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Community Grievance Decision Digest
INFORMED OF RIGHTS, RIGHT TO BE
The decision summaries regarding this law may be found in the document:
Community Grievance Decision
Digest: Decisions. (PDF, 512KB)
THE LAW:
Each patient shall: "Upon admission or commitment be informed orally and in writing of his or her rights under [s. 51.61]. Copies of
this section shall be posted conspicuously in each patient area, and shall be available to the patient's guardian or immediate family." ss.
51.61(1)(a), Wis. Stats. [Emphasis added.]
- "At the time of admission or, in the case of an outpatient, before treatment is begun, the patient shall be notified
both orally and in writing of his or her rights in accordance with s. 51.61(1)(a), Stats., and this section. The guardian of a patient
who is incompetent and the parent of a minor patient shall also be notified, if they are available. Notification is not required before
admission or treatment when there is an emergency.
- If a patient is unable to understand the notification of rights, written and oral notification shall be made to the parent or guardian,
if available, at the time of the patient's admission or, in the case of an outpatient, before treatment is begun, and to the patient when the
patient is able to understand.
- All notification of rights, both oral and written, shall be in language understood by the patient, including sign language,
foreign language or simplified language when that is necessary. A simplified, printed version of patients rights shall be conspicuously
posted in each patient area.
DHS 94.04, Wis. Admin. Code [Emphasis added.] Access to Records following discharge:
- "The subject individual shall have a right, following discharge under s. 51.35(4), to a complete record of all medications and
somatic treatments prescribed during admission or commitment and to a copy of the discharge summary which was prepared at the time of
his or her discharge. A reasonable and uniform charge for reproduction may be assessed.
- In addition to the information provided under subd. 2, the subject individual shall, following discharge, if the individual so
requests, have access to and have the right to receive from the facility a photostatic copy of any or all of his or her treatment
records. A reasonable and uniform charge for reproduction may be assessed. The director of the treatment facility or such person's designee
and the treating physician have a right to be present during inspection of any treatment records. Notice of inspection of treatment records
shall be provided to the director of the treatment facility and the treating physician at least one full day, excluding Saturdays, Sundays
and legal holidays, before inspection of the records is made. Treatment records may be modified prior to inspection to protect
the confidentiality of other patients or the names of any other persons referred to in the record who gave information subject to the
condition that his or her identity remain confidential. Entire documents may not be withheld in order to protect such confidentiality.
- At the time of discharge all individuals shall be informed by the director of the treatment facility or such person's designee of
their rights as provided in this subsection."
ss. 51.30(4)(d), Wis. Stats. [Emphasis added] Last Updated: June 18, 2009
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