Wisconsin Administrative Code
Department of Health Services
DHS 30-100 - Community Services
Chapter DHS 92 - Confidentiality Of Treatment Records
Section DHS 92.02 - Definitions
Current through February 26, 2024
In this chapter:
(1) "Board" means the community board established under s. 46.23, 51.42 or 51.437, Stats.
(2) "Court order" means a lawful order of a court of competent jurisdiction.
(3) "Department" means the department of health services.
(4) "Director" has the meaning designated in s. 51.01(6), Stats.
(5) "Discharge" has the meaning designated in s. 51.01(7), Stats.
(6) "Inpatient facility" has the meaning designated in s. 51.01(10), Stats.
(7) "Patient" means any individual who is receiving or who at any time has received services for mental illness, developmental disabilities, alcoholism or drug dependence from the department, a board, a treatment facility, or from persons providing services under contract to the department, a board or a treatment facility.
(8) "Program director" means the administrative director appointed by the board.
(9) "Pupil records" has the meaning designated in s. 118.125(1) (d), Stats.
(10) "Qualified staff" means only those board staff or department staff who require confidential information for a valid reason connected with their assignment in the administration of services provided by the board or department.
(11) "Service provider" means a person who provides services under contract to the department, a board or a treatment facility, including any employee, consultant, volunteer, agency or organization providing any assessment, treatment or other service or rendering any consultation or opinion regarding any patient assessment, need for service or course of treatment, whether as a contractor, subcontractor or in any other capacity.
(12) "Somatic treatment" means treatment by physical means.
Note: Somatic treatments include administration of medications, psychosurgery and electroconvulsive shock.
(13) "Treatment" has the meaning designated in s. 51.01(17), Stats., namely, those psychological, educational, social, chemical, medical or somatic techniques designed to bring about rehabilitation of a mentally ill, alcoholic, drug dependent or developmentally disabled person.
(14) "Treatment director" has the meaning designated in s. 51.01(18), Stats., except that in a hospital as defined under s. 50.33(2) (a), Stats., the treatment director is the patient's primary physician.
(15) "Treatment facility" has the meaning designated in s. 51.01(19), Stats., namely, any publicly or privately operated facility or unit of a facility providing treatment of alcoholic, drug dependent, mentally ill or developmentally disabled persons, including but not limited to inpatient and outpatient treatment programs and rehabilitation programs.
(16) "Treatment records" has the meaning designated in s. 51.30(1) (b), Stats., namely, all records concerning individuals who are receiving or who at any time have received services for mental illness, developmental disabilities, alcoholism, or drug dependence which are maintained by the department, by boards and their staffs, and by treatment facilities. "Treatment records" include written, computer, electronic and microform records, but do not include notes or records maintained for personal use by an individual providing treatment services for the department, a board, or a treatment facility if the notes or records are not available to others.
