for the operation of the 
CBRF until the department issues a license to the transferee, un-
less the CBRF voluntarily closes, and relocates all residents.
(c) The transferor shall disclose to the transferee any existing 
department waiver, variance or outstanding deficiencies. The 
transferee shall apply for continuation of any existing waivers or 
variances, if necessary.
(d) The transferor shall follow the requirements for transfer-
ring financial responsibility under s. DHS 83.34 (7).
(e) The transferor shall remain liable for all forfeitures as-
sessed against the facility which is imposed for violations occur-
ring prior to transfer of ownership.
(f) The transferor shall notify residents or resident[s legal rep-
resentatives no less than 7 days in advance of the transfer of 
ownership.
(2) DUTIES OF THE TRANSFEREE. (a) When there is a change 
of ownership, the transferee shall notify the department of the 
transfer, and shall submit a complete application as required un-
der s. DHS 83.05 at least 30 days prior to final transfer date.
(b) If there is less than 30 days notice given to residents of 
transfer of ownership, neither the transferor nor the transferee 
may enforce any advanced notice requirements for discharge as 
specified in any resident[s admission agreement.
(3) TRANSFERABILITY. (a) The department shall issue a li-
cense only for the premises and persons named in the license ap-
plication. A license may not be transferred or reassigned.
(b) The licensee shall notify the department in writing at least 
30 days before the effective date of any of the following changes:
1. Removing, adding or substituting an individual as a part-
ner in the association, dissolving the existing partnership and cre-
ating a new partnership.
2. Removing, adding, or substituting any member in a lim-
ited liability company.
3. Making a change in a corporate structure under which the 
same corporation no longer continues to be responsible for mak-
ing operational decisions or for the consequences of those 
decisions.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.11 Facility closing. (1) Any CBRF that in-
tends to close shall notify the department in writing at least 30 
days before closing and comply with the requirements under s. 
50.03 (5m), Stats., and s. DHS 83.31.
(2) If a CBRF is closing, intends to close, or changes its type 
or level of service or means of reimbursement and will relocate 5 
residents or 5% of the CBRF[s residents, whichever is greater, the 
CBRF shall follow the procedures under s. 50.03 (14), Stats.
(3) The CBRF shall surrender the license to the department 
when the CBRF closes.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.12 Investigation, notification, and report-
ing requirements. (1) DEATH REPORTING. (a) Resident 
death related to physical restraint, psychotropic medication or 
suicide. No later than 24 hours after the death of a resident, the 
CBRF shall report the death to the department if there is reason-
able cause to believe the death was related to the use of a physical 
restraint or psychotropic medication, or was a suicide.
(b) Resident death related to an accident or injury. When a 
resident dies as a result of an incident or accident not related to 
the use of a physical restraint, psychotropic medication, or sui-
cide, the CBRF shall send a report to the department within 3 
working days of the resident[s death.
(c) Resident death due to natural causes. A CBRF is not re-
quired to report a death to the department if the death is the result 
of natural causes, and none of the circumstances surrounding the 
death involve a condition under par. (a) or (b).
(2) INVESTIGATING AND REPORTING ABUSE, NEGLECT OR MIS-
APPROPRIATION OF PROPERTY. (a) Caregiver. 1. When a CBRF 
receives a report of an allegation of abuse or neglect of a resident, 
or misappropriation of property, the CBRF shall take immediate 
steps to ensure the safety of all residents.
2. The CBRF shall investigate and document any allegation 
of abuse or neglect of a resident, or misappropriation of property 
by a caregiver. If the CBRF[s investigation concludes that the al-
leged abuse, or neglect of a resident or misappropriation of prop-
erty meets the definition of abuse or neglect of a resident, or of 
misappropriation of property, the CBRF shall report the incident 
to the department on a form provided by the department, within 7 
calendar days from the date the CBRF knew or should have 
known about the abuse, neglect, or misappropriation of property. 
The CBRF shall maintain documentation of any investigation.
Note: For copies of the report form, contact the Division of Quality Assurance, 
Office of Caregiver Quality at P.O. Box 2969, Madison WI 53701-2969 or at 
dhs.wisconsin.gov/caregiver/index.htm.
(b) Non-caregiver or resident. When there is an allegation of 
abuse or neglect of a resident, or misappropriation of property by 
a non-caregiver or resident, the CBRF shall follow the elder 
abuse reporting requirements under s. 46.90, Stats., or the adult at 
risk requirements under s. 55.043, Stats., whichever is applicable.
(c) Other reporting. Filing a report under sub. (1) or (2) does 
not relieve the licensee or other person of any obligation to report 
an incident to any other authority, including law enforcement and 
the coroner.
(3) INVESTIGATING INJURIES OF UNKNOWN SOURCE. (a) A 
CBRF shall investigate any of the following:
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 January 2025 No. 829
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 83.12 WISCONSIN ADMINISTRATIVE CODE 6
1. An injury that was not observed by any person.
2. The source of an injury to a resident that cannot be ade-
quately explained by the resident.
3. An injury to a resident that appears suspicious because of 
the extent of the injury or the location of the injury on the 
resident.
(b) The CBRF shall maintain documentation of each investi-
gation of an injury referenced under par. (a). The CBRF shall re-
port the incident as required under sub. (2).
(4) OTHER REPORTING AND NOTIFICATION REQUIREMENTS. 
A CBRF shall send a written report to the department within 3 
working days after any of the following occurs:
(a) Any time a resident [s whereabouts are unknown, except 
those instances when a resident who is competent chooses not to 
disclose his or her whereabouts or location to the CBRF, the 
CBRF shall notify the local law enforcement authority immedi-
ately upon discovering that a resident is missing. This reporting 
requirement does not apply to residents under the jurisdiction of 
government correctional agencies or persons recovering from 
substance abuse.
(b) Any time law enforcement personnel are called to the 
CBRF as a result of an incident that jeopardizes the health, safety, 
or welfare of residents or employees. The CBRF [s report to the 
department shall provide a description of the circumstances re-
quiring the law enforcement intervention. This reporting require-
ment does not apply to residents under the jurisdiction of govern-
ment correctional agencies.
(c) Any incident or accident resulting in serious injury requir-
ing hospital admission or emergency room treatment of a 
resident.
(d) A catastrophe occurs resulting in damage to the CBRF.
(e) A fire occurs on the premises of the CBRF.
(f) Any time the CBRF must evacuate and temporarily relo-
cate residents and employees from the CBRF for reasons other 
than a fire drill.
(5) NOTIFICATION OF CHANGES AFFECTING A RESIDENT. (a) 
The CBRF shall immediately notify the resident[s legal represen-
tative and the resident[s physician when there is an incident or in-
jury to the resident or a significant change in the resident[s physi-
cal or mental condition.
(b) The CBRF shall immediately notify the resident [s legal 
representative when there is an allegation of physical, sexual or 
mental abuse, or neglect of a resident. The CBRF shall notify the 
resident[s legal representative within 72 hours when there is an 
allegation of misappropriation of property.
(c) The CBRF shall give the resident or the resident [s legal 
representative a 30-day written notice of any change in services 
available or in charges for services that will be in effect for more 
than 30 days.
(6) DOCUMENTATION. All written reports required under this 
section shall include, at a minimum, the time, date, place, indi-
viduals involved, details of the occurrence, and the action taken 
by the provider to ensure residents[ health, safety and well-being.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.13 General records, retention and posting. 
(1) GENERAL RECORDS. The CBRF shall maintain documenta-
tion of all of the following:
(a) Investigations and reports of all allegations of abuse or ne-
glect of a resident, or misappropriation property as required un-
der s. DHS 83.12 (2).
(b) Investigations and reports of all injuries of unknown 
source as required under s. DHS 83.12 (3).
(c) Employees[ schedules as required under s. DHS 83.36 (2).
(d) Maintenance of the heating system as required under s. 
DHS 83.46 (1) (c).
(e) Flue maintenance as required under s. DHS 83.46 (1) (e).
(f) Results of the annual well water testing as required under s. 
DHS 83.46 (3), if the CBRF does not use a public water supply.
(g) Dates, times and total evacuation times of quarterly fire 
drills as required under s. DHS 83.47 (2) (d).
(h) Residents [ evacuation time and type of assistance as re-
quired under s. DHS 83.47 (2) (d).
(i) Results of the annual fire inspection as required under s. 
DHS 83.47 (3).
(j) Results of the CBRF [s smoke and heat detection system 
testing as required under s. DHS 83.48 (3).
(k) Results of testing and maintenance of the smoke and heat 
detection system in a building with multiple occupancies as re-
quired under s. DHS 83.57 (1) (c).
(2) RECORDS RETENTION. (a) The CBRF shall retain all 
records required under this chapter for 2 years, unless otherwise 
specified under pars. (b) to (d).
(b) Resident records shall be retained for 7 years following the 
date of a resident[s final discharge.
(c) Employee records shall be retained for 3 years following 
an employee[s separation from employment at the CBRF.
(d) Dated menus shall be retained for 60 days.
(3) POSTING. The CBRF shall post all of the following:
(a) CBRF license, any statement of deficiency, notice of revo-
cation and any other notice of enforcement action as required un-
der s. DHS 83.14 (2) (h).
(b) House rules, resident rights and grievance procedures as 
required under s. DHS 83.32 (2) (b).
(c) The poster provided by the board on aging and long term 
care ombudsman program as required under s. DHS 83.33 (4).
(d) Activity schedule as required under s. DHS 83.38 (1) (c).
(e) The CBRF[s exit diagram as required under s. DHS 83.47 
(2) (b).
(f) Emergency phone numbers as required under s. DHS 
83.47 (2) (h).
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
Subchapter III — Personnel
DHS 83.14 Licensee. (1) QUALIFICATIONS. (a) A li-
censee shall be at least 21 years of age and be fit and qualified un-
der s. 50.03 (4), Stats., and s. DHS 83.07.
(b) A licensee shall meet the caregiver background require-
ments under s. 50.065, Stats., and ch. DHS 12.
(2) RESPONSIBILITIES. (a) The licensee shall ensure the 
CBRF and its operation comply with all laws governing the 
CBRF.
(b) The licensee shall report any change in client group in 
writing to the department at least 30 days in advance and may not 
implement the change until the licensee receives written approval 
from the department.
(c) The licensee shall report any change in capacity or class 
and may not implement the change until the licensee receives 
written approval from the department.
(d) The licensee shall provide to each resident, or the resi-
dent[s legal representative, referral agency and third party payer, a 
30-day written notice of any change in size, class or client group.
(e) The licensee shall notify the department within 7 days af-
ter there is a change in the administrator.
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 January 2025 No. 829
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
7 DEPARTMENT OF HEALTH SERVICES DHS 83.19
(f) The licensee shall ensure a copy of this chapter is in the 
CBRF.
(g) The licensee shall provide, in a format approved by the de-
partment, information required by the department to assess the 
facility[s compliance with s. 55.14, Stats., relating to involuntary 
administration of psychotropic medication to a resident.
(h) The licensee shall post the CBRF license, any statement 
of deficiency, notice of revocation and any other notice of en-
forcement action in a public area that is visually and physically 
available. A statement of deficiency shall remain posted for 90 
days following receipt. Notices of revocation and other notices of 
enforcement action shall remain posted until a final determina-
tion is made.
(i) The licensee shall make available the results of all depart-
ment license renewal surveys, monitoring visits and any com-
plaint investigations for the preceding 2 years when requested by 
any current or prospective resident, resident [s legal representa-
tive, case manager or family member.
(j) The licensee may not permit the existence or continuation 
of any condition which is or may create a substantial risk to the 
health, safety or welfare of any resident.
(k) The licensee shall ensure that the presence of other occu-
pants does not adversely affect the health, safety or welfare of 
residents.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; correction 
in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.
DHS 83.15 Administrator. (1) QUALIFICATIONS. The 
administrator of a CBRF shall be at least 21 years of age and ex-
hibit the capacity to respond to the needs of the residents and 
manage the complexity of the CBRF. The administrator shall 
have any one of the following qualifications:
(a) An associate degree or higher from an accredited college 
in a health care related field.
(b) A bachelor [s degree in a field other than in health care 
from an accredited college and one year experience working in a 
health care related field having direct contact with one or more of 
the client groups identified under s. DHS 83.02 (16).
(c) A bachelor [s degree in a field other than in health care 
from an accredited college and have successfully completed an 
assisted living administrator[s training course approved by the de-
partment or the department[s designee.
(d) At least 2 years experience working in a health care related 
field having direct contact with one or more of the client groups 
identified under s. DHS 83.02 (16) and have successfully com-
pleted an assisted living administrator[s training course approved 
by the department or the department[s designee.
(e) A valid nursing home administrator[s license issued by the 
department of safety and professional services.
(2) Persons who are the qualified administrator of record with 
the department of a CBRF on April 1, 2009, shall be exempt from 
the qualification requirements specified under sub. (1).
(3) RESPONSIBILITIES. (a) The administrator shall supervise 
the daily operation of the CBRF, including but not limited to, res-
ident care and services, personnel, finances, and physical plant. 
The administrator shall provide the supervision necessary to en-
sure that the residents receive proper care and treatment, that 
their health and safety are protected and promoted and that their 
rights are respected.
(b) The administrator shall be responsible for the training and 
competency of all employees.
(c) A qualified resident care staff shall be designated as in 
charge whenever the administrator is absent from the CBRF.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; CR 10-091: 
am. (1) (c) and (d) Register December 2010 No. 660, eff. 1-1-11; correction in (1) 
(e) made under s. 13.92 (4) (b) 6., Stats., Register December 2011 No. 672.
DHS 83.16 Employee. (1) Each employee shall have the 
skills, education, experience and ability to fulfill the employee [s 
job requirements.
(2) Resident care staff shall be at least 18 years old.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.17 Hiring and employment. (1) CAREGIVER 
BACKGROUND CHECK. At the time of hire, employment or con-
tract and every 4 years after, the licensee shall conduct and docu-
ment a caregiver background check following the procedures in s. 
50.065, Stats., and ch. DHS 12. A licensee shall not employ, con-
tract with or permit a person to reside at the CBRF if the person 
has been convicted of the crimes or offenses, or has a governmen-
tal finding of misconduct, found in s. 50.065, Stats., and ch. DHS 
12, Appendix A, unless the person has been approved under the 
department[s rehabilitation process as defined in ch. DHS 12.
(2) EMPLOYEE HEALTH COMMUNICABLE DISEASE CONTROL. 
(a) The CBRF shall obtain documentation from a physician, 
physician assistant, clinical nurse practitioner or a licensed regis-
tered nurse indicating all employees have been screened for clini-
cally apparent communicable disease including tuberculosis. 
Screening for tuberculosis shall be conducted using centers for 
disease control and prevention standards. The screening and doc-
umentation shall be completed within 90 days before the start of 
employment. The CBRF shall keep screening documentation 
confidential, except the department shall have access to the 
screening documentation for verification purposes.
(b) Employees shall be re-screened for clinically apparent 
communicable disease as described in par. (a) based on the likeli-
hood of exposure to communicable disease, including 
tuberculosis.
(c) A person who has a communicable disease shall not be 
permitted to work or be present in the CBRF if the disease would 
present a risk to the health or safety of residents.
Note: For information from the center for disease control and prevention regard-
ing screening for tuberculosis go to http://www.cdc.gov/
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; corrections 
in (1) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.
DHS 83.18 Employee records. (1) A separate record 
for each employee shall be maintained, kept current, and at a min-
imum, include:
(a) A written job description including duties, responsibilities 
and qualifications required for the employee.
(b) Beginning date of employment.
(c) Educational qualifications for administrators.
(d) A completed caregiver background check following proce-
dures under s. 50.065, Stats., and ch. DHS 12.
(e) Documentation of training, or exemption verification.
(2) Employee records shall be available upon request at the 
CBRF for review by the department.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; correction 
in (1) (d) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.
Subchapter IV — Orientation and Training
DHS 83.19 Orientation. Before an employee performs 
any job duties, the CBRF shall provide each employee with ori-
entation training which shall include all of the following:
(1) Job responsibilities.
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 January 2025 No. 829
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 83.19 WISCONSIN ADMINISTRATIVE CODE 8
(2) Prevention and reporting of resident abuse, neglect and 
misappropriation of resident property.
(3) Information regarding assessed needs and individual ser-
vices for each resident for whom the employee is responsible.
(4) Emergency and disaster plan and evacuation procedures 
under s. DHS 83.47 (2).
(5) CBRF policies and procedures.
(6) Recognizing and responding to resident changes of 
condition.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.20 Department-approved training. (1) AP-
PROVED TRAINING. (a) Training for standard precautions, fire 
safety, first aid and choking, and medication administration and 
management shall be approved by the department or designee 
and shall be provided by trainers approved by the department or 
designee. Approvals for training plans and trainers for standard 
precautions, fire safety, first aid and choking, and medication ad-
ministration and management issued before April 1, 2009, shall 
expire April 1, 2010.
(b) The CBRF shall maintain documentation of the training in 
par. (a), including the trainer approval number, the name of the 
employee, training topic and the date training was completed.
