The following is a brief summary of the rights of patients under Wisconsin law and administrative code. Patient rights with an asterisk (*) behind them may be limited or denied for certain reasons. See Client Rights - Limitation or Denial for further information.
Treatment rights
Every patient has the right to:
- Receive prompt and adequate treatment.
- Participate in their treatment planning.
- Be informed of their treatment and care.
- Refuse treatment and medications unless court-ordered.
- Be free from unnecessary or excessive medications.
Record privacy and access
(See also Confidentiality of Treatment Records)
- Staff must keep patient information confidential
- Records cannot be released without patient consent with some exceptions
- Patients may see their records
- They can always see records of their medications and health treatments
- During treatment, access may be limited if the risks outweigh benefits
- Patients may challenge the accuracy, completeness, timeliness or relevance of entries in their records
Communication rights
Every (in)patient has the right to:
- Have reasonable access to a telephone *
- See (or refuse to see) visitors daily *
- Send or receive mail
- Contact public officials, lawyers or patient advocates
Personal rights
Every (in)patient has the right to:
- Have the least restrictive environment, except for forensic patients
- Not be secluded or restrained except in an emergency when necessary to prevent harm to self or others
- Wear their own clothing and use their own possessions *
- Have regular and frequent exercise opportunities
- Have regular and frequent access to the outdoors
- Have staff make reasonable (non-arbitrary) decisions about them
- Refuse to work – except for personal housekeeping tasks
- Be paid for work they agree to do that is of financial benefit to the facility
Privacy rights
Every (in)patient has the right to:
- Not be filmed or taped without his or her consent
- Have privacy in toileting and bathing *
- Have a reasonable amount of secure storage space for his or her possessions *
Miscellaneous rights
Every patient has the right to:
- Be treated with dignity and respect by all staff of the provider
- Be informed of his or her rights
- Be informed of any costs of his or her care
- Refuse electroconvulsive therapy
- Refuse drastic treatment measures
- File complaints about violations of his or her rights
- Be free from any retribution for filing complaints
Laws and codes
- Wis. Stat. § 51.30 - Records
- Wis. Stat. § 51.61 - Patient Rights
- Wis. Admin. Code ch. DHS 92 - Confidentiality of Treatment of Records
- Wis. Admin. Code ch. DHS 94 - Patient Rights and Resolution of Patient Grievances
Related topics
Last Revised: September 28, 2020