1. (1) Authority and purpose. This chapter is promulgated under the authority of s. 51.61 (5) (b) and (9), Stats., to implement s. 51.61, Stats., concerning the rights of patients receiving treatment for mental illness, a developmental disability, or substance use.

2. (2) To whom the rules apply.

   1. (a) Except as provided in par. (b), this chapter applies to the department, to county departments established under s. 46.23, 51.42 or 51.437, Stats., and to all treatment facilities and other service providers, whether or not under contract to a county department, including the state-operated mental health institutes and centers for the developmentally disabled, habilitation or rehabilitation programs, programs certified under ch. DHS 61 and facilities licensed under ch. DHS 124 which also provide treatment for persons with substance use disorders, mental illnesses, or developmental disabilities. This chapter also applies to correctional institutions in which inmates receive treatment for mental disorders, but only in relation to patient rights specified in s. 51.61 (1) (a), (d), (f), (g), (h), (j) and (k), Stats. This chapter does not apply to a hospital emergency room.

      Note: The mental health treatment of inmates of correctional institutions is governed by ch. DOC 314. The application of ch. DHS 94 to correctional institutions is consistent with ss. DOC 314.02 (9) and 314.04 (1) (c).

   2. (b) Subchapter III does not apply to the grievance procedures of the state mental health institutes, the state centers for persons with developmental disabilities or units housing patients committed under ch. 980, Stats., nor does it apply to individual private practitioners who deliver services through offices that are not part of a program.

History

History: Cr. Register, January, 1987, No. 373, eff. 2-1-87; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1995, No. 474; am. (1), renum. (2) to be (2) (a) and am., cr. (2) (b), Register, June, 1996, No. 486, eff. 7-1-96; corrections in (2) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 25-055: am. (1), (2) (a) Register February 2026 No. 842, eff. 3-1-26; correction in (1) made under s. 35.17, Stats., Register February 2026 No. 842.