(2) APPROVED COURSES. (a) Standard precautions. All em-
ployees who may be occupationally exposed to blood, body flu-
ids or other moist body substances, including mucous mem-
branes, non-intact skin, secretions, and excretions except sweat, 
whether or not they contain visible blood shall successfully com-
plete training in standard precautions before the employee as-
sumes any responsibilities that may expose the employee to such 
material.
(b) Fire safety. Within 90 days after starting employment, all 
employees shall successfully complete training in fire safety.
(c) First aid and choking. Within 90 days after starting em-
ployment, all employees shall successfully complete training in 
first aid and procedures to alleviate choking.
(d) Medication administration and management. Any em-
ployee who manages, administers or assists residents with pre-
scribed or over-the-counter medications shall complete training 
in medication administration and management prior to assuming 
these job duties.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.21 All employee training. The CBRF shall 
provide, obtain or otherwise ensure adequate training for all em-
ployees in all of the following:
(1) RESIDENT RIGHTS. Training shall include general rights 
of residents including rights as specified under s. DHS 83.32 (3). 
Training shall be provided as applicable under ss. 50.09 and 
51.61 and chs. 54, 55, and 304, Stats., and ch. DHS 94, depending 
on the legal status of the resident or service the resident is receiv-
ing. Specific training topics shall include house rules, coercion, 
retaliation, confidentiality, restraints, self-determination, and the 
CBRF[s complaint and grievance procedures. Residents [ rights 
training shall be completed within 90 days after starting 
employment.
(2) CLIENT GROUP. (a) Training shall be specific to the client 
group served and shall include the physical, social and mental 
health needs of the client group. Specific training topics shall in-
clude, as applicable: characteristics of the client group served, ac-
tivities, safety risks, environmental considerations, disease pro-
cesses, communication skills, nutritional needs, and vocational 
abilities. Client group specific training shall be completed within 
90 days after starting employment.
(b) In a CBRF serving more than one client group, employees 
shall receive training for each client group.
(3) RECOGNIZING, PREVENTING, MANAGING AND RESPONDING 
TO CHALLENGING BEHAVIORS. Specific training topics shall in-
clude, as applicable: elopement, aggressive behaviors, destruc-
tion of property, suicide prevention, self-injurious behavior, resi-
dent supervision, and changes in condition. Challenging behav-
iors training shall be completed within 90 days after starting 
employment.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; correction 
in (1) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.
DHS 83.22 Task specific training. The CBRF shall 
provide, obtain or otherwise ensure adequate training for employ-
ees performing job duties in all of the following:
(1) ASSESSMENT OF RESIDENTS. All employees responsible 
for resident assessment shall successfully complete training in the 
assessment of residents prior to assuming these job duties. Spe-
cific training topics shall include: assessment methodology, as-
sessment of changes in condition, sources of assessment informa-
tion, and documentation of the assessment.
(2) INDIVIDUAL SERVICE PLAN DEVELOPMENT. All employ-
ees responsible for service plan development shall successfully 
complete training in individual service plan development prior to 
assuming these job duties. Specific training topics shall include: 
identification of the resident [s needs and desired outcomes, de-
velopment of goals and interventions, service plan evaluation and 
review of progress.
(3) PROVISION OF PERSONAL CARE. All employees responsi-
ble for providing assistance with activities of daily living shall 
successfully complete training prior to assuming these job duties. 
Specific training topics shall include, as appropriate: bathing, eat-
ing, dressing, oral hygiene, nail and foot care, toileting and incon-
tinence care, positioning and body alignment, and mobility and 
transferring.
(4) DIETARY TRAINING. All employees performing dietary 
duties shall complete dietary training within 90 days after assum-
ing these job duties. Specific training topics shall include: deter-
mining nutritional needs, menu planning, food preparation and 
food sanitation.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.23 Employee supervision. Until an employee 
has completed all required training, the employee shall be directly 
supervised by the administrator or by qualified resident care staff.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.24 Exemptions. (1) EXEMPTIONS FOR COM-
PLETED TRAINING. Employees who have completed department-
approved training in standard precautions, fire safety, first aid and 
choking, and medication administration and management prior to 
or on April 1, 2009, or who receive such training within one year 
after April 1, 2009, shall be exempt from the training specified 
under s. DHS 83.20 (2).
(2) GENERAL EXEMPTIONS. A practitioner, licensed pharma-
cist, registered nurse or licensed practical nurse is exempt from 
training specified in ss. DHS 83.20 (2) (a), (c) and (d), 83.21 and 
83.22.
(3) EXEMPTIONS FROM STANDARD PRECAUTIONS TRAINING. 
Except as stated in subs. (1) and (2), the following individuals are 
exempt from training in standard precautions:
(a) Emergency medical services practitioners.
(b) Employees who can provide documentation that they have 
had training from a regulated health care entity in the practice of 
standard precautions within the previous year.
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 January 2025 No. 829
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
9 DEPARTMENT OF HEALTH SERVICES DHS 83.27
(c) A nurse aide certified after 1999 and in good standing on 
the Wisconsin Nurse Aide Registry.
(4) EXEMPTIONS FROM FIRE SAFETY TRAINING. Except as 
stated under sub. (1), firefighters are exempt from training in fire 
safety.
(5) EXEMPTIONS FROM FIRST AID AND CHOKING TRAINING. 
Except as stated in subs. (1) and (2), the following individuals are 
exempt from training in first aid and choking:
(a) Emergency medical technicians.
(b) Student nurses who have successfully completed related 
training.
(6) EXEMPTIONS FROM MEDICATION ADMINISTRATION AND 
MANAGEMENT TRAINING. Except as stated under subs. (1) and 
(2), the following individuals are exempt from medication admin-
istration and management training:
(a) Nurse aides who have completed a medication aide train-
ing program and are in good standing on the Wisconsin Nurse 
Aide Registry.
(b) Student nurses currently enrolled in a nursing program 
that has successfully completed a medication administration 
course.
(c) Other licensed health care persons whose licensure and 
scope of practice allows medication administration.
Note: See ch. DHS 129 for medication aide training standards.
(7) EXEMPTIONS FROM CLIENT GROUP TRAINING, RESIDENT 
RIGHTS TRAINING, AND CHALLENGING BEHAVIOR TRAINING. Ex-
cept as specified under subs. (1) and (2), all of the following indi-
viduals are exempt from client group training, resident rights 
training and challenging behavior training:
(a) Licensed nursing home administrators.
(b) Substance abuse counselors as defined under s. SPS 
160.02 (26).
(c) Employees with a degree in social work, psychology or a 
similar human services field.
(d) Student nurses who have successfully completed related 
courses.
(e) A nurse aide in good standing on the Wisconsin Nurse 
Aide Registry.
(8) EXEMPTION FROM PROVISION OF PERSONAL CARE TRAIN-
ING. A nurse aide in good standing on the Wisconsin Nurse Aide 
Registry is exempt from provision of personal care training.
(9) EXEMPTIONS FROM ASSESSMENT AND INDIVIDUAL SER-
VICE PLAN DEVELOPMENT TRAINING. Except under subs. (1) and 
(2), the following individuals are exempt from assessment and in-
dividual service plan development training:
(a) Licensed nursing home administrators.
(b) Substance abuse counselors as defined under s. SPS 
160.02 (26).
(c) Employees with a degree in social work, psychology or a 
similar human services field.
(d) Student nurses who have successfully completed related 
courses.
(10) EXEMPTIONS FROM DIETARY TRAINING. Except under 
subs. (1) and (2), the following individuals are exempt from train-
ing in determining dietary needs, menu planning, food prepara-
tion and sanitation:
(a) Registered dietitians.
(b) Employees whose only responsibility is delivering meals.
(c) Employees who have completed an associate in applied 
science degree in culinary arts.
(d) A certified dietary manager.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; correction 
in (7) (b), (9) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 
672; CR 23-046: am. (3) (a) Register April 2024 No. 820, eff. 5-1-24.
DHS 83.25 Continuing education. The administrator 
and resident care staff shall receive at least 15 hours per calendar 
year of continuing education beginning with the first full calen-
dar year of employment. Continuing education shall be relevant 
to the job responsibilities and shall include, at a minimum, all of 
the following:
(1) Standard precautions.
(2) Client group related training.
(3) Medications.
(4) Resident rights.
(5) Prevention and reporting of abuse, neglect and 
misappropriation.
(6) Fire safety and emergency procedures, including first aid.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.26 Documentation. (1) The CBRF shall main-
tain documentation of all employee training under s. DHS 83.21 
and task specific training under s. DHS 83.22 and shall include 
the name of the employee, the name of the instructor, the dates of 
training, a description of the course content, and the length of the 
training.
(2) Employee orientation and hours of continuing education 
shall be documented in the employee[s file.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
Subchapter V — Admission, Retention and Discharge
DHS 83.27 Limitations on admissions and reten-
tions. (1) LICENSE CAPACITY. (a) No CBRF may have more 
residents, including respite care residents, than the maximum bed 
capacity on its license.
(b) The CBRF may not have more than 4 residents, or 10% of 
the licensed capacity, whichever is greater, who need more than 3 
hours of nursing care per week or care above intermediate level 
nursing care for not more than 30 days unless the facility has ob-
tained a waiver from the department or the department has re-
ceived a request for a waiver from the CBRF and the depart-
ment[s decision is pending.
(2) ADMISSION AND RETENTION LIMITATIONS. A CBRF may 
not admit or retain any of the following persons:
(a) A person who has an ambulatory or cognitive status that is 
not compatible with the license classification under s. DHS 83.04 
(2).
(b) A person who is destructive of property or self, or who is 
physically or mentally abusive to others, unless the CBRF has 
sufficient resources to care for such an individual and is able to 
protect the resident and others.
(c) A person who has physical, mental, psychiatric or social 
needs that are not compatible with the client group as described 
in the CBRF[s program statement.
(d) A person who needs more than 3 hours of nursing care per 
week except for a temporary condition needing more than 3 hours 
of nursing care per week for no more than 30 days. If the CBRF 
requests a waiver or variance, the department may grant a waiver 
or variance to this requirement, as described under s. DHS 83.03, 
if the following conditions are met:
1. The resident[s clinical condition is stable and predictable, 
does not change rapidly, and medical orders are unlikely to in-
volve frequent changes or complex modifications and the resi-
dent[s clinical condition is one that may be treatable, or the resi-
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 January 2025 No. 829
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 83.27 WISCONSIN ADMINISTRATIVE CODE 10
dent has a long-term condition needing more than 3 hours of 
nursing care per week for more than 30 days.
2. The resident is otherwise appropriate for the level of care 
provided in the CBRF.
3. The services needed to treat the resident [s condition are 
available in the CBRF.
(e) A person whose condition requires 24-hour supervision by 
a registered nurse or licensed practical nurse.
(f) A person whose condition requires care above intermedi-
ate level nursing care.
(g) A person who requires a chemical or physical restraint ex-
cept as authorized under s. 50.09 (1) (k), Stats.
(h) A person who is incapacitated, as defined under s. 50.06 
(1), Stats., unless the person has a health care agent under a valid 
and properly activated power of attorney for health care under ch. 
155, Stats., or a court appointed guardian under ch. 54, Stats., ex-
cept for the admission of an incapacitated individual who does 
not have such a legal representative, and who is admitted directly 
from the hospital according to the provision of s. 50.06, Stats.
(i) A person who resides in a CBRF licensed for 16 or more 
residents, and has been found incompetent under ch. 54, Stats., 
and does not have a court-ordered protective placement under s. 
55.12, Stats.
(3) ADMISSION OF MINORS. The CBRF may not admit a per-
son under 18 years of age without written approval of the depart-
ment and only if any of the following apply:
(a) The CBRF is also licensed under ch. DCF 57 as a group 
foster care home or under ch. DCF 52 as a residential care center 
for children and youth.
(b) The minor has been waived to an adult court under s. 
938.18, Stats.
(c) The minor is the child of an adult resident. When the mi-
nor child of an adult resident resides in a CBRF, all of the follow-
ing shall apply:
1. The adult resident retains custody and control of the child.
2. The CBRF shall have written policies related to the pres-
ence of minors in the CBRF, including policies on parental re-
sponsibility, school attendance and any care, treatment or ser-
vices provided to the minors by the CBRF.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; corrections 
in (3) (a) made under 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.
DHS 83.28 Admission procedures. (1) ASSESSMENT. 
The CBRF shall assess each resident before admission as re-
quired under s. DHS 83.35 (1).
(2) SERVICES AND CHARGES. Before or at the time of admis-
sion, the CBRF shall provide written information regarding ser-
vices available and charges for those services as required in s. 
DHS 83.29 (1).
(3) ADMISSION AGREEMENT. Before or at the time of admis-
sion, the CBRF shall provide the admission agreement as re-
quired under s. DHS 83.29 (2).
(4) HEALTH SCREENING. (a) Resident health screening. 1. 
Within 90 days before or 7 days after admission, a physician, 
physician assistant, clinical nurse practitioner or a licensed regis-
tered nurse shall screen each person admitted to the CBRF for 
clinically apparent communicable disease, including tuberculo-
sis, and document the results of the screening.
2. Screening for tuberculosis and all immunizations shall be 
conducted using centers for disease control and prevention 
standards.
3. The CBRF shall maintain the screening documentation in 
each resident[s record.
(b) Respite care health screening. 1. Within 90 days before or 
7 days after admission for persons in respite care who will reside 
in the CBRF for more than 7 days, a physician, physician assis-
tant, clinical nurse practitioner or a licensed registered nurse shall 
screen each respite care person for clinically apparent communi-
cable disease, including tuberculosis, and document the results of 
the screening.
2. If the person did not provide evidence of health screening 
required under subd. 1., prior to the second admission in a calen-
dar year of a person in respite care, a physician, physician assis-
tant, clinical nurse practitioner or a licensed registered nurse shall 
screen each respite care person for clinically apparent communi-
cable disease, including tuberculosis, and document the results of 
the screening.
3. Screening for tuberculosis and all immunizations shall be 
conducted using centers for disease control and prevention 
standards.
4. The CBRF shall maintain the screening documentation 
for each respite care person.
(5) TEMPORARY SERVICE PLAN. Upon admission, the CBRF 
shall develop a temporary service plan as required under s. DHS 
83.35 (2).
(6) RESIDENT RIGHTS, GRIEVANCE PROCEDURE AND HOUSE 
RULES. Before or at the time of admission, the CBRF shall pro-
vide and explain resident rights, the house rules of the CBRF as 
required under s. DHS 83.32 (2), and the grievance procedure, in-
cluding written information regarding the names, addresses and 
telephone numbers of all resident advocacy groups serving the 
client groups in the facility, including the long term care ombuds-
man program and the protection and advocacy services of Dis-
ability Rights Wisconsin, Inc.
(7) ADVANCED DIRECTIVES. At the time of admission, the 
CBRF shall determine if the resident has executed an advanced 
directive. An advanced directive describes, in writing, the 
choices about treatments the resident may or may not want and 
about how health care decisions should be made for the resident 
if the resident becomes incapacitated and cannot express their 
wishes. A copy of the document shall be maintained in the resi-
dent record as required under s. DHS 83.42 (1) (s). A CBRF may 
not require an advanced directive as a condition of admission or 
as a condition of receiving any health care service. An advanced 
directive may be a living will, power of attorney for health care, or 
a do-not-resuscitate order under ch. 154 or 155, Stats., or other 
authority as recognized by the courts of this state.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; CR 10-091: 
am. (7) Register December 2010 No. 660, eff. 1-1-11.
DHS 83.29 Admission agreement. (1) SERVICES AND 
CHARGES. (a) Definition. In this section, Xentrance feeY means a 
payment required for admission to the CBRF that is in addition to 
the fees for services and security deposit.
(b) Written information regarding services and charges. Be-
fore or at the time of admission, the CBRF shall provide written 
information regarding services available and the charges for those 
services to each resident, including persons admitted for respite 
care, or the resident[s legal representative. This information shall 
include any charges for services not covered by the daily or 
monthly rate, any entrance fees, assessment fees and security 
deposit.
(c) Written notice of any change in services or in charges. 
The CBRF shall give the resident or the resident[s legal represen-
tative a 30-day written notice of any change in services available 
or in charges for services that will be in effect for more than 30 
days.
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 January 2025 No. 829
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
11 DEPARTMENT OF HEALTH SERVICES DHS 83.31
(2) ADMISSION AGREEMENT REQUIREMENTS. The admission 
agreement shall be given in writing and explained orally in the 
language of the prospective resident or legal representative. Ad-
mission is contingent on a person or that person[s legal represen-
tative signing and dating an admission agreement. The admission 
agreement shall include all of the following:
(a) An accurate description of the basic services provided, the 
rate charged for those services and the method of payment.
(b) Information about all additional services offered, but not 
included in the basic services. The CBRF shall provide a written 
statement of the fees charged for each of these services.
(c) The method for notifying residents of a change in charges 
for services.
(d) Terms for resident notification to the CBRF of voluntary 
discharge. This paragraph does not apply to a resident in the cus-
tody of a government correctional agency.
(e) Terms for refunding charges for services paid in advance, 
entrance fees, or security deposits in the case of transfer, death or 
voluntary or involuntary discharge.
(f) A statement that the amount of the security deposit may 
not exceed one month[s fees for services, if a security deposit is 
collected.
(g) Terms for holding and charging for a resident[s room dur-
ing a resident[s temporary absence. This paragraph does not ap-
ply to a resident in the custody of a government correctional 
agency.
(h) Reasons and notice requirements for involuntary dis-
charge or transfer, including transfers within the CBRF. This 
paragraph does not apply to a resident in the custody of a govern-
ment correctional agency.
(3) REFUNDS. (a) The CBRF shall return all refunds due a 
resident under the terms of the admission agreement within 30 
days after the date of discharge.
(b) During the first 6 months following the date of initial ad-
mission, the CBRF shall refund the entire entrance fee when the 
resident is discharged or when the resident meets the terms for 
notification to the CBRF of voluntary discharge as contained in 
the CBRF[s admission agreement.
(4) CONFLICT WITH THIS CHAPTER. No statement of the ad-
mission agreement may be in conflict with any part of this chap-
ter, unless the department has granted a waiver or variance of a 
provision of this chapter.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.30 Family care information and referral. If 
the secretary of the department has certified that a resource cen-
ter, as defined under s. DHS 10.13 (42), is available for the facil-
ity under s. DHS 10.71, the CBRF shall provide information to 
prospective residents and refer residents and prospective residents 
to an aging and disability resource center as required under s. 
50.035 (4m) and (4n), Stats., and s. DHS 10.73.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; corrections 
made under 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; CR 23-046: am. 
Register April 2024 No. 820, eff. 5-1-24.
DHS 83.31 Discharge or transfer. (1) APPLICABILITY. 
This section applies to all resident discharges except for persons 
in respite care.
(2) EMERGENCY OR TEMPORARY TRANSFERS. If a condition 
or action of a resident requires the emergency transfer of the resi-
dent to a hospital, nursing home or other facility for treatment not 
available from the CBRF, the CBRF may not involuntarily dis-
charge the resident unless the requirements under sub. (4) are 
met.
(3) DISCHARGE OR TRANSFER INITIATED BY RESIDENT. (a) 
Any competent resident may initiate transfer or discharge at any 
time in accordance with the terms of the admission agreement if 
the resident is not in the custody of a government correctional 
agency, committed under s. 51.20, Stats., or under a court-or-
dered protective placement under s. 55.12, Stats.
(b) If a resident found incompetent under ch. 54, Stats., 
protests the resident[s admission or continued stay, the licensee or 
designee shall immediately notify the legal representative and the 
county protective services agency to obtain a determination about 
whether to discharge the resident under s. 55.055 (3), Stats.
(4) DISCHARGE OR TRANSFER INITIATED BY CBRF. (a) No-
tice and discharge requirements. 1. Before a CBRF involuntar-
ily discharges a resident, the licensee shall give the resident or le-
gal representative a 30 day written advance notice. The notice 
shall explain to the resident or legal representative the need for 
and possible alternatives to the discharge. Termination of place-
ment initiated by a government correctional agency does not con-
stitute a discharge under this section.
2. The CBRF shall provide assistance in relocating the resi-
dent and shall ensure that a living arrangement suitable to meet 
the needs of the resident is available before discharging the 
resident.
(b) Reasons for involuntary discharge. The CBRF may not 
involuntarily discharge a resident except for any of the following 
reasons:
1. Nonpayment of charges, following reasonable opportunity 
to pay.
2. Care is required that is beyond the CBRF [s license 
classification.
3. Care is required that is inconsistent with the CBRF[s pro-
gram statement and beyond that which the CBRF is required to 
provide under the terms of the admission agreement and this 
chapter.
4. Medical care is required that the CBRF cannot provide.
5. There is imminent risk of serious harm to the health or 
safety of the resident, other residents or employees, as docu-
mented in the resident[s record.
6. As provided under s. 50.03 (5m), Stats.
7. As otherwise permitted by law.
(c) Notice requirements. Every notice of involuntary dis-
charge shall be in writing to the resident or resident[s legal repre-
sentative and shall include all of the following:
1. A statement setting forth the reason and justification for 
discharge listed under par. (b).
2. A statement that the resident or the resident[s legal repre-
sentative may ask the department to review the involuntary dis-
charge by sending a written request within 10 days of receipt of 
the discharge statement to the department[s regional office with a 
copy to the CBRF. The notice shall state that the request must 
provide an explanation why the discharge should not take place.
3. The name, address and telephone number of the depart-
ment[s regional office director.
4. The name, address and telephone number of the regional 
office of the board on aging and long term care [s ombudsman 
program. For residents with developmental disability or mental 
illness, the notice shall include the name, address and telephone 
number of the protection and advocacy agency designated under 
s. 51.62 (2) (a), Stats.
(d) Department review of discharge. 1. A resident may re-
quest department review of an involuntary discharge within 10 
days of receipt of such notice. If a timely request is sent to the de-
partment, the CBRF may not proceed with an involuntary dis-
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 January 2025 No. 829
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 83.31 WISCONSIN ADMINISTRATIVE CODE 12
charge until the department has completed its review and notified 
the resident or the resident[s legal representative and the CBRF of 
the department[s decision.
2. Within 7 days after receiving the copy of the letter request-
ing the review, the CBRF may provide to the department [s re-
gional office, additional information justifying the discharge.
3. The department shall complete its review within 10 days 
after the CBRF submits additional information under subd. 2., if 
any, and will notify in writing the resident or the resident [s legal 
representative and the CBRF of the department[s decision.
Note: See Appendix A for the addresses and phone numbers of the Department[s 
Division of Quality Assurance, Bureau of Assisted Living regional offices.
(e) Coercion and retaliation prohibited. Any form of coer-
cion to discourage or prevent a resident or legal representative 
from requesting a department review of any notice of involuntary 
discharge is prohibited. Any form of retaliation against a resident 
or legal representative for requesting a department review, or 
against an employee who assists in submitting a request for de-
partment review or otherwise provides assistance with a request 
for review, is prohibited.
(5) REMOVAL OR DISPOSAL OF RESIDENT[S BELONGINGS. If a 
resident or the resident[s representative does not remove the resi-
dent[s belongings within 30 days after discharge, the CBRF may 
dispose of the belongings. This subsection does not apply to a 
resident who absconds from the CBRF and who is under the cus-
tody of a government correctional agency or under the legal juris-
diction of a criminal court and for whom there is an apprehension 
order.
(6) DISBURSEMENT OF FUNDS. (a) The CBRF shall return all 
refunds due a resident within 30 days of the date of discharge as 
required under s. DHS 83.29 (3).
(b) The CBRF shall return all resident funds held by the 
CBRF to the resident or the resident[s legal representative within 
14 days after discharge as required under s. DHS 83.34 (4).
(7) INFORMATION PROVIDED AT THE TIME OF TRANSFER OR 
DISCHARGE. At the time of a resident[s transfer or discharge, the 
CBRF shall inform the resident or the resident[s legal representa-
tive and the resident[s new place of residence that all of the fol-
lowing information is available in writing upon request:
(a) Facility information. The name and address of the CBRF, 
the dates of admission, and discharge or transfer, and the name 
and address of a person to contact for additional information.
(b) Medical providers. Names and addresses of the resident[s 
physician, dentist and other medical care providers.
(c) Emergency contacts. Names and addresses of the resi-
dent[s relatives or legal representative to contact in case of 
emergency.
(d) Other contacts. Names and addresses of the resident[s sig-
nificant social or community contacts.
(e) Assessment and individual service plan. The resident[s as-
sessment and individual service plan, or a summary of each.
(f) Medical needs. The resident[s current medications and di-
etary, nursing, physical and mental health needs, if not included 
in the assessment or individual service plan.
(g) Reason for discharge or transfer. The reason for the resi-
dent[s discharge or transfer.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
Subchapter VI — Resident Rights and Protections
DHS 83.32 Rights of residents. (1) LEGAL RIGHTS. 
(a) Section 50.09, Stats., establishes specific rights for CBRF 
residents and prescribes mechanisms to resolve resident com-
plaints and to hold the CBRF licensee accountable for violating 
resident rights. Other statutes, such as s. 51.61 and chs. 54, 55, 
155 and 304, Stats., and ch. DHS 94 may further clarify or condi-
tion a particular resident[s right, depending on the legal status of 
the resident or a service received by the resident. The licensee 
shall comply with all applicable statutes and rules.
(b) The licensee shall protect the civil rights of residents as 
these rights are defined in the U.S. Constitution, the Wisconsin 
Constitution, the Civil Rights Act of 1964, Title VIII of the Civil 
Rights Act of 1968, Section 504 of the Rehabilitation Act of 
1973, the Fair Housing Amendments Act of 1988, the Americans 
with Disabilities Act of 1990, and all other applicable federal and 
state statutes.
(2) EXPLANATION OF RESIDENT RIGHTS, GRIEVANCE PROCE-
DURE AND HOUSE RULES. (a) Before the admission agreement is 
signed by the resident or the resident [s legal representative or at 
the time of admission, the CBRF shall provide a copy of and ex-
plain resident rights, the grievance procedure under s. DHS 83.33 
and the house rules to the person being admitted, the person[s le-
gal representative, and family members of the person. The resi-
dent or the resident[s legal representative shall be asked to sign a 
statement to acknowledge the receipt of an explanation of resi-
dent rights. The CBRF shall document the date and to whom the 
information was provided.
(b) The CBRF shall post copies of resident rights, grievance 
procedure and house rules in a prominent public place available 
to residents, employees and guests.
(3) RIGHTS OF RESIDENTS. Any form of coercion to discour-
age or prevent a resident or the resident [s legal representative 
from exercising any of the rights under this subchapter is prohib-
ited. Any form of retaliation against a resident or the resident [s 
legal representative for exercising any of the rights in this sub-
chapter, or against an employee or any other person who assists a 
resident or the resident [s legal representative in the exercise of 
any of the resident rights in this subchapter, is prohibited. The 
rights established under this subsection do not apply to a resident 
in the legal custody of a government correctional agency, except 
as determined by a government correctional agency. In addition 
to the rights under s. 50.09, Stats., each resident shall have all of 
the following rights:
(a) Communications. Make and receive telephone calls 
within reasonable limits and in privacy. The CBRF shall provide 
at least one non-pay telephone for resident use. The CBRF may 
require residents who make long distance calls to do so at the res-
ident[s own expense.
(b) Confidentiality. Confidentiality of health and personal in-
formation and records, and the right to approve or refuse release 
of that information to any individual outside the CBRF, except 
when the resident is transferred to another facility or as required 
by law or third-party payment contracts and except as provided in 
s. 146.82 (2) and (3), Stats. The CBRF shall make the record 
available to the resident or the resident [s legal representative for 
review. Copies of the record shall be made available within 30 
days, if requested in writing, at a cost no greater than the cost of 
reproduction.
(c) Free from labor. Not be required by the CBRF to perform 
labor that is of any financial benefit to the CBRF. The CBRF 
may require personal housekeeping of the resident without com-
pensation if it is for therapeutic purposes and is part of, and 
clearly identified in the resident[s individual service plan.
(d) Freedom from mistreatment. Be free from physical, sex-
ual and mental abuse and neglect, and from financial exploitation 
and misappropriation of property.
(e) Freedom from seclusion. Be free from seclusion.
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 January 2025 No. 829
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
13 DEPARTMENT OF HEALTH SERVICES DHS 83.34
(f) Freedom from chemical restraints. Be free from all chem-
ical restraints.
(g) Freedom from physical restraints. Be free from physical 
restraints except upon prior review and approval by the depart-
ment upon written authorization from the resident [s primary 
physician or advanced practice nurse prescriber as defined in s. N 
8.02 (2). The department may place conditions on the use of a re-
straint to protect the health, safety, welfare and rights of the 
resident.
(h) Receive medication. Receive all prescribed medications in 
the dosage and at intervals prescribed by a practitioner. The resi-
dent has the right to refuse medication unless the medication is 
court ordered.
(i) Prompt and adequate treatment. Receive prompt and ade-
quate treatment that is appropriate to the resident[s needs.
(j) Treatment options. Participate in the planning of care and 
treatment, be fully informed of care and treatment options and 
have the right to refuse any form of care or treatment unless the 
care or treatment has been ordered by a court.
(k) Self-determination. Make decisions relating to care, activ-
ities, daily routines and other aspects of life which enhance the 
resident[s self reliance and support the resident [s autonomy and 
decision making.
(L) Least restrictive environment. Have the least restrictive 
conditions necessary to achieve the purposes of the resident[s ad-
mission. The CBRF may not impose a curfew, rule or other re-
striction on a resident[s freedom of choice.
(m) Recording, filming, photographing. Not be recorded, 
filmed or photographed without informed, written consent by the 
resident or resident[s legal representative. The CBRF may take a 
photograph for identification purposes. The department may 
photograph, record or film a resident pursuant to an inspection or 
investigation under s. 50.03 (2), Stats., without his or her written 
informed consent.
(n) Safe environment. Live in a safe environment. The CBRF 
shall safeguard residents from environmental hazards to which it 
is likely the residents will be exposed, including both conditions 
that are hazardous to anyone and conditions that are hazardous to 
the resident because of the residents[ conditions or disabilities.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; correction 
in (1) (a) made under 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.
DHS 83.33 Grievance procedure. (1) A CBRF shall 
have a written grievance procedure and shall provide a copy to 
each resident and the resident [s legal representative before or at 
the time of admission. The grievance procedure shall specify all 
of the following:
(a) A resident or any individual on behalf of the resident may 
file a grievance with the CBRF, the department, the resident [s 
case manager, if any, the board on aging and long term care, Dis-
ability Rights Wisconsin, Inc., or any other organization provid-
ing advocacy assistance. The resident and the resident [s legal 
representative shall have the right to advocate throughout the 
grievance procedure. The written grievance procedure shall in-
clude the name, address and phone number of organizations pro-
viding advocacy for the client groups served, and the name, ad-
dress and phone number of the department [s regional office that 
licenses the CBRF.
(b) Any person investigating the facts associated with a griev-
ance shall not have had any involvement in the issue leading to 
the grievance.
(c) Any form of coercion to discourage or prevent any individ-
ual from filing a grievance or in retaliation for having filed a 
grievance is prohibited.
(d) The CBRF shall provide a written summary of the griev-
ance, the findings and the conclusions and any action taken to the 
resident or the resident [s legal representative and the resident [s 
case manager . The CBRF shall maintain a copy of the 
investigation.
(2) The CBRF shall follow the grievance procedures under s. 
DHS 94.40 for any resident placed or funded by a county depart-
ment of social services under s. 46.21 or 46.22, Stats., a county 
department of human services under s. 46.23, Stats., a county de-
partment of community programs, under s. 51.42, Stats., a county 
department of developmental disabilities services under s. 
51.437, Stats., or for any resident who is receiving protective ser-
vices or protective placement under ch. 55, Stats.
(3) The CBRF shall assist residents with grievance proce-
dures as required under this section.
(4) The CBRF shall post in a conspicuous location in the 
CBRF a poster provided by the board on aging and long term care 
ombudsman program, concerning the long-term care ombuds-
man program under s. 16.009 (2) (b), Stats. The poster shall in-
clude the name, address and telephone number of the ombuds-
man[s office. This requirement does not apply to those facilities 
exclusively licensed to serve clients under the jurisdiction of a 
government correctional agency.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; correction 
in (2) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.
DHS 83.34 Resident funds. (1) AUTHORIZATION. Ex-
cept for a resident in the custody of a government correctional 
agency, the CBRF may not obtain, hold, or spend a resident [s 
funds without written authorization from the resident or the resi-
dent[s legal representative. The resident or the resident [s legal 
representative may limit or revoke authorization at any time by 
writing a statement that shall specify the effective date of the lim-
itation or revocation.
(2) FUNDS UNDER $200. (a) Upon written authorization, a 
CBRF may hold no more than $200 cash for use by the resident. 
The CBRF may not commingle residents[ funds with the funds or 
property of the CBRF, the licensee, employees, or relatives of the 
licensee or employees.
(b) The CBRF shall have a legible, accurate accounting 
method for tracking residents[ cash and shall include a record of 
any deposits, disbursements and earnings made to or on behalf of 
the resident. The CBRF shall provide a receipt to the resident or 
the resident[s legal representative for all expenditures in excess of 
$20.
(c) The CBRF shall provide a written report of the resident [s 
account to the resident or the resident [s legal representative at 
least every 6 months. Upon written request from the resident or 
resident[s legal representative, the CBRF shall provide a written 
monthly account of any financial transactions.
(3) FUNDS IN EXCESS OF $200. A CBRF receiving more than 
$200 of personal funds from a resident shall deposit funds in ex-
cess of $200 in an interest-bearing account in the resident[s name 
in a savings institution insured by an agency of, or a corporation 
chartered by, this state or the United States.
(4) FINAL ACCOUNTING. Within 14 days after a resident is 
discharged, the CBRF shall provide to the resident or the resi-
dent[s legal representative a written final accounting of all the 
resident[s funds held by the CBRF and shall disburse any remain-
ing money to the resident or to the resident[s legal representative.
(5) LIMITATIONS. (a) No CBRF licensee, administrator or 
employee may do any of the following:
1. Sell to or purchase from a resident or prospective resident, 
real or personal property.
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 January 2025 No. 829
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 83.34 WISCONSIN ADMINISTRATIVE CODE 14
2. Accept or borrow money from a resident or prospective 
resident.
3. Be appointed as power of attorney for any resident unless 
related to the resident by blood or adoption.
4. Accept gifts from a resident except for gifts of nominal 
value.
(b) No CBRF, nor any employee on behalf of the CBRF, may 
accept donations from any resident, except those made by a com-
petent resident or made with the knowledge of the resident[s legal 
representative acting within the scope of their authority and only 
for the benefit of the CBRF . No employee may accept personal 
gifts, including monetary gifts, from a resident.
(6) SECURITY DEPOSIT. (a) If a CBRF collects a security de-
posit, the funds shall be deposited in an interest-bearing account 
insured by an agency of, or a corporation chartered by, this state 
or the United States.
(b) The amount of the security deposit shall not exceed one 
month[s fees for services.
(c) The CBRF shall keep the security deposit account sepa-
rate from other funds of the CBRF.
(d) Within 30 days after the resident[s discharge, the security 
deposit and any interest earned shall be paid to the person who 
made the security deposit. Interest paid shall be the actual inter-
est earned.
(7) TRANSFER OF FINANCIAL RESPONSIBILITY. When a 
change of ownership of the CBRF occurs, the transferor shall:
(a) Notify the transferee in writing of any financial relation-
ships between the transferor and residents.
(b) Notify each resident or legal representative in writing 
where any financial relationship exists between the transferor and 
residents of the pending transfer.
(8) AUDIT. A CBRF handling residents[ funds under this sec-
tion is subject to an accounting audit as ordered by the depart-
ment. The accounting audit shall be completed by a certified 
public accountant paid for by the CBRF.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
Subchapter VII — Resident Care and Services
DHS 83.35 Assessment, individual service plan 
and evaluations. (1) ASSESSMENT. (a) Scope. The CBRF 
shall assess each resident [s needs, abilities, and physical and 
mental condition before admitting the person to the CBRF, when 
there is a change in needs, abilities or condition, and at least an-
nually. The assessment shall include all areas listed under par. 
(c). This requirement includes individuals receiving respite care 
in the CBRF. For emergency admissions the CBRF shall conduct 
the assessment within 5 days after admission.
(b) Information gathering. The CBRF shall base the assess-
ment on the current diagnostic, medical and social history ob-
tained from the person[s health care providers, case manager and 
other service providers. Other service providers may include a 
psychiatrist, psychologist, licensed therapist, counselor, occupa-
tional therapist, physical therapist, pharmacist or registered 
nurse. The administrator or designee shall hold a face-to-face in-
terview with the person and the person [s legal representative, if 
any, and family members, as appropriate, to determine what the 
person views as his or her needs, abilities, interests, and 
expectations.
(c) Areas of assessment. The assessment, at a minimum, shall 
include all of the following areas applicable to the resident:
1. Physical health, including identification of chronic, short-
term and recurring illnesses, oral health, physical disabilities, 
mobility status and the need for any restorative or rehabilitative 
care.
2. Medications the resident takes and the resident[s ability to 
control and self-administer medications.
3. Presence and intensity of pain.
4. Nursing procedures the resident needs and the number of 
hours per week of nursing care the resident needs.
5. Mental and emotional health, including the resident[s self-
concept, motivation and attitudes, symptoms of mental illness 
and participation in treatment and programming.
6. Behavior patterns that are or may be harmful to the resi-
dent or other persons, including destruction of property.
7. Risks, including, choking, falling, and elopement.
8. Capacity for self-care, including the need for any personal 
care services, adaptive equipment or training.
9. Capacity for self-direction, including the ability to make 
decisions, to act independently and to make wants or needs 
known.
10. Social participation, including interpersonal relation-
ships, communication skills, leisure time activities, family and 
community contacts and vocational needs.
(d) Assessment documentation. The CBRF shall prepare a 
written report of the results of the assessment and shall retain the 
assessment in the resident[s record.
(2) TEMPORARY SERVICE PLAN. Upon admission, the CBRF 
shall prepare and implement a written temporary service plan to 
meet the immediate needs of the resident, including persons ad-
mitted for respite care, until the individual service plan under sub. 
(3) is developed and implemented.
(3) COMPREHENSIVE INDIVIDUAL SERVICE PLAN. (a) Scope. 
Within 30 days after admission and based on the assessment un-
der sub. (1), the CBRF shall develop a comprehensive individual 
service plan for each resident. The individual service plan shall 
include all of the following:
1. Identify the resident[s needs and desired outcomes.
2. Identify the program services, frequency and approaches 
under s. DHS 83.38 (1) the CBRF will provide.
3. Establish measurable goals with specific time limits for 
attainment.
4. Specify methods for delivering needed care and who is re-
sponsible for delivering the care.
(b) Development. The CBRF shall involve the resident and 
the resident[s legal representative, as appropriate, in developing 
the individual service plan and the resident or the resident[s legal 
representative shall sign the plan acknowledging their involve-
ment in, understanding of and agreement with the plan. If a resi-
dent has a medical prognosis of terminal illness, a hospice pro-
gram or home health care agency, as identified in s. DHS 83.38 
(2) shall, in cooperation with the CBRF, coordinate the develop-
ment of the individual service plan and its approval under s. DHS 
83.38 (2) (b). The resident[s case manager, if any, and any health 
care providers, shall be invited to participate in the development 
of the service plan.
(c) Implementation. The CBRF shall implement and follow 
the individual service plan as written.
(d) Individual service plan review. Annually or when there is 
a change in a resident[s needs, abilities or physical or mental con-
dition, the individual service plan shall be reviewed and revised 
based on the assessment under sub. (1). All reviews of the indi-
vidual service plan shall include input from the resident or legal 
representative, case manager, resident care staff, and other ser-
vice providers as appropriate. The resident or resident [s legal 
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 January 2025 No. 829
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
15 DEPARTMENT OF HEALTH SERVICES DHS 83.37
representative shall sign the individual service plan, acknowledg-
ing their involvement in, understanding of and agreement with 
the individual service plan.
(e) Documentation of review. The CBRF shall document any 
changes made as a result of the comprehensive individual service 
plan review.
(f) Availability. All employees who provide resident care and 
services shall have continual access to the resident [s assessment 
and individual service plan.
(4) SATISFACTION EVALUATION. At least annually, the CBRF 
shall provide the resident and the resident [s legal representative 
the opportunity to complete an evaluation of the resident [s level 
of satisfaction with the CBRF[s services. The evaluation shall be 
completed on either a department form or a form developed by 
the CBRF and approved by the department.
Note: The CBRF Resident Satisfaction Evaluation form, F62372, can be found at 
http://dhs.wisconsin.gov/forms/DQAnum.asp or by contacting the Division of 
Quality Assurance Regional Office listed in Appendix A.
(5) EVALUATION OF RESIDENT EVACUATION LIMITATIONS. 
(a) Initial evaluation. The CBRF shall evaluate each resident 
within 3 days of the resident [s admission to determine whether 
the resident is able to evacuate the CBRF within 2 minutes in an 
unsprinklered CBRF and 4 minutes in a sprinklered CBRF with-
out any help or verbal or physical prompting, and what type of 
limitations that resident may have that prevent the resident from 
evacuating the CBRF within the applicable period of time. A 
form provided by the department shall be used for the evaluation. 
The resident [s evaluation shall be retained in the resident [s 
record.
Note: The Resident Evacuation Assessment form, F62373, can be found at 
http://dhs.wisconsin.gov/forms/DQAnum.asp or by contacting the Division of 
Quality Assurance Regional Office listed in Appendix A.
(b) Evaluation update. The CBRF shall evaluate each resi-
dent[s mental or physical capability to respond to a fire alarm at 
least annually or when there is a change in the resident [s mental 
or physical capability to respond to a fire alarm.
(c) Notice to employees. The CBRF shall notify each em-
ployee who works on the premises of the CBRF of each resident 
who needs more than 2 minutes to evacuate the CBRF and the 
type of assistance the resident needs to be evacuated.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; CR 10-091: 
am. (1) (a) Register December 2010 No. 660, eff. 1-1-11.
DHS 83.36 Staffing requirements. (1) ADEQUATE 
STAFFING. (a) The CBRF shall provide employees in sufficient 
numbers on a 24-hour basis to meet the needs of the residents.
(b) The CBRF shall ensure all of the following:
1. An administrator or other designated qualified resident 
care staff in charge is on the premises of the CBRF daily to en-
sure the CBRF is providing safe and adequate care, treatment and 
services.
2. At least one qualified resident care staff is present in the 
CBRF when one or more residents are present in the CBRF.
3. At least one qualified resident care staff is on duty and 
awake if at least one resident in the CBRF is in need of supervi-
sion, intervention or services on a 24-hour basis to prevent, con-
trol or improve the resident [s constant or intermittent mental or 
physical condition that may occur or may become critical at any 
time including residents who are at risk of elopement, who have 
dementia, who are self-abusive, who become agitated or emo-
tionally upset or who have changing or unstable health conditions 
that require close monitoring.
4. At least one qualified resident care staff is on duty and 
awake if the evacuation capability of at least one resident is 4 
minutes or more.
(c) When all of the residents are away from the CBRF, at least 
one qualified resident care staff shall be on call to provide cover-
age if a resident needs to return to the CBRF before the regularly 
scheduled return time. The CBRF shall provide each resident or 
the off-site location a means of contacting the resident care staff 
who is on call.
(2) STAFFING SCHEDULE. The CBRF shall maintain a current 
written schedule for staffing the CBRF. The schedule shall in-
clude each employee [s full name, job assignment and time 
worked.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.37 Medications. (1) GENERAL REQUIREMENTS. 
(a) Practitioner[s order. There shall be a written practitioner [s 
order in the resident [s record for any prescription medication, 
over-the-counter medication or dietary supplements administered 
to a resident.
(b) Medications. Prescription medications shall come from a 
licensed pharmacy or a physician and shall have a label perma-
nently attached to the outside of the container. Over-the-counter 
medications maintained in the manufacturer [s container shall be 
labeled with the resident [s name. Over-the-counter medications 
not maintained in the manufacturer [s container shall be labeled 
by a pharmacist.
(c) Packaging. The CBRF shall develop and implement a pol-
icy that identifies the medication packaging system used by the 
CBRF. Any pharmacy selected by the resident whose medica-
tions are administered by CBRF employees shall meet the medi-
cation packaging system chosen by the CBRF. This does not ap-
ply to residents who self administer medications.
(d) Documentation. As required in s. DHS 83.42 (1) (m) , 
when a resident is taking prescription or over-the-counter medi-
cations or dietary supplements, the resident[s record shall include 
a current list of the type and dosage of medications or supple-
ments, directions for use, and any change in the resident [s 
condition.
(e) Medication Regimen Review. 1. If residents[ medications 
are administered by a CBRF employee, the CBRF shall arrange 
for a pharmacist or a physician to review each resident[s medica-
tion regimen. This review shall occur within 30 days before or 30 
days after the resident [s admission, whenever there is a signifi-
cant change in medication, and at least every 12 months.
2. At least annually, the CBRF shall have a physician, phar-
macist, or registered nurse conduct an on-site review of the 
CBRF[s medication administration and medication storage 
systems.
3. The CBRF shall obtain a written report of findings under 
subds. 1. and 2., and address any irregularities for appropriate ac-
tion. When the review is done by someone other than the pre-
scribing practitioner, the prescribing practitioner shall receive a 
copy of the report when there are irregularities identified with the 
resident[s medication regimen, which may need physician in-
volvement to address.
(f) More than one practitioner. 1. When an employee of the 
CBRF administers a resident [s medication, the CBRF shall pro-
vide a list of the resident [s current medications to all practition-
ers. If this information is not provided before a prescription is 
written, the CBRF shall update the resident [s primary practi-
tioner or pharmacist before the administration of any new 
medication.
2. When a resident self administers medications, the CBRF 
shall provide a list of the resident [s current medications for the 
resident to provide to all practitioners.
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 January 2025 No. 829
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 83.37 WISCONSIN ADMINISTRATIVE CODE 16
(g) Disposition of medications. 1. When a resident is dis-
charged, the resident [s medications shall be sent with the 
resident.
2. If a resident [s medication has been changed or discontin-
ued, the CBRF may retain a resident [s medication for no more 
than 30 days unless an order by a physician or a request by a phar-
macist is written every 30 days to retain the medication.
3. The CBRF shall develop and implement a policy for dis-
posing unused, discontinued, outdated, or recalled medications in 
compliance with federal, state and local standards or laws. The 
CBRF shall arrange for the stored medications to be destroyed in 
compliance with standard practices. Medications that cannot be 
returned to the pharmacy shall be separated from other medica-
tion in current use in the facility and stored in a locked area, with 
access limited to the administrator or designee. The administra-
tor or designee and one other employee shall witness, sign, and 
date the record of destruction. The record shall include the med-
ication name, strength and amount.
(h) Scheduled psychotropic medications. When a psy-
chotropic medication is prescribed for a resident, the CBRF shall 
do all of the following:
1. Ensure the resident is reassessed by a pharmacist, practi-
tioner or registered nurse, as needed, but at least quarterly for the 
desired responses and possible side effects of the medication. 
The results of the assessments shall be documented in the resi-
dent[s record as required under s. DHS 83.42 (1) (q).
2. Ensure all resident care staff understands the potential 
benefits and side effects of the medication.
(i) As needed (PRN) psychotropic medication. When a psy-
chotropic medication is prescribed on an as needed basis for a 
resident, the CBRF shall do all of the following:
1. The resident[s individual service plan shall include the ra-
tionale for use and a detailed description of the behaviors which 
indicate the need for administration of PRN psychotropic 
medication.
2. The administrator or qualified designee shall monitor at 
least monthly for the inappropriate use of PRN psychotropic 
medication, including but not limited to, use contrary to the indi-
vidual service plan, presence of significant adverse side effects, 
use for discipline or staff convenience, or contrary to the intended 
use.
3. Documentation in the resident [s record shall include the 
rationale for use, description of behaviors requiring the PRN psy-
chotropic medication, the effectiveness of the medication, the 
presence of any side effects, and monitoring for inappropriate use 
for each PRN psychotropic medication given.
(j) Proof-of-use record. The CBRF shall maintain a proof-of-
use record for schedule II drugs, subject to 21 USC 812 (c), and 
Wisconsin[s uniform controlled substances act, ch. 961, Stats., 
that contains the date and time administered, the resident[s name, 
the practitioner[s name, dose, signature of the person administer-
ing the dose, and the remaining balance of the drug. The admin-
istrator or designee shall audit, sign and date the proof-of-use 
records on a daily basis.
(k) Medication error or adverse reaction. 1. The CBRF shall 
document in the resident[s record any error in the administration 
of prescription or over-the-counter medication, known adverse 
drug reaction or resident refusal to take medication.
2. The CBRF shall report all errors in the administration of 
medication and any adverse drug reactions to a licensed practi-
tioner, supervising nurse or pharmacist immediately. Unless oth-
erwise directed by the prescribing practitioner, the CBRF shall 
report to the prescribing practitioner, supervising nurse or phar-
macist as soon as possible after the resident refuses a medication 
for 2 consecutive days.
(L) Medication information. The CBRF shall make available 
written information to resident care staff on the purpose and side 
effects of medications taken by residents.
(2) MEDICATION ADMINISTRATION. (a) Self-administered by 
resident. 1. The resident shall self-administer prescribed and 
over-the-counter medications and dietary supplements, unless the 
resident has been found incompetent under ch. 54, Stats., or does 
not have the physical or mental capacity to self-administer as de-
termined by the resident [s physician, or the resident requests in 
writing that CBRF employees manage and administer 
medication.
2. Except as specified under sub. (4), when a resident self-ad-
ministers medications, prescribed and over-the-counter medica-
tions and dietary supplements shall remain under the control of 
the resident. The CBRF shall provide a secure place for the stor-
age of medications in the resident[s room.
3. A resident with the mental and physical capacity to de-
velop increased independence in medication administration shall 
receive self-administration instruction.
(b) Medication administration supervised by a registered 
nurse, practitioner or pharmacist. When medication administra-
tion is supervised by a registered nurse, practitioner or pharma-
cist, the CBRF shall ensure all of the following:
1. The registered nurse, practitioner or pharmacist coordi-
nates, directs and inspects the administration of medications and 
the medication administration system.
2. The registered nurse, practitioner or pharmacist partici-
pates in the resident[s assessment under s. DHS 83.35 (1) and de-
velopment and review of the individual service plan under s. 
DHS 83.35 (3) regarding the resident[s medical condition and the 
goals of the medication regimen.
(c) Medication administration not supervised by a registered 
nurse, practitioner or pharmacist. When medication administra-
tion is not supervised by a registered nurse, practitioner or phar-
macist, the CBRF shall arrange for a pharmacist to package and 
label a resident[s prescription medications in unit dose. Medica-
tions available over-the-counter may be excluded from unit dose 
packaging requirements, unless the physician specifies unit dose.
(d) Documentation of medication administration. As re-
quired under s. DHS 83.42 (1) (o), at the time of medication ad-
ministration, the person administering the medication or treat-
ment shall document in the resident record the name, dosage, date 
and time of medication taken or treatments performed and initial 
the medication administration record. Any side effects observed 
by the employee or symptoms reported by the resident shall be 
documented. The need for any PRN medication and the resi-
dent[s response shall be documented.
(e) Other administration. Injectables, nebulizers, stomal and 
enteral medications, and medications, treatments or preparations 
delivered vaginally or rectally shall be administered by a regis-
tered nurse or by a licensed practical nurse within the scope of 
their license. Medication administration described under sub. (2) 
(e) may be delegated to non-licensed employees pursuant to s. N 
6.03 (3).
(3) MEDICATION STORAGE. (a) Original containers. The 
CBRF shall keep medications in the original containers and not 
transfer medications to another container, unless the CBRF com-
plies with all of the following:
1. Transfer of medications from the original container to an-
other container shall be done by a practitioner, registered nurse, 
or pharmacist. Transfer of medication to another container may 
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 January 2025 No. 829
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
17 DEPARTMENT OF HEALTH SERVICES DHS 83.39
be delegated to other personnel by a practitioner, registered nurse 
or pharmacist.
2. If a medication is administered by CBRF employees and 
the medication is transferred from the original container by a reg-
istered nurse, or practitioner or other personnel who were dele-
gated the task, the CBRF shall have a legible label on the new 
container that includes, at a minimum, the resident[s name, med-
ication name, dose and instructions for use. The CBRF shall 
maintain the original pharmacy container until the transferred 
medication is gone.
(b) Unit dose packaging. For use during unplanned or non-
routine events or activities, employees who have completed med-
ication administration training as required in s. DHS 83.20 (2) (d) 
may transfer unit doses of medications into packages for the 
resident.
(c) Administered by facility. The CBRF shall keep medicine 
cabinets locked and the key available only to personnel identified 
by the CBRF.
(d) Refrigeration. Medications stored in a common refrigera-
tor shall be properly labeled and stored in a locked box.
(e) Proximity to chemicals. The CBRF may not store pre-
scription and over-the-counter medications or dietary supple-
ments next to chemicals or other contaminants.
(f) Internal and external application. The CBRF shall physi-
cally separate medications for internal consumption from medi-
cations for external application.
(g) Controlled substances. The CBRF shall provide sepa-
rately locked and securely fastened boxes or drawers or perma-
nently fixed compartments within the locked medications area 
for storage of schedule II drugs subject to 21 USC 812 (c), and 
Wisconsin[s uniform controlled substances act, ch. 961, Stats.
(4) EXEMPTIONS. Any CBRF that exclusively serves resi-
dents in the custody of a government correctional agency or who 
is alcohol or drug dependent is exempt from the requirements in 
sub. (2) (a) 2. These facilities may store medications in a central, 
secure area and employees may observe and record the self ad-
ministration of medication as described in the resident[s individ-
ual service plan.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; CR 10-091: 
am. (1) (h) 1. Register December 2010 No. 660, eff. 1-1-11.
DHS 83.38 Program services. (1) SERVICES. As ap-
propriate, the CBRF shall teach residents the necessary skills to 
achieve and maintain the resident [s highest level of functioning. 
In addition to the assessed needs as determined under s. DHS 
83.35 (1), the CBRF shall provide or arrange services adequate to 
meet the needs of the residents in all of the following areas:
(a) Personal care. Personal care services shall be designed 
and provided to allow a resident to increase or maintain 
independence.
(b) Supervision. The CBRF shall provide supervision appro-
priate to the resident[s needs.
(c) Leisure time activities. The CBRF shall provide a daily 
activity program to meet the interests and capabilities of the resi-
dents. Employees shall encourage and promote resident partici-
pation in the activity program. The CBRF shall develop and post 
the activity schedule in an area available to residents.
(d) Community activities. The CBRF shall provide informa-
tion and assistance to facilitate participation in personal and com-
munity activities. The CBRF shall develop, update and make 
available to all residents, monthly schedules and notices of com-
munity activities, including costs.
(e) Family and social contacts. The CBRF shall encourage 
and assist residents in maintaining family and social contacts.
(f) Communication skills. The CBRF shall provide services 
to meet the resident[s communication needs.
(g) Health monitoring. 1. The CBRF shall monitor the health 
of residents and make arrangements for physical health, oral 
health or mental health services unless otherwise arranged for by 
the resident. Each resident shall have an annual physical health 
examination completed by a physician or an advanced practice 
nurse as defined in s. N 8.02 (1), unless seen by a physician or an 
advanced practice nurse as defined in s. N 8.02 (1) more 
frequently.
2. When indicated, a CBRF shall observe residents[ food and 
fluid intake and acceptance of diet. The CBRF shall report sig-
nificant deviations from normal food and fluid intake patterns to 
the resident[s physician or dietician.
3. The CBRF shall document communication with the resi-
dent[s physician and other health care providers, and shall record 
any changes in the resident[s health or mental health status in the 
resident[s record.
(h) Medication administration. The CBRF shall provide 
medication administration appropriate to the resident[s needs.
(i) Behavior management. The CBRF shall provide services 
to manage resident[s behaviors that may be harmful to themselves 
or others.
(j) Information and referral. The CBRF shall provide infor-
mation and referral to appropriate community services.
(k) Transportation. The CBRF shall provide or arrange for 
transportation when needed for medical appointments, work, ed-
ucational or training programs, religious services and for a rea-
sonable number of community activities of interest. CBRFs that 
transport residents shall develop and implement written policies 
addressing the safe and secure transportation of residents.
(2) TERMINALLY ILL RESIDENT SERVICES. (a) A CBRF may 
provide more than 3 hours of nursing care per week to a resident 
who has a terminal illness and who requires the care under the 
following conditions:
1. The resident[s primary care provider is a licensed hospice 
or licensed home health agency.
2. The resident[s primary care provider is not a licensed hos-
pice or licensed home health agency, and the CBRF obtains a 
waiver from the department.
(b) When a resident who requires less than 3 hours of nursing 
care or the resident[s legal representative waives the services of a 
hospice program or home health agency, the CBRF shall develop 
and implement the written plan of care required under par. (c), 
which the resident[s primary physician shall review and approve.
(c) The primary care provider and the CBRF shall develop a 
written, coordinated plan of care before the initiation of palliative 
or supportive care.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; CR 10-091: 
am. (1) (g) 1. Register December 2010 No. 660, eff. 1-1-11.
DHS 83.39 Infection control program. (1) The li-
censee shall establish and follow an infection control program 
based on current standards of practice to prevent the development 
and transmission of communicable disease and infection.
(2) The infection control program shall include written poli-
cies and training for employees.
(3) Employees shall follow hand washing procedures accord-
ing to centers for disease control and prevention standards.
(4) Other occupants shall comply with infection control re-
quirements as stated in s. DHS 83.17 (2).
(5) The CBRF shall ensure that pets are vaccinated against 
diseases, including rabies, if appropriate.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
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 January 2025 No. 829
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 83.40 WISCONSIN ADMINISTRATIVE CODE 18
DHS 83.40 Oxygen storage. Oxygen storage shall be in 
an area that is well ventilated and safe from environmental haz-
ards, tampering, or the chance of accidental damage to the valve 
stem. If oxygen cylinders are in use, oxygen cylinders shall be se-
cured in an upright position. If stored upright, cylinders must be 
secured. If stored horizontally, cylinders shall be on a level sur-
face where they will remain stationary.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.41 Food service. (1) GENERAL REQUIRE-
MENTS. (a) Food supply. 1. The CBRF shall maintain a food 
supply that is adequate to meet the needs of the residents.
2. Food shall be obtained from acceptable sources.
(b) Equipment. The CBRF shall store equipment and utensils 
in a clean manner and shall maintain all utensils and equipment 
in good repair.
(c) Dishwashing. 1. Whether washed by hand or mechanical 
means, all equipment and utensils shall be cleaned using separate 
steps for pre-washing, washing, rinsing and sanitizing. Residen-
tial dishwashers may be used in kitchens serving 20 or fewer res-
idents. Kitchens serving 21 or more residents shall have a com-
mercial type dishwasher for washing and sanitizing equipment 
and utensils in accordance with standard practices described in 
the Wisconsin food code.
2. A 3-compartment sink for washing, rinsing and sanitizing 
utensils, with drain boards at each end is required for all large fa-
cilities with a central kitchen. Washing, rinsing and sanitizing 
procedures shall be in accordance with standard practices de-
scribed in the Wisconsin food code. In addition, a single com-
partment sink or overhead spray wash located adjacent to the 
soiled drain board is required for pre-washing.
(2) NUTRITION. (a) Diets. 1. The CBRF shall provide each 
resident with palatable food that meets the recommended dietary 
allowance based on current dietary guidelines for Americans and 
any special dietary needs of each resident.
2. The CBRF shall provide a therapeutic diet as ordered by a 
resident[s physician.
Note: To obtain information on the Dietary Guidelines for Americans, see 
www.usda.gov/cnpp.
(b) Meals. 1. The CBRF shall provide meals that are rou-
tinely served family or restaurant style, unless contraindicated in 
a resident [s individual service plan or for short-term medical 
needs.
2. The CBRF shall provide at least 3 meals a day, unless oth-
erwise arranged according to the program statement or the resi-
dent[s individual service plan. A nutritious snack shall be offered 
in the evening or more often as consistent with the resident [s di-
etary needs.
3. If a resident is away from the CBRF during the time a 
meal is served, the CBRF shall offer food to the resident on the 
resident[s return.
(c) Menus. 1. The CBRF shall make reasonable adjustments 
to the menu for individual resident [s food likes, habits, customs, 
conditions and appetites.
2. The CBRF shall prepare weekly written menus and shall 
make menus available to residents. Deviations from the planned 
menu shall be documented on the menu.
(3) SANITATION AND SAFETY. (a) Infection control. 1. Each 
employee who prepares or serves food shall be free from open, 
infected wounds and from communicable disease and shall main-
tain clean and safe work habits.
2. The CBRF shall provide hand-washing facilities in the 
kitchen for use by food handlers. Use of a common towel is 
prohibited.
(b) Food safety. Whether food is prepared at the CBRF or 
off-site, the CBRF shall store, prepare, distribute and serve food 
under sanitary conditions for the prevention of food borne ill-
nesses, including food prepared off-site, according to all of the 
following:
1. The CBRF shall refrigerate all foods requiring refrigera-
tion at or below 40nF. Food shall be covered and stored in a sani-
tary manner.
2. The CBRF shall maintain freezing units at 0 nF or below. 
Frozen foods shall be packaged, labeled and dated.
3. The CBRF shall hold hot foods at 140 nF or above and 
shall hold cold foods at 40nF or below until serving.
(c) Reporting. The CBRF is required under s. DHS 145.04 to 
report suspected incidents of food borne disease to the local pub-
lic health officer.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; correction 
to (3) (c) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.
DHS 83.42 Resident records. (1) The CBRF shall 
maintain a record for each resident at the CBRF. Each record 
shall include all of the following:
(a) Resident[s full name, sex, date of birth, admission date and 
last known address.
(b) Name, address and telephone number of designated con-
tact person, and legal representative, if any.
(c) Medical, social, and, if any, psychiatric history.
(d) Current personal physician, if any.
(e) Results of the initial health screening under s. DHS 83.28 
(4) and subsequent health examinations under s. DHS 83.38 (1) 
(g).
(f) Admission agreement.
(g) Documentation of significant incidents and illnesses, in-
cluding the dates, times and circumstances.
(h) Assessments completed as required under s. DHS 83.35 
(1).
(i) Individual service plan and resident satisfaction evaluation.
(j) Documentation to accurately describe the resident[s condi-
tion, significant changes in condition, changes in treatment and 
response to treatment.
(k) Results of the annual resident evacuation evaluation.
(L) Documentation of sensory impairment of the resident as 
required under s. DHS 83.48 (7) (b).
(m) Summary of discharge information as required under s. 
DHS 83.31 (7).
(n) Any department-approved resident-specific waiver, vari-
ance or approval.
(o) Physician[s orders or other authorized practitioner [s writ-
ten orders for nursing care, medications, rehabilitation services 
and therapeutic diets.
(p) Current list of the type and dosage of medications or 
supplements.
(q) Results of the quarterly psychotropic medication assess-
ments as required in s. DHS 83.37 (1) (h) 1.
(r) Documentation of administration of all medications, sup-
plements, the person administering the medications or supple-
ments, any side effects observed by the employee or symptoms 
reported by the resident, the need for PRN medications and the 
resident[s response, refusal to take medication, omissions of 
medications, errors in the administration of medications and drug 
reactions.
(s) Photocopy of any court order or other document authoriz-
ing another person to speak or act on behalf of the resident, or 
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 January 2025 No. 829
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
19 DEPARTMENT OF HEALTH SERVICES DHS 83.46
other legal documents as required which affect the care and treat-
ment of a resident.
(t) Documentation of all other services including rehabilita-
tion services, treatments and therapeutic diets.
(u) Completed notice of pre-admission assessment require-
ment under s. DHS 83.30.
(v) Nursing care procedures and the amount of time spent 
each week by a registered nurse or licensed practical nurse in per-
forming the nursing care procedures. Only time actually spent by 
the nurse with the resident may be included in the calculation of 
nursing care time.
(w) Plans of care for terminally ill residents.
(x) Date, time and circumstances of the resident [s death, in-
cluding the name of the person to whom the body is released.
(2) The licensee shall ensure all resident records are ade-
quately safeguarded against destruction, loss or unauthorized ac-
cess or use.
(3) The employee in charge on each work shift shall have a 
means to access resident records.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
Subchapter VIII — Physical Environment
DHS 83.43 Furnishings and equipment. (1) ENVI-
RONMENT. The CBRF shall provide a living environment that is 
safe, clean, comfortable, and homelike. All common dining and 
living areas shall contain furnishings appropriate to the intended 
use of the room.
(2) BEDROOM FURNISHINGS. If a resident does not provide 
the resident[s own bedroom furnishings, the CBRF shall provide 
all of the following:
(a) A bed of proper size to ensure the resident[s comfort.
(b) A clean, comfortable mattress covered with a mattress pad 
and when necessary, waterproof covering.
(c) A clean, comfortable pillow, bedspread and blankets ade-
quate for the season.
(d) Clean sheets, pillowcases, towels and washcloths adequate 
to meet the needs of the resident.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.44 Housekeeping services. (1) LAUNDRY. 
(a) Laundry area. The CBRF shall make an adequate number of 
laundry appliances available to residents who choose to do their 
own laundry. The CBRF shall have a laundry area to sort, 
process and store clean and soiled laundry and shall handle clean 
and soiled laundry so as to prevent the spread of infection.
(b) Storage and transport. The CBRF shall have separate 
clean and dirty laundry storage areas or containers. Storage con-
tainers shall be clean, leak-proof and have a tight fitting lid. The 
CBRF may not transport, wash or rinse soiled laundry in areas 
used for food preparation, serving or storage.
(c) Clothes dryers. The CBRF shall enclose any clothes dryer 
having a rated capacity of more than 37,000 Btu/hour in a one-
hour fire resistive rated enclosure. If the clothes dryer requires a 
vent, the CBRF shall use dryer vent tubing that is of rigid mate-
rial with a fire rating that exceeds the temperature rating of the 
dryer. The dryer vent tubing shall be clean and maintained.
(2) CLEANLINESS. (a) The CBRF shall keep all rooms clean 
and shall make reasonable attempts to keep all rooms free from 
odors.
(b) All toilet and bathing areas, facilities and fixtures shall be 
clean and in good working order.
(c) Every interior floor, wall and ceiling shall be clean and in 
good repair.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.45 Building maintenance and site. (1) 
MAINTENANCE. (a) Exterior areas. The CBRF shall maintain 
the yard, any fences, sidewalks, driveways and parking areas of 
the CBRF in good repair and free of hazards.
(b) Building integrity. The CBRF shall be structurally sound 
without visible evidence of structural failure or deterioration and 
shall be maintained in good repair.
(c) Surface drainage. The CBRF shall ensure that each court-
yard, yard or other area on the premises of the CBRF is drained or 
graded to divert water away from the building.
(d) Hazards. The CBRF shall maintain each building in good 
repair and free of hazards.
(e) Systems. The CBRF shall maintain all electrical, mechan-
ical, water supply, plumbing, fire protection and sewage disposal 
systems in a safe and functioning condition.
(f) Furnishings. The CBRF shall keep all furnishings clean, 
safe, and maintained in good repair.
(2) STORAGE. The CBRF shall maintain storage areas in a 
safe, dry and orderly condition.
(3) TOXIC SUBSTANCES. The CBRF shall ensure that cleaning 
compounds, polishes, insecticides and toxic substances are la-
beled and stored in a secure area.
(4) PEST CONTROL. The CBRF shall implement safe, effec-
tive procedures for control and extermination of insects, rodents 
and vermin.
(5) GARBAGE AND REFUSE. The CBRF shall dispose of 
garbage and refuse. Garbage and refuse in inside areas shall be 
kept in leak-proof, non-absorbent closed containers. Garbage and 
refuse in outside areas shall be in closed containers.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.46 Building support systems. (1) HEATING. 
(a) A CBRF shall maintain comfortable and safe temperatures. 
The CBRF shall provide tempered air at all times to eliminate 
cold air drafts. The heating system shall be capable of maintain-
ing temperatures of 74º F. in areas occupied by residents.
(b) The use of portable space heaters is prohibited except for 
Underwriters Laboratories listed electric heating equipment that 
is listed for permanent attachment to the wall. Portable space 
heaters shall have an automatic thermostatic control and shall be 
physically attached to a wall.
(c) The CBRF shall maintain the heating system in a safe and 
properly functioning condition. The CBRF shall ensure that a 
heating contractor or local utility company completes all of the 
following maintenance and makes available to the facility docu-
mentation of the maintenance performed:
1. An oil furnace shall be serviced at least once each year.
2. A gas furnace shall be serviced at least once every 3 years.
3. The CBRF shall have a chimney inspected at intervals cor-
responding with the heating system service under subd. 1. or 2.
(d) The CBRF may not use a fuel-fired heater on the premises 
of the CBRF unless the heater is properly vented to the outside.
(e) Any wood burning stove or fireplace shall have a flue sep-
arate from the flue used by a gas or oil fired furnace or boiler. 
The entire installation shall meet the requirements in NFPA 211. 
The CBRF shall have the wood burning or fireplace flue cleaned 
as often as necessary, but at least 2 times during each heating sea-
son. The CBRF shall make available documentation of the main-
tenance performed.
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 January 2025 No. 829
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 83.46 WISCONSIN ADMINISTRATIVE CODE 20
(f) Combustible materials shall not be placed within 3 feet of 
any furnace, boiler, water heater, fireplace or other similar 
equipment.
(g) The CBRF shall enclose any other open flame com-
bustible fuel-burning device within a one hour fire rated assem-
bly when sharing a common floor with a habitable room. A di-
rect-vent appliance is exempt from this requirement.
(2) VENTILATION. (a) All rooms and areas shall be well ven-
tilated. Ventilation is not required in a refrigerated storage room.
(b) A CBRF may not have transoms, transfer grills or louvers 
in bedroom walls or doors opening directly to a corridor.
(3) PUBLIC WATER SUPPLY. The CBRF shall use a public wa-
ter supply when available. If a public water supply is not avail-
able, the CBRF shall have a well that is approved by the state de-
partment of natural resources. The CBRF shall have the well wa-
ter tested at least annually by the state laboratory of hygiene or 
other laboratory approved under ch. NR 149. The CBRF shall 
maintain documentation of annual testing results.
(4) ELECTRICAL. (a) Installation and maintenance. The 
CBRF shall be supplied with electrical service, wiring, outlets 
and fixtures, which shall be properly installed and maintained in 
good and safe working condition.
(b) Service size. The electrical service shall be of the proper 
size to handle the connected load.
(c) Protection. 1. ZFuses and circuit breakers.[ Tamper-proof 
fuses or circuit breakers not to exceed the ampere capacity of the 
smallest wire size in the circuit shall protect the branch circuits.
2. ZGround fault interruption.[ Ground fault interrupt protec-
tion shall be required for all outlets within 6 feet of a plumbing 
fixture, all outlets on the exterior of the CBRF and in the garage.
(d) Minimum number of fixtures and outlets. The CBRF shall 
have all of the following minimum number of fixtures and 
outlets:
1. ZLight fixtures. [ Every resident bedroom, bathroom, 
kitchen or kitchenette, dining room, laundry room and furnace 
room shall contain at least one approved or listed ceiling or wall-
type electric light fixture equipped with sufficient lamps or tubes 
to provide at least 5 foot candles at floor level at the center of 
room. Where more than one fixture is used or required, the addi-
tional fixture or fixtures shall be equally spaced as far as is practi-
cal. A switched outlet may be substituted for a ceiling or wall fix-
ture in resident bedrooms and dining rooms.
2. ZMinimum outlet ratios. [ Electric duplex outlet recepta-
cles shall be provided as follows:
a. Living room, dining room and bedroom, one per 75 square 
feet of floor area with a minimum of 2.
b. Kitchen, one per 8 lineal feet or fraction thereof, of coun-
tertop and preparation area, including island-type areas. In addi-
tion, if a kitchen is used for dining purposes, one per 75 square 
feet of floor area. Separate outlets shall be provided for 
refrigerators.
c. Laundry room, minimum of one.
d. Toilet rooms, one, which may be part of the wall fixture if 
72 inches or less from the floor.
e. Other habitable rooms, minimum of 2.
(e) Outlets. Electrical outlets shall be located to limit the use 
of extension cords. Extension cords shall not be used in lieu of 
permanent wiring.
(f) Switches. Switches or equivalent devices for turning on at 
least one light in each room or passageway shall be located to 
conveniently control the lighting in the area.
(g) Temporary and exposed wiring. All temporary wiring and 
exposed wiring, whether in use or abandoned, shall be removed.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; correction 
in (3) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; correc-
tion in (3) made under s. 13.92 (4) (b) 7., Stats., Register July 2011 No. 667.
Subchapter IX — Safety
DHS 83.47 Fire safety requirements. (1) EVACUA-
TION CAPABILITIES. (a) If the time it takes for any resident to 
evacuate is more than 2 minutes and up to 4 minutes, with or 
without employee assistance, the CBRF shall have all of the 
following:
1. Vertical smoke separation between all floors.
2. Rated stair enclosure as required under ch. SPS 361.
3. Externally monitored smoke detection system with back 
up battery supply as required under s. DHS 83.49 (2) (e), unless 
the CBRF is equipped with a sprinkler system as required under 
s. DHS 83.48 (8).
(b) If a resident has an evacuation time of 4 or more minutes, 
with or without employee assistance, the CBRF shall have all of 
the following:
1. Sprinkler system as required under s. DHS 83.48 (8).
2. Vertical smoke separation between all floors.
3. Rated stair enclosure as required under ch. SPS 361.
4. Twenty-four hour awake qualified resident care staff.
(c) If a resident cannot be safely evacuated from their bed-
room as determined by the CBRF [s assessment, the CBRF shall 
instruct the resident to remain in the resident [s bedroom and the 
CBRF shall meet all of the following requirements:
1. Be sprinklered as required under s. DHS 83.48 (8).
2. Notify the local fire department and identify the specific 
residents using point of rescue, and provide an up-to-date floor 
plan identifying where those resident rooms are located.
3. Have vertical smoke separation between all floors.
4. Have 24 hour awake qualified resident care staff.
(2) EMERGENCY AND DISASTER PLAN. (a) Written plan. The 
CBRF shall have a written plan for responding to emergencies 
and disasters that is readily available to all employees. The plan 
shall specify the responsibilities of employees. The plan shall in-
clude all of the following:
1. Procedures for orderly evacuation or other department-ap-
proved response during an emergency or disaster. The plan shall 
include procedures for any resident who refuses to follow evacua-
tion or emergency procedures.
2. The CBRF[s response to serious illness or accidents.
3. Procedures to follow when a resident is missing.
4. The CBRF [s preparation for and response to severe 
weather including tornado and flooding.
5. A route to dry land when the CBRF is located in a flood 
plain.
6. Location of an emergency shelter for the residents.
7. A means of transporting residents to the emergency 
shelter.
8. How meals and medications will be provided to residents 
at the emergency shelter.
(b) Exit diagram. The disaster plan shall have an exit diagram 
that shall be posted on each floor of the CBRF used by residents 
in a conspicuous place where it can be seen by the residents. The 
diagram shall identify the exit routes from the floor, including in-
ternal horizontal exits under par. (f) when applicable, smoke 
compartments or a designated meeting place outside and away 
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 January 2025 No. 829
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
21 DEPARTMENT OF HEALTH SERVICES DHS 83.48
from the building when evacuation to the outside is the planned 
response to a fire alarm.
(c) Emergency and disaster procedures. Fire, tornado, flood-
ing or other emergency or disaster procedures shall be clearly 
communicated to a new resident within 72 hours after admission.
(d) Fire drills. 1. Fire evacuation drills shall be conducted at 
least quarterly with both employees and residents. Drills shall be 
limited to the employees scheduled to work at that time. Docu-
mentation shall include the date and time of the drill and the 
CBRF[s total evacuation time. The CBRF shall record residents 
having an evacuation time greater than the time allowed under s. 
DHS 83.35 (5) and the type of assistance needed for evacuation. 
Fire evacuation drills may be announced in advance.
2. At least one fire evacuation drill shall be held annually that 
simulates the conditions during usual sleeping hours. Fire evacu-
ation drills may be announced in advance. Drills shall be limited 
to the employees scheduled to work during the residents[ normal 
sleeping hours.
(e) Other evacuation drills. Tornado, flooding, or other emer-
gency or disaster evacuation drills shall be conducted at least 
semi-annually.
(f) Horizontal evacuation. The CBRF shall have approval 
from the department before including horizontal evacuation in 
the emergency and disaster plan. CBRFs using horizontal evacu-
ation shall document the total evacuation time of the fire zone 
evacuated.
(g) Use of area of refuge. The local fire department shall be 
made aware of the areas of refuge, if any, and the potential num-
ber of residents who would use the areas of refuge. Evacuation 
procedures involving fire department personnel shall be con-
ducted at the option of the fire department. CBRFs using areas of 
refuge shall comply with construction requirements under s. DHS 
83.51.
(h) Posting of emergency phone numbers. The phone num-
bers for emergency services shall be posted near phones used by 
CBRF employees.
(3) FIRE INSPECTION. The CBRF shall arrange for an annual 
inspection by the local fire authority or certified fire inspector 
and shall retain fire inspection reports for 2 years.
(4) FIRE EXTINGUISHER. (a) At least one portable dry chemi-
cal fire extinguisher with a minimum 2A, 10-B-C rating shall be 
provided on each floor of the CBRF. All fire extinguishers shall 
be maintained in readily usable condition. Inspections of the fire 
extinguisher shall be done by a qualified professional one year af-
ter initial purchase and annually thereafter. Each fire extin-
guisher shall be provided with a tag documenting the date of 
inspection.
(b) A fire extinguisher shall be mounted on a wall or a post or 
in an unlocked wall cabinet used exclusively for that purpose. 
Fire extinguishers shall be clearly visible. The route to the fire 
extinguisher shall be unobstructed and the top of the fire extin-
guisher shall not be over 5 feet high. The extinguisher shall not 
be tied down, locked in a cabinet or placed in a closet or on the 
floor. Fire extinguishers on upper floors shall be located at the 
top of each stairway. Extinguishers shall be located so the travel 
distance between extinguishers does not exceed 75 feet. The ex-
tinguisher on the kitchen floor level shall be mounted in or near 
the kitchen.
(5) SMOKING. Each CBRF shall develop and implement a 
written policy on smoking. The policy shall designate areas 
where smoking is permitted, if any, and shall be clearly commu-
nicated to residents. Designated smoking areas shall be well ven-
tilated or have an alternate means of eliminating smoke.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; correction 
in (1) (a) 2., (b) 3. made under s. 13.92 (4) (b) 7. , Stats., Register December 2011 
No. 672.
DHS 83.48 Fire protection systems. (1) INTERCON-
NECTED SMOKE AND HEAT DETECTION SYSTEM. (a) Except as 
provided under sub. (2), the CBRF shall have an interconnected 
smoke detection system pursuant to s. 50.035 (2), Stats., and shall 
have an interconnected heat detection system to protect the entire 
CBRF so that if any detector is activated, an alarm audible 
throughout the building will be triggered.
(b) Smoke and heat detectors shall be installed and main-
tained in accordance with NFPA 72 National Fire Alarm Code 
and the manufacturer[s recommendation. Smoke detectors pow-
ered by the CBRF [s electrical system shall be tested by CBRF 
personnel according to manufacturer[s recommendation, but not 
less than once every other month. CBRFs shall maintain docu-
mentation of tests and maintenance of the detection system.
(c) A CBRF shall receive approval from the department as re-
quired under s. 50.035 (2) (b), Stats., and s. DHS 83.63 (2) before 
installing a smoke and heat detection system.
(2) RADIO-TRANSMITTING SMOKE AND HEAT DETECTION SYS-
TEM. A small CBRF may use an Underwriters Laboratories 
listed radio-transmitting detection system that triggers an alarm 
audible throughout the building and that is properly safeguarded 
against deactivation.
(3) TESTING. (a) After the first year following installation, 
fire detection systems shall be inspected, cleaned and tested an-
nually by certified or trained and qualified personnel in accor-
dance with the specifications in NFPA 72 and the manufacturer[s 
specifications and procedures.
(b) Sensitivity testing shall be performed at intervals in accor-
dance with NFPA 72.
(c) All smoke and heat detectors suspected of exposure to a 
fire condition shall be inspected, cleaned and tested by a certified 
or trained and qualified person within 5 days after each exposure 
in accordance with the specifications in NFPA 72 and the manu-
facturer[s specifications and procedures. Each detector shall op-
erate within the manufacturer [s intended response or it shall be 
replaced within 10 days after exposure to a fire condition.
(4) LOCATION. Pursuant to s. 50.035 (2) (b), Stats., all facili-
ties shall have at least one smoke detector located at each of the 
following locations:
(a) At the top of every open stairway.
(b) On the hallway side of every enclosed stairway on each 
floor level.
(c) Spaced not more than 30 feet apart in every corridor, and 
not further than 15 feet from any wall or in accordance with the 
manufacturer[s separation specifications.
(d) In each common use room, including a living room, dining 
room, family room, lounge and recreation room, but excluding a 
kitchen, bathroom or laundry room.
(e) In each bedroom.
(f) In all non-resident living areas, except the furnace, bath-
room, kitchen and laundry room.
(g) Additional smoke detectors shall be located where wall 
projections from the ceiling or lintels exceed 8 inches.
(h) In the basement, or in each room of the basement except a 
furnace or laundry room.
(5) CONNECTION AND ACTIVATION. Smoke detectors in or 
near the living room of an apartment and smoke detectors in the 
bedrooms of an apartment shall be either connected to the main 
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 January 2025 No. 829
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 83.48 WISCONSIN ADMINISTRATIVE CODE 22
alarm system or to a separate annunciator on a panel. If a sepa-
rate annunciator on a panel is used, there shall be an effective 
electronic means of notifying employees anywhere in the CBRF 
that a detector has been activated. Smoke detectors under this 
subsection shall activate an alarm in all of the resident bedrooms 
and the apartment.
(6) SPECIFIC LOCATIONS FOR HEAT DETECTORS. CBRFs shall 
have at least one heat detector integrated with the smoke detec-
tion system at all of the following locations or in accordance with 
the heat detector manufacturer[s specifications:
(a) Kitchen.
(b) Attached garage.
(c) All enclosed compartments of the attic.
(d) Furnace room.
(e) Laundry room.
(7) SPECIAL EQUIPMENT FOR PERSONS WITH IMPAIRED HEAR-
ING OR VISION. (a) Notification. If any resident with impaired 
hearing or vision is unable to detect or respond to a fire emer-
gency, the licensee shall ensure the appropriate audio, visual or 
vibrating notification alarms are installed in the resident [s bed-
room, in or near a living room in an apartment, and in each com-
mon area used by the resident.
(b) Documentation. The sensory impairment of the resident 
shall be noted in the resident [s record and communicated to all 
employees within 3 days after admission or after determination of 
the impairment is made.
(8) SPRINKLER SYSTEMS. (a) Types. A CBRF shall have a 
sprinkler system if required under s. DHS 83.47 (1) (b) or 83.50. 
The types of sprinkler systems to be used are as follows:
1. A complete NFPA 13D residential sprinkler system shall 
be used in a CBRF licensed for 16 or fewer residents only when 
each room or compartment in the CBRF requires no more than 2 
sprinkler heads. When an NFPA 13D sprinkler system is used it 
shall have a 30-minute water supply for at least 2 sprinkler heads. 
Entrance foyers shall have sprinklers. The department may deter-
mine an NFPA 13R residential sprinkler system shall be installed 
in a CBRF with one or more rooms or compartments having an 
unusually high ceiling, a vaulted ceiling, a ceiling with exposed 
beams or other design or construction features that inhibit proper 
water discharge when the square footage of each room or com-
partment in the CBRF would ordinarily allow an NFPA 13D 
sprinkler system.
2. A complete NFPA 13R residential sprinkler system shall 
be used in a CBRF licensed for 16 or fewer residents when one or 
more rooms or compartments in the CBRF require more than 2 
sprinkler heads and not more than 4 sprinkler heads. A fire de-
partment connection is not required for an NFPA 13R sprinkler 
system.
3. A complete NFPA 13 automatic sprinkler system shall be 
used in a CBRF licensed for more than 16 residents.
4. All sprinkler systems under subds. 1. to 3. installed after 
January 1, 1997, shall be equipped with residential sprinkler 
heads in all bedrooms, apartments, all other habitable rooms and 
corridors.
5. All large facilities initially licensed on or after January 1, 
1997, shall be protected by a complete automatic sprinkler sys-
tem, except a class AA CBRF that has an equivalent safety sys-
tem approved by the department.
6. All large facilities initially licensed before January 1, 
1997, of non-fire resistive construction shall be protected by a 
complete automatic sprinkler system, except a class AA CBRF 
that has an equivalent safety system approved by the department.
(b) Installation and maintenance. 1. All sprinkler systems 
shall be installed by a state licensed sprinkler contractor. All 
sprinkler systems shall be maintained, inspected and tested at 
least annually or at intervals determined by the requirements in 
NFPA 25.
2. In facilities with sprinklers, sprinkler heads shall be 
placed at the top of each linen or trash chute and in the rooms 
where the chutes terminates.
3. The sprinkler system flow alarm shall be connected to the 
CBRF[s fire alarm system.
(c) Reliable water supply. All sprinkler systems shall have a 
reliable water supply. If the sprinkler system requires a mechani-
cal device such as a compressor, pump or motor, the device shall 
be supplied by a reliable source of emergency power in accor-
dance with NFPA 20.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.49 Alternative requirements to a sprinkler 
system in a small class C CBRF. (1) 5-YEAR DELAY. Ex-
isting small class CA, small class CS and small class CNA 
CBRFs using the exemption under sub. (2) shall have a complete 
sprinkler system as required under s. DHS 83.48 (8) within 5 
years of April 1, 2009.
(2) GENERAL REQUIREMENTS. Small class CA, small class 
CS and small class CNA facilities constructed and licensed be-
fore April 1, 2009, are exempt from the sprinkler system require-
ment under s. DHS 83.48 (8) if all of the following requirements 
are met:
(a) No more than 4 residents require a class CA, class CS or 
class CNA CBRF.
(b) The bedroom and congregate dining and living area for 
any resident requiring a class CA, class CS or class CNA who is 
blind or not fully ambulatory shall be on the first floor. CBRFs 
serving one or more non-ambulatory residents shall have 2 acces-
sible exits to grade.
(c) The CBRF is not located in a building which has more 
than 2 living units or has more than 2 stories.
(d) The requirements for a smoke and heat detection system 
under s. DHS 83.48 (1) to (7) are met.
(e) The smoke detection system has a backup battery power 
supply and is externally monitored so activation of the system au-
tomatically results in notification of the local fire department. 
Tape or voice type dialers are prohibited. Acceptable configura-
tions for external monitoring are limited to any of the following:
1. A digital communicator linked to a listed monitoring 
company.
2. A digital communicator linked to the municipal or county 
emergency dispatch center or to the local fire department.
3. A direct phone line connecting the detection system to the 
municipal or county emergency dispatch center or to the local fire 
department.
(f) There is smoke separation between each floor level to pre-
vent vertical movement of smoke.
(g) The emergency and disaster plan under s. DHS 83.47 (2) 
(a) specifies evacuation of residents as the response to a fire. 
Horizontal evacuation, use of area of refuge or use of point of res-
cue is prohibited. No resident may have an evacuation time, as 
determined under s. DHS 83.35 (5) that exceeds 2 minutes.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.50 Minimum type of construction. (1) AP-
PLICATION OF HABITABLE FLOOR DEFINITION. The number of 
habitable floors in a CBRF shall determine the type of construc-
tion for each class of licensure and when an automatic sprinkler 
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 January 2025 No. 829
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
23 DEPARTMENT OF HEALTH SERVICES DHS 83.52
system, combined with a smoke detection system, may substitute 
for the required type of construction.
(2) MINIMUM TYPE OF CONSTRUCTION FOR EACH CLASS OF 
LICENSURE. (a) A CBRF with 3 or fewer habitable floors shall 
meet the construction requirements for class of licensure in Table 
DHS 83.50 and as specified under subds. 1. to 3.
1. Construction Type IB means fire-resistive construction 
consisting of exterior walls of concrete or masonry, floors and 
roof of fireproofed steel or concrete and interior partitions of con-
crete block or steel studs.
2. Construction Type IIA means metal frame protected con-
struction consisting of structural parts and enclosing walls of ma-
sonry in combination with other noncombustible material.
3. Construction Type VB means wood frame unprotected 
construction consisting of exterior walls of wood studs covered, 
for example, with metal or wood siding, brick, stone, slate, vinyl, 
metal, or wood, wood floors and roof, and interior partitions of 
wood stud and plaster or drywall.
Table DHS 83.50 
Minimum Type of Construction by Class of Licensure for Facilities with 3 or Fewer Habitable Floors
Number of Habitable 
Floors
Class of Licensure
AA AS, ANA CA, CS, CNA
Construction Type Construction Type Construction Type
Non-Sprinklered Sprinklered Non-Sprinklered Sprinklered
1 VB VB VB IIA VB
2 VB VB VB IB VB
3 VB IB IIA IB IIA
Note: For information regarding types of construction see ch. SPS 361.
(b) For class AS and class ANA facilities, the bedrooms and 
congregate dining and living area for blind, non-ambulatory, 
semi-ambulatory or physically disabled residents shall be on the 
first floor.
(c) A CBRF of any type of construction initially licensed for 
a class CA, class CS or class CNA occupancy on or after January 
1, 1997, shall have a sprinkler system under s. DHS 83.48 (8), ex-
cept as provided under s. DHS 83.49 (2).
(d) The third floor of a 3 story unprotected wood frame build-
ing may not be used for sleeping, eating, cooking or as habitable 
rooms, unless the building is protected by a complete automatic 
sprinkler system in accordance with NFPA 13, except that storage 
or office space for the licensee or employees may be located on 
that floor.
(e) Any CBRF that meets the requirement of type IB con-
struction in Table DHS 83.50 and is not protected by a sprinkler 
system shall have either an area of refuge under s. DHS 83.51 or 
be approved by the department for horizontal evacuation under s. 
DHS 83.59 (1) (b) on each floor without 2 grade level or ramped 
exits when residents not capable of negotiating stairs without as-
sistance reside on the floor.
(f) A CBRF located in a building of more than 3 stories shall 
be in compliance with requirements found in ch. SPS 361 and 
shall be equipped with a complete automatic sprinkler system un-
der NFPA 13.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; CR 10-091: 
am. (2) (a) 3. Register December 2010 No. 660 , eff. 1-1-11; correction in (2) (f) 
made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
DHS 83.51 Area of refuge. (1) A room to be used as an 
area of refuge may not be a bedroom or a room for the private use 
of any resident, other occupant, employee, or licensee.
(2) The area of refuge shall be constructed of fire resistive 
construction rated for at least one-hour rated fire resistive con-
struction. Whenever the room exits into an enclosed stairwell 
that is required to be of more than one-hour fire resistive con-
struction, the room shall have the same fire-resistive construc-
tion, including the same doorway protection, as required for the 
adjacent stairwell.
(3) Doors in the area of refuge shall be tight-fitting and smoke 
and draft control assemblies having a fire-protection rating of at 
least 45 minutes and shall be self-closing or automatic closing.
(a) A room to be used as an area of refuge shall have an exit 
door directly to an exit enclosure such as a stairwell or fire escape 
that leads directly outside.
(b) The door leading into the area of refuge from the residen-
tial area shall be unlocked at all times. The door between the area 
of refuge and an exit enclosure shall be equipped with hardware 
that unlocks and opens with one hand and one motion from the 
area of refuge side of the door.
(4) Each stairway adjacent to an area of refuge shall have a 
minimum clear horizontal width of 4 feet between handrails.
(5) Two-way communication from the area of refuge and 
identification of the area of refuge shall be provided.
(6) Each area of refuge shall have a space for each person 
needing the area of refuge in an emergency as follows:
(a) At least 30 by 48 inches for each person who uses a wheel-
chair for mobility.
(b) At least 30 by 36 inches for each person who uses a 
walker, cane or crutch for assistance in walking.
(c) At least 30 by 24 inches for each person who does not use 
any assistive device for mobility or walking.
(7) The measurements under sub. (6) shall be determined af-
ter deducting the space covered by the door swing if the swing is 
into the area of refuge and the space needed for a passageway 
through the area of refuge is at least 32 inches in width.
(8) The number of residents not able to negotiate stairs who 
are housed on each floor level required to have an area of refuge 
shall be limited to the number of spaces provided in the area of 
refuge on that floor.
(9) A CBRF with an area of refuge shall notify the local fire 
department of the emergency evacuation plan, including the use 
and location of each area of refuge, and the potential number of 
residents and employees who would use each area of refuge.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
Subchapter X — Building Design
DHS 83.52 Common dining and living space. (1) 
SPACE PER RESIDENT. (a) The minimum common dining and liv-
ing space shall be 60 square feet per ambulatory or semi-ambula-
tory resident or other occupant, and 90 square feet per non-ambu-
latory resident or other occupant.
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 January 2025 No. 829
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 83.52 WISCONSIN ADMINISTRATIVE CODE 24
(b) For each resident apartment, the CBRF may apply 25% of 
the total floor space of the habitable rooms in the apartment, not 
including bedroom or bathroom floor space, toward the required 
congregate dining and living area requirement under par. (a), but 
may not exceed 30 square feet per resident.
(c) Egress paths through common-use areas may not be 
counted in the common space calculation.
(d) Common dining space shall be large enough to accommo-
date all residents in no more than 2 shifts.
(2) ACCESS. Common dining and living space shall be inter-
nally accessible to all residents.
(3) RECREATIONAL SPACE. The CBRF shall designate ade-
quate space and equipment to meet the needs of the residents for 
social and recreational activities.
(4) CEILING HEIGHT. All common-use rooms shall have a 
ceiling height of at least 7 feet.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.53 Storage areas. The CBRF shall have ade-
quate storage space for resident care supplies and equipment.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.54 Resident bedrooms. (1) DESIGN. (a) 
Bedrooms shall be designed and equipped to allow residents to 
achieve the highest level of independent functioning and shall be 
fully accessible to the resident.
(b) Floor to ceiling walls with rigid construction swing-type 
doors that are of the side-hinged or pivoted swinging shall en-
close resident bedrooms.
(c) Bedrooms shall open directly into a corridor, the resident[s 
private living area or common living space.
(d) Each resident shall have or be provided within the bed-
room, a closet or wardrobe with clothes hanging rods and shelves, 
and drawer space adequate to reasonably meet the needs of the 
resident. The bedroom shall have adequate accessible space for a 
resident[s wheelchair or other adaptive or prosthetic equipment.
(e) Each resident bedroom shall have a ceiling height of at 
least 7 feet.
(2) LOCATION. Resident bedrooms shall be located near toi-
let and bathing facilities and shall provide internal access to con-
gregate dining and living areas.
(3) CAPACITY. (a) Resident bedrooms shall accommodate no 
more than 2 residents per room.
(b) Facilities exclusively serving residents in the custody of a 
government correctional agency or who is alcohol or drug depen-
dent may accommodate up to 3 residents per room if the facility 
was licensed before April 1, 2009.
(4) SIZE. (a) In existing class AA and class CA CBRFs, sin-
gle occupancy bedrooms shall have a minimum of 80 square feet 
per resident and 60 square feet per resident in multiple occupancy 
bedrooms. Minimum square footage shall be calculated exclusive 
of toilet rooms and closets.
(b) In existing class AS, class CS, class ANA and class CNA 
CBRFs, and all newly constructed CBRFs, single occupancy 
bedrooms shall have a minimum of 100 square feet per resident 
and 80 square feet per resident in multiple occupancy bedrooms. 
Minimum square footage shall be calculated exclusive of toilet 
rooms and closets.
(c) A bedroom shared by residents who require different 
classes of licensure shall meet the highest applicable square 
footage required for all residents sharing the bedroom.
(5) BASEMENT BEDROOMS. Basement bedrooms shall have at 
least 2 means of exiting that provide unobstructed egress to the 
outside or grade level. Windows in the basement shall not be 
considered exits.
(6) BED ARRANGEMENTS. The CBRF shall locate beds either 
the minimum distance from heat producing sources recom-
mended by the manufacturer or 18 inches. The CBRF shall have 
a deflector on the register when the bed is located less than 18 
inches from a forced air register. Beds may not block a forced air 
register.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.55 Bath and toilet areas. (1) NUMBER. (a) 
The CBRF shall provide at least one toilet, one sink and one bath 
or shower for every 10 residents and other occupants or fraction 
thereof.
(b) Grab bars shall be provided at toilet and bath fixtures as 
necessary to meet the needs of the residents. Grab bars shall 
meet requirements as specified in ch. SPS 361.
(c) When fixtures are accessed only through a bedroom, the 
fixtures may only be counted as meeting the requirement for the 
occupants of that bedroom.
(2) LOCATION. Toilet rooms and bathing areas shall be acces-
sible and available to residents on each floor in class AS, class 
ANA, class CS and class CNA facilities.
(3) HAND DRYING. All sink areas shall have dispensers for 
single use paper towels, cloth towel dispensing units that are en-
closed for protection against being soiled or electric hand dryers. 
This requirement does not apply to sink areas located in toilet 
rooms accessed directly from a resident bedroom.
(4) PRIVACY. (a) Bath and toilet rooms shall have door locks 
to ensure privacy, except where the toilet, bath or shower room is 
accessed only from a resident room that is occupied by one per-
son. All door locks shall be operable from both sides.
(b) All toilet and bathing areas shall have floor to ceiling walls 
and door assembly.
(5) ELECTRICAL FIXTURES. Bath and toilet rooms shall have 
at least one electrical fixture to provide artificial light and one 
electrical duplex outlet receptacle.
(6) WATER SUPPLY. (a) The CBRF shall connect each sink, 
bathtub and shower to hot and cold water, and supply adequate 
hot water to meet the needs of the residents.
(b) The CBRF shall set the temperature of all water heaters 
connected to sinks, showers and tubs used by residents at a tem-
perature of at least 140 nF. The temperature of water at fixtures 
used by residents shall be automatically regulated by valves and 
may not exceed 115nF, except for CBRFs serving residents recov-
ering from alcohol or drug dependency or clients of a government 
correctional agency.
(c) The fixtures at sinks used by residents shall be the single 
nozzle, lever-handled mixing type fixtures or the single nozzle, 2 
handled mixing type fixtures which are easy for all residents to 
control.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.56 Day care. If there is a day care program in the 
same building as a CBRF, the facilities shall be separated. En-
trance and exit doors for each facility shall be separate. Social-
ization between facilities shall not interfere with privacy or in-
fringe upon the use of habitable floor space of CBRF residents.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.57 Multiple occupancies. (1) PHYSICAL SEP-
ARATION. (a) A CBRF located in the same building as a nursing 
home or hospital shall be a distinct living area and shall be sepa-
rated between the 2 occupancies by a minimum of a 2 hour fire 
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 January 2025 No. 829
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
25 DEPARTMENT OF HEALTH SERVICES DHS 83.59
rated construction or all parts of each distinct living area shall 
meet the higher fire protection standards.
(b) A CBRF located in the same building as a residential care 
apartment complex or other residential occupancy shall be a dis-
tinct living area and shall be separated between the 2 occupancies 
by at least a one hour fire rated construction. The entire building 
shall be equipped with an interconnected smoke and heat detec-
tion system and sprinkler system in compliance with s. DHS 
83.48. The CBRF shall maintain documentation for all testing 
and maintenance of the detection system in both the CBRF and 
the non-CBRF.
(c) A small CBRF located in one living unit of a duplex shall 
be a distinct living area and shall be separated between the 2 oc-
cupancies by at least a one hour fire rated construction. The en-
tire building shall be equipped with an interconnected smoke and 
heat detection system and sprinkler system in compliance with s. 
DHS 83.48. The CBRF shall maintain documentation for all test-
ing and maintenance of the detection system in both the CBRF 
and the non-CBRF.
(d) If a common lobby and access area of a multiple occu-
pancy building is not provided, the CBRF shall have separate en-
trance and exit doors.
(2) COMMON USE AREAS. If CBRF residents and other occu-
pants are intermixed and the total building is available to CBRF 
residents and other occupants, the common dining and living 
space shall be determined by the total capacity of the building as 
described under s. DHS 83.52 (1) (a) . If CBRF residents and 
other occupants are not intermixed, the facility shall provide 
common living and dining space as described in s. DHS 83.52 (1) 
(a) for the use of the CBRF residents.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; correction 
in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
DHS 83.58 Garages and utility buildings. (1) AT-
TACHED GARAGE. (a) Common walls between a CBRF and an at-
tached garage shall be protected with at least one layer of 5/8-inch 
type X gypsum board with taped joints on the garage side and 
with at least one layer of „-inch gypsum board with taped joints, 
or equivalent, on the CBRF side. The walls shall provide a com-
plete separation.
(b) Floor-ceiling assemblies between a garage and the CBRF 
shall be protected with at least one layer of 5/8-inch type X gyp-
sum board on the garage side of the ceiling or room framing.
(c) A self-closing 1…-inch solid core wood door or an equiva-
lent self-closing fire-resistive rated door shall protect openings 
between an attached garage and the CBRF.
(d) When a required exit leads into a garage, the garage shall 
have at least a 32 inch service door to the outside.
