AB336: Bill Text

LRB-3235/1

TJD:ahe

2017 - 2018 LEGISLATURE

2017 Assembly BILL 336

May 19, 2017 - Introduced by Committee on Health. Referred to Committee on Health.

AB336,1,3 An Act relating to: elimination of rules related to the Department of Children and Families from the Department of Health Services' rules regarding caregiver background checks.

Analysis by the Legislative Reference Bureau

This bill removes from the Department of Health Services' code chapter regarding caregiver background checks the references pertaining only to the Department of Children and Families and makes technical changes. DCF promulgated its own rules regarding caregiver background checks for facilities regulated by it.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB336,1 Section 1. DHS 12.01 of the administrative code is amended to read:

AB336,2,6 DHS 12.01 Authority and purpose. This chapter is promulgated under the authority of s. 48.685 (1) (ag) 1. a., (2) (d), (4), (5) (a), (6) (b) and (c), Stats.; and s. 50.065 (1) (ag) 1. a., (2) (d), (4), (5), (6) (b) and (c), Stats. ;, and s. 227.11 (2), Stats., to protect from harm clients served by department-regulated programs , children placed in foster homes licensed by county departments of social or human services or private child-placing agencies or children who are being adopted, and children served in day care programs contracted by local school boards under s. 120.13 (14), Stats., by requiring uniform background information screening of persons regulated and persons who are employees of or under contract to regulated entities or who are nonclient residents of regulated entities.

AB336,2 Section 2. DHS 12.02 (1) (a) of the administrative code is amended to read:

AB336,2,16 DHS 12.02 (1) (a) Persons and agencies affected. This chapter applies to the department; to applicants for regulatory approval from the department; and to persons, agencies and entities that have received regulatory approval from the department; to county department and child-placing agencies that license foster homes and approve applications for adoption home studies; to foster home license applicants and licensees and applicants for an adoption home study; to school boards that establish or contract for daycare programs under s. 120.13 (14), Stats., and to applicants and persons under contract to a school board to operate a day care program under s. 120.13 (14), Stats.

AB336,3 Section 3. DHS 12.03 (1) of the administrative code is repealed.

AB336,4 Section 4. DHS 12.03 (2) of the administrative code is amended to read:

AB336,2,21 DHS 12.03 (2) “Agency" means the department , or a county department or a school board or a child welfare agency licensed under s. 48.60, Stats., as a child-placing agency.

AB336,5 Section 5. DHS 12.03 (5) of the administrative code is repealed and recreated to read:

AB336,2,24 DHS 12.03 (5) (a) “Caregiver" means any of the following:

AB336,3,4 1. A person who is, or is expected to be, an employee or contractor of an entity, who is or is expected to be under the control of an entity, as defined by the department by rule, and who has, or is expected to have, regular, direct contact with clients of the entity.

AB336,3,6 2. A person who has, or is seeking, a license, certification, registration, or certificate of approval issued or granted by the department to operate an entity.

AB336,3,9 3. A person who is, or is expected to be, an employee of the board on aging and long-term care and who has, or is expected to have, regular, direct contact with clients.

AB336,3,14 (b) “Caregiver" does not include a person who is certified as an emergency medical technician under s. 256.15, Stats., if the person is employed, or seeking employment, as an emergency medical technician and does not include a person who is certified as a first responder under s. 256.15, Stats., if the person is employed, or seeking employment, as a first responder.

AB336,6 Section 6. DHS 12.03 (6) of the administrative code is amended to read:

AB336,3,18 DHS 12.03 (6) “Client" means a person who receives direct care or treatment services from an entity. For the purposes of this chapter, "client" includes an adopted child for whom an adoption assistance payment is being made under s. 48.975, Stats.

AB336,7 Section 7. DHS 12.03 (7) of the administrative code is amended to read:

AB336,3,21 DHS 12.03 (7) “Contractor" has the meaning specified in ss. 48.685 (1) (ar) and s. 50.065 (1) (bm), Stats.

AB336,8 Section 8. DHS 12.03 (10) of the administrative code is amended to read:

AB336,3,24 DHS 12.03 (10) “Direct contact" has the meaning specified in ss. 48.685 (1) (ar) and s. 50.065 (1) (br), Stats.

AB336,9 Section 9. DHS 12.03 (11) of the administrative code is amended to read:

AB336,4,2 DHS 12.03 (11) “Entity" has the meaning specified in s. 48.685 (1) (b) or 50.065 (1) (c), Stats., whichever is applicable.

AB336,10 Section 10. DHS 12.03 (12) of the administrative code is repealed.

AB336,11 Section 11. DHS 12.03 (14) of the administrative code is amended to read:

AB336,4,6 DHS 12.03 (14) “Nonclient resident" has the meaning specified in ss. 48.685 (1) (bm) and s. 50.065 (1) (cn), Stats.

AB336,12 Section 12. DHS 12.03 (17) (intro.) and (b) of the administrative code are consolidated, renumbered DHS 12.03 (17) and amended to read:

AB336,4,12 DHS 12.03 (17) “Regulatory approval" means : (b) For purposes of s. 50.065, Stats., issuance by the department of an entity license, certification, certificate of approval or registration, or approval by the department of the continuation of an entity license, certification, certificate of approval or registration.

AB336,13 Section 13. DHS 12.03 (17) (a) of the administrative code is repealed.

AB336,14 Section 14. DHS 12.03 (18) of the administrative code is amended to read:

AB336,4,18 DHS 12.03 (18) “Rehabilitation review" refers to an agency or tribal process where a person who is eligible under s. 48.685 (5) (a) or 50.065 (5), Stats., may seek the removal of a bar from regulatory approval, from employment as a caregiver at or contracting with an entity, or from residency at an entity.

AB336,15 Section 15. DHS 12.03 (19) of the administrative code is repealed.

AB336,16 Section 16. DHS 12.03 (20) of the administrative code is amended to read:

AB336,4,22 DHS 12.03 (20) “Serious crime" has the meaning specified in s. 48.685 (1) (c) or 50.065 (1) (e), Stats., whichever is applicable.

AB336,17 Section 17. DHS 12.03 (22) of the administrative code is repealed.

AB336,18 Section 18. DHS 12.04 (1) of the administrative code is amended to read:

AB336,5,8 DHS 12.04 (1) An entity may enter into and shall retain an agreement or contract with any entity identified under s. 48.685 (1) (b) or 50.065 (1) (c), Stats., or with any college, or university, including any vocational or technical college or school, or temporary employment agency or other person, to have the entity, school, temporary employment agency, or other person obtain and retain required background information related to caregivers, including contractors, students, or temporary employees, who, as part of their curriculum, must participate in clinical or practicum experiences at an entity.

AB336,19 Section 19. DHS 12.05 (1) (a) and (b) of the administrative code are amended to read:

AB336,5,14 DHS 12.05 (1) (a) Hires, employs, or contracts with a caregiver, or permits to reside at an entity a nonclient resident, where the entity knows or should have known the caregiver or nonclient resident is barred under s. 48.685 (4m) (b) or 50.065 (4m) (b), Stats.

AB336,5,16 (b) Violates any provision of initial background information gathering or periodic background information gathering required by s. 48.685 or 50.065, Stats.

AB336,20 Section 20. DHS 12.05 (2) (d) of the administrative code is amended to read: