1. (1) Consent. Any medical examination or service provided to a resident shall be provided only by an individual licensed to perform the examination or service being provided. Before an examination or service is provided, written consent to perform the examination or service shall be obtained pursuant to the applicable law relating to the type of service and the age of the resident.

   Note: DCF-F-CFS2379-E, Medical Services Consent – Child Welfare Facilities, is available in the forms section of the department website at https://dcf.wisconsin.gov/forms.

2. (2) Health care.

   1. (a) A licensee shall provide each resident with necessary and preventative medical, dental, and optical care consistent with the resident’s age-based periodicity schedule and whenever additional care is needed.
   2. (b) A licensee shall provide each resident with mental health care as needed based on the resident’s treatment plan and the recommendation of the resident’s mental health provider.
   3. (c) A licensee may not deny a resident access to confidential family planning and reproductive health services.

3. (3) Medication storage. The licensee shall comply with all of the following requirements for storing medication:

   1. (a) Medication, including over-the-counter medication, shall be kept in the container in which it was purchased or prescribed.
   2. (b) Medication shall be kept in a locked storage device in a location that is inaccessible to persons who do not have permission to access the medication.
   3. (c) Medication shall be stored according to the requirements of each medication.

4. (4) Medication administration.

   1. (a) Procedure. A licensee shall create a written procedure that specifies how a staff member is to do all of the following:

      1. 1. Administer a resident’s medication.
      2. 2. Observe the resident taking the medication.
      3. 3. Monitor the resident for side effects to the administered medication.
      4. 4. Monitor for reactions due to refusal of medication.
      5. 5. Abide by clinically acceptable standards for good medical practice.

   2. (b) Authorization.

      1. 1. The licensee may not allow a staff member to administer medication unless the staff member has received and reviewed the procedure under par. (a) and has been authorized in writing by the program director or group home manager to administer medication.
      2. 2. Prescription medication may be administered if there is a written order from the resident’s medical provider in the resident’s record authorizing the use of the medication.
      3. 3. Over-the-counter medication that is approved by the federal food and drug administration may be administered to a resident if it is not contraindicated with any other medication prescribed to the resident.
      4. 4. A licensee shall obtain approval from a medical provider before administering a dietary supplement, natural supplement, or vitamin that is not approved by the federal food and drug administration to a resident and shall follow the same procedure as specified in par. (c).
      5. 5. A licensee shall document the administration of the dietary supplement, natural supplement or vitamin as specified in sub. (5).

   3. (c) Medication instructions. A staff member shall review all of the following prior to administering a specific prescribed or over-the counter medication:

      1. 1. The condition for which the medication is being administered and the instructions for administering the prescribed medication as indicated on the label and any other instructions that came with the medication.
      2. 2. The instructions for administering an over-the-counter medication as indicated on the label, unless there are instructions in writing or verbally from a medical provider with alternative instructions on the dosage or how the medication should be administered.
      3. 3. Any other information that may be relevant to administration of the medication.

5. (5) Medication administration record.

   1. (a) The staff member administering the medication shall document all of the following:

      1. 1. Full name of the resident to whom the medication was administered.
      2. 2. Date and time the medication was administered and the method of administration.
      3. 3. Name and dosage of the administered medication or medical treatment received.
      4. 4. Refusal, adverse reaction, or error in medication administration.
      5. 5. Name of the staff member administering the medication.

   2. (b) The medication administration record shall be on a form prescribed by the department or a licensee’s electronic version that includes all of the information specified in par. (a).

      Note: Form DCF-F-CFS2338, Medication Administration Record - Group Homes, is a voluntary form that may be used to comply with this subsection. The form is available at https://dcf.wisconsin.gov/cwlicensing/forms.

6. (6) Psychotropic medication.

   1. (a) Definition. In this subsection, “psychotropic medication” means any drug that affects the mind and is used to manage a resident’s behavior or psychiatric symptoms and may include an antipsychotic, antidepressant, lithium carbonate, or tranquilizer.
   2. (b) Rights of residents. A licensee shall comply with the provisions of s. 51.61 (1) (g) and (h), Stats., for each resident who is prescribed psychotropic medication.

   3. (c) Procedural requirements. A licensee serving a resident for whom psychotropic medication is newly prescribed shall ensure that all of the following requirements are met:

      1. 1. The licensee shall collaborate with the placing agency to ensure that the resident attends all medical evaluations and that the evaluation detailing the reason for the type of psychotropic medication prescribed is documented in the resident’s record within 7 days after the resident has been prescribed a new psychotropic medication.
      2. 2. Unless the medication is administered under a court order, written consent shall be obtained from the resident if the resident is 14 years of age or older and from the parent or guardian as required under s. DHS 94.03.
      3. 3. All staff members that administer psychotropic medication are informed of the medication’s potential benefits, side effects, and contraindicated medications.

   4. (d) Revocation of consent or refusal to take.

      1. 1. Unless the medication is administered under court order, a resident’s parent or guardian or a resident 14 years of age or older may revoke consent for nonemergency use of psychotropic medications to the extent permitted by law at any time, as provided under s. DHS 94.03.
      2. 2. When consent is revoked, the licensee shall inform the prescribing medical provider and the placing agency of the consent revocation and document the revocation in the resident’s record.

      3. 3. When a resident refuses to take a prescribed psychotropic medication, the licensee shall do all of the following:

         1. a. Document the reasons for refusal in the resident’s record.
         2. b. Notify the resident’s medical provider; the parent, guardian, legal custodian, or Indian custodian; and the placing agency. Notification shall be immediate if the resident’s refusal threatens the resident’s well-being and safety.

7. (7) Medication disposal.

   1. (a) The licensee shall dispose of medication at an authorized department of health services or law enforcement pharmaceutical drop-off site within one week after the medication’s expiration date or the date the medication is no longer in use by the resident for whom the medication was prescribed or purchased.

      Note: The Department of Health Services’ authorized pharmaceutical drop-off sites are listed at https://www.dhs.wisconsin.gov/opioids/permanent-drug-drop-boxes.htm.

   2. (b) The licensee shall maintain a log of medication that has been disposed of that includes all of the following:

      1. 1. Name of the resident to whom the medication belongs.
      2. 2. Name of the medication.
      3. 3. Amount of medication that was disposed.
      4. 4. Date and location where the medication was disposed.
      5. 5. Name of the staff member who disposed of the medication.
8. (8) Release of medication. At the time of a resident’s discharge, the licensee shall release medication to a resident’s parent, guardian, legal custodian, or Indian custodian and document the medication release on the log of medication as specified in sub. (7) (b) 1. to 5.

History

History: CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26; correction in (4) (b) 4. made under s. 35.17, Stats., Register May 2026 No. 845.