(2) DETACHED GARAGES. A detached garage shall either be 
located at least 3 feet from the CBRF or shall comply with the re-
quirements for attached garages under sub. (1).
(3) UTILITY BUILDINGS. A utility building where fueled, mo-
torized vehicles and appliances such as snowmobiles, power lawn 
mowers, motorcycles, and snow blowers are stored shall be lo-
cated at least of 3 feet from the CBRF or comply with the require-
ments for attached garages under sub. (1).
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.59 Exits and passageways. In this section, 
XexitY means standard exit doors opening to passageways or 
grade, exit passageways, fire escapes, and stairways as specified 
in ch. SPS 361.
(1) EXITS. All habitable floors shall have at least 2 exits pro-
viding unobstructed travel to the outside. Small class AA CBRFs 
licensed on or before April 1, 2009, with no more than 2 habit-
able floors may have one exit from the second floor.
(a) Class AS, class ANA, class CS and class CNA CBRFs 
shall have at least 2 grade level or ramped exits to grade.
(b) A CBRF may use horizontal evacuation as defined under 
ch. SPS 361. The CBRF shall have approval from the department 
before including horizontal evacuation in the emergency and dis-
aster plan under s. DHS 83.47 (2).
(c) Exit doors and doors in exit passageways shall have a clear 
opening of at least 32 inches in width and 76 inches in height.
(d) Exit passageways, stairways and doors in class AA facili-
ties shall be at least 30 inches clear opening in width. Class AA 
facilities licensed on or before April 1, 2009, shall have a mini-
mum width of 28 inches clear opening for existing passageways, 
stairways and doors.
(e) No exit passageway may be through areas such as a resi-
dent room, bath or toilet room, closet or furnace rooms.
(f) Exit passageways and stairways to outside exits shall be at 
least 36 inches in width and maintained clear and unobstructed at 
all times. Exit passageways and stairways to outside exits shall be 
at least 32 inches in width in facilities licensed on or before April 
1, 2009. In existing large facilities, the minimum corridor width 
shall be at least 4 feet.
(g) Exits, sidewalks and driveways used for exiting shall be 
kept free of ice, snow, and obstructions. For facilities serving 
only ambulatory residents, the CBRF shall maintain a cleared 
pathway from all exterior doors to be used in an emergency to a 
public way or safe distance away from the building. For facilities 
serving semi-ambulatory and non-ambulatory residents, a CBRF 
shall maintain a cleared, hard surface, barrier-free walkway to a 
public way or safe distance away from the building for at least 2 
primary exits from the building. All other required exits shall 
have at least a cleared pathway maintained to a public way or safe 
distance from the building. An exit door or walkway to a cleared 
driveway leading away from the CBRF also meets this 
requirement.
(h) The exit path from the CBRF through the garage to the 
outside shall be clear, safe and unobstructed.
(2) DOORS. (a) All doors shall have latching hardware to per-
mit opening from the inside with a one-hand, one-motion opera-
tion without the use of a key or special tool.
(b) A solid core wood door or an equivalent fire resistive door 
shall be provided at any interior stair between the basement and 
the first floor. The door shall have a positive latch and an auto-
matic closing device and normally shall be kept closed. Enclosed 
furnace and laundry areas with self-closing doors in a split level 
home may substitute for the self-closing door between the first 
and second levels. Enclosed furnace and laundry areas shall have 
self closing solid core wood doors or an equivalent fire resistive 
door when located on a common level with resident bedrooms.
(c) All interior doors equipped with locks shall be designed to 
unlock from either side in case of emergency.
(d) Levered handles shall be provided on all doors used by 
residents with manual strength or dexterity limitations.
(f) The staff member in charge on each work shift shall have a 
means of opening all locks or security devices on all doors in the 
CBRF.
(3) PATIO DOORS. A patio door may be used as a supplemen-
tary exit in an emergency in addition to the required primary exits 
and shall comply with all of the following:
(a) Factory installed door fastenings or hardware on sliding 
glass patio doors is acceptable. The use of bolt locks on sliding 
glass patio doors is prohibited.
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 January 2025 No. 829
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 83.59 WISCONSIN ADMINISTRATIVE CODE 26
(b) All door fastenings or hardware on hinged, swing-type pa-
tio doors shall be operable from the inside with one hand and one 
motion without the use of a key or special tool.
(c) Furniture and other obstacles shall not be placed in front 
of the patio door.
(d) A clear and unobstructed pathway shall be maintained to a 
safe distance away from the building.
(4) DELAYED EGRESS. Delayed egress door locks are permit-
ted with department approval only in facilities with a supervised 
automatic fire sprinkler system and a supervised interconnected 
automatic fire detection system and shall comply with all of the 
following:
(a) No more than one device shall be present in a means of 
egress.
(b) A sign shall be posted adjacent to the locking device indi-
cating how the door may be opened.
(c) The doors shall unlock upon activation of the sprinkler 
system or fire detection system. The doors shall unlock upon loss 
of power controlling the lock or locking mechanism.
(d) The door locks shall have the capability of being unlocked 
by a signal from the CBRF[s fire command center.
(e) An irreversible process will occur which will release the 
latch in not more than 15 seconds when a force of not more than 
15 pounds is applied for 3 seconds to the release device. Initia-
tion of the irreversible process shall activate an audible signal in 
the vicinity of the door. Once the door lock has been released by 
the application of force to the releasing device, re-locking shall 
be by manual means only.
(f) To obtain department approval, the CBRF shall demon-
strate that delayed egress equipment is necessary to ensure the 
safety of residents served by the CBRF, specifically persons at 
risk of elopement due to behavioral concerns, cognitive impair-
ments or dementia, including Alzheimer[s disease.
(5) STAIRS AND SHAFTS. (a) All required interior and exte-
rior exit stairways shall be in compliance with ch. SPS 361. For 
small CBRFs, all required interior and exterior exit stairways 
shall be in compliance with the Uniform Dwelling Code.
(b) One or more handrails shall be provided on all stairways in 
accordance with ch. SPS 361. For small CBRFs, handrails shall 
be in compliance with s. SPS 321.04. Handrails shall be pro-
vided on the open sides of stairways and platforms. CBRFs li-
censed before January 1, 1997, shall have handrails at least 29 
inches above the nose of the tread.
(c) Winders in stairways shall be provided with handrails on 
both sides, at least 29 inches above the nose of the tread.
(d) Winders in stairways used as required exits shall have 
treads of at least 7 inches in width at a point one foot from the 
narrow end of the tread.
(e) Spiral stairs are prohibited for use as required exit stairs.
(f) Any shaft such as a dumbwaiter or laundry chute leading 
to the basement, as defined in ch. SPS 361, shall be provided with 
a door on each level above the lowest floor. The door shall have 
a positive latch and an automatic closing device and shall nor-
mally be kept closed. A spring of sufficient strength to close the 
door and activate the door latch is acceptable for meeting the au-
tomatic closing device portion of this requirement.
(6) RAMP REQUIREMENTS. (a) Slope. In existing buildings, 
all exterior ramps shall have a slope of not more than one foot of 
rise in 12 feet of run. In existing buildings, an existing interior 
ramp with a slope of one foot of rise in 8 feet may be retained to 
overcome a total height not greater than 2 feet when the floor area 
does not permit a 1:12 ramp. The ramps shall have a slip-resis-
tant surface and shall have no side slope.
(b) Width. Ramps shall be at least 4 feet wide, of which not 
more than 4 inches on each side may be occupied by a handrail.
(c) Handrails. 1. Ramps in CBRFs initially licensed on or af-
ter January 1, 1997, shall have a handrail on each side which shall 
be mounted between 34 inches and 38 inches above the ramp sur-
face. CBRFs licensed before January 1, 1997, shall have 
handrails mounted at least 30 inches above the ramp surface.
2. Handrails on unenclosed ramps shall include an interme-
diate parallel rail at mid-height.
(d) Clearance. Where ramps are provided to doorways, the 
ramp on each side of the doorway shall be level for 5 feet from the 
door.
(e) Platforms. Ramps having a 1:12 slope shall have a level 
platform at 30-foot intervals. All ramps shall have level platforms 
at least 5 feet long where they turn and at least 5 feet by 5 feet 
level landing at the bottom of the ramp.
(7) EMERGENCY LIGHTING. (a) All exit passageways and 
stairways shall be provided with emergency egress lighting with a 
stand-by power source.
(b) All required exit signs shall be lighted at all times.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; CR 10-091: 
r. (2) (e) Register December 2010 No. 660, eff. 1-1-11; correction in (intro.), (1) (b), 
(5) (a), (b), (f) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 
672.
DHS 83.60 Windows. (1) MINIMUM SIZE. Every habit-
able room shall have at least one outside window with a total win-
dow area of at least 8% of the floor area in the room. The win-
dow shall be openable from the inside without the use of tools or 
keys. The openable area of the window shall be not less than 4% 
of the floor area of the room.
(2) SCREENS. All required openable windows shall have in-
sect-proof screens.
(3) WINDOW COVERINGS. Every habitable room shall have 
shades, drapes or other covering material or device that affords 
privacy and light control.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.61 Interior surfaces. (1) WALLS AND CEIL-
INGS. Interior walls and ceilings in spaces subjected to moisture 
shall have water-resistant hard surfaces and no substantial surface 
irregularities or cracking.
(2) CARPET. (a) Except in a sprinklered CBRF, all newly in-
stalled carpeting shall have a minimum Class rating under the 
tunnel test with a flame-spread rating of 75 or less when tested in 
accordance with NFPA 255, or a Class II rating under the radiant 
panel flux test NFPA 253 with a flame-spread rating of 0.22 watts 
per square centimeter or greater when tested in accordance with 
ch. SPS 361 or the manufacturer for each specific product.
(b) Certified proof by the manufacturer of one of those tests 
for the specific product shall be available in the CBRF. Certifica-
tion by the installer that the material installed is the product re-
ferred to in the test proof shall be obtained by the CBRF.
(c) No carpeting may be applied to walls unless the carpet has 
a class A rating under the tunnel test with a flame-spread rating of 
25 or less.
(3) POLYURETHANE AND POLYSTYRENE SURFACES. Exposed 
polyurethane and polystyrene surfaces are prohibited, except var-
nished woodwork.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; correction 
in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
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 January 2025 No. 829
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
27 DEPARTMENT OF HEALTH SERVICES DHS 83.64
Subchapter XI — Requirements for New Construction, 
Remodeling, Additions, or Newly-Licensed Existing 
Structures
DHS 83.62 Codes. (1) The following codes and stan-
dards are adopted as part of these rules and incorporated by 
reference:
(a) Wisconsin Commercial Building Code, chs. SPS 361 to 
366, current edition.
(b) NFPA 72, National Fire Alarm Code, 2002 edition.
(c) NFPA 13, Standard for the Installation of Sprinkler Sys-
tems, 2002 edition.
(d) NFPA 13R, Standard for the Installation of Sprinkler Sys-
tems in Residential Occupancies up to and Including Four Stories 
in Height, 2002 edition.
(e) NFPA 13D, Standard for the Installation of Sprinkler Sys-
tems in One- and Two-Family Dwellings and Manufactured 
Homes, 2002 edition.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; correction 
in (1) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
DHS 83.63 Plan review. (1) DEPARTMENT OF SAFETY 
AND PROFESSIONAL SERVICERS PLAN REVIEW. Plan review by the 
department of safety and professional services is required for new 
construction or remodeling of CBRFs of 9 or more residents ex-
cept for those CBRFs attached to hospitals or nursing homes.
(2) DEPARTMENT PLAN REVIEW AND APPROVAL. (a) New 
and remodeled. Plans for all new construction, additions, and re-
modeling projects for CBRFs shall be approved by the depart-
ment before beginning construction, except under sub. (4) (b).
(b) Existing buildings. Existing buildings applying for CBRF 
licensure after April 1, 2009, shall submit plans for department 
review for compliance with this subsection.
(c) Plan submission. At least 2 sets of working drawings and 
specifications shall be submitted to the department . The draw-
ings shall be scaled and to dimension. The review process begins 
after the department receives all required documents and fees.
(3) REQUIREMENTS FOR SUBMISSION. (a) Specifications. 
The working drawing and specifications shall meet the require-
ments of the department of safety and professional services.
(b) Stamped and sealed. The drawings shall be stamped and 
sealed according to s. SPS 361.31.
(c) Changes. Any changes in the approved plans affecting the 
application of the requirements of this subchapter shall be sub-
mitted to the department before beginning the work. The changes 
shall be made on the previously approved drawings.
(d) Construction. If construction above the foundation level is 
not initiated within one year from the date of the department[s ap-
proval, the approval shall be void and plans, specifications, and 
fees shall be resubmitted to the department for approval.
(4) FEES FOR PLAN REVIEW. (a) Fees. The fees established in 
this subsection shall be paid to the department for providing the 
plan review under sub. (2). The department may withhold plan 
review for those parties who have past due accounts with the de-
partment. The department shall charge a CBRF a fee in accor-
dance with the following schedule:
1. For projects with an estimated dollar value of less than 
$2,000, a fee of $100.
2. For projects with an estimated dollar value of at least 
$2,000 but less than $25,000, a fee of $300.
3. For projects with an estimated dollar value of at least 
$25,000 but less than $100,000, a fee of $500.
4. For projects with an estimated dollar value of at least 
$100,000 but less than $500,000, a fee of $750.
5. For projects with an estimated dollar value of at least 
$500,000 but less than $1 million, a fee of $1,500.
6. For projects with an estimated dollar value of at least $1 
million but less than $5 million, a fee of $2,500.
7. For projects with an estimated dollar value of over $5 mil-
lion, a fee of $5,000.
(b) Fee 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 by the department of the plans.
(c) Fee for plan revision. The fee for revision of previously 
approved plans shall be $100. This fee applies to plans that are 
revised for reasons other than those requested by the department. 
There is no fee for revisions requested by the department as a 
condition of original plan approval.
(d) Payment of fees. Fees shall be remitted at the time the 
plans are submitted to the department. No plan examinations, 
approvals or inspections may be made by the department until 
fees are received.
(5) NEW AND EXISTING BUILDINGS. (a) New construction 
and additions. New construction and any additions to CBRFs af-
ter April 1, 2009, shall meet the requirements of this subchapter.
(b) Existing facilities. Any remodeling of or change in licen-
sure class of CBRFs licensed before April 1, 2009, shall meet the 
requirements of this subchapter. For purposes of this subsection, 
if a remodeled area in any existing building, wing, or floor ex-
ceeds 50% of the total square footage of the building, wing, or 
floor, then the entire building, wing or floor shall be brought into 
compliance with the rules governing new construction which are 
in effect at the time of the plan submittal to the department.
(c) Newly licensed existing structures. Any existing building, 
or any portion thereof, seeking licensure as a CBRF after April 1, 
2009, shall meet the requirements of this subchapter.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; correction 
in (1), (3) (a), (b) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 
No. 672.
DHS 83.64 Building standards. (1) Building systems 
shall be installed according to all referenced standards. Systems 
include heating, ventilation and air conditioning, plumbing, elec-
trical, and fire protection.
(2) Interconnected detection systems in small facilities shall 
at minimum meet the provisions of NFPA 72, Chapter 11. Initial 
testing shall meet NFPA 72, Chapter 10.
(3) Facilities with a licensed capacity of 9 or more residents 
shall incorporate the interconnected detection system into a 
building fire alarm system complete with manual pull stations, 
horns and strobes, and a control panel with battery back-up which 
will activate a building-wide alarm if any initiating device is auto-
matically or manually activated, including activation of the sprin-
kler system.
(4) CBRFs of the following size and class shall be provided 
with automatic sprinkler systems in accordance with the chart 
and with the requirements under s. DHS 83.48 (8) (a).
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 January 2025 No. 829
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 83.64 WISCONSIN ADMINISTRATIVE CODE 28
Sprinkler System Chart for New Construction
Facility Class and Size Sprinkler System 
Requirement
CBRF Large ZA[-class (21 or 
more) NFPA 13 R or NFPA 13
CBRF Medium ZA[-class (9-20) NFPA 13 R or NFPA 13 or 
NFPA 13 D
CBRF Small ZA[-class (5-8) Not Required
CBRF Large ZC[-class (21 or 
more) NFPA 13
CBRF Medium ZC[-class (9-20) NFPA 13 D or NFPA 13 or 
NFPA 13 R
CBRF Small ZC[-class (5-8) NFPA 13 D or NFPA 13 R
(5) All CBRF with a license capacity of 9 or more residents 
shall have smoke compartments formed by smoke barriers in ac-
cordance with ch. SPS 361.
(6) Small class AA facilities shall have at least 2 primary ex-
its that are doors from each floor that provide unobstructed travel 
to grade level.
(7) All entrance and exit doors and interior doors serving all 
common living areas and all bathrooms and bedrooms in small 
CBRFs shall have a clear-width opening of at least 32 inches.
(8) All interior and exterior ramps shall have a slope of not 
more than one foot of rise in 12 feet of run.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; CR 10-091: 
am. (4) Register December 2010 No. 660, eff. 1-1-11; correction in (5) made under 
s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
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 January 2025 No. 829