AB336,2,168 DHS 12.02 (1) (a) Persons and agencies affected. This chapter applies to the
9department; to applicants for regulatory approval from the department; and to
10persons, agencies and entities that have received regulatory approval from the
11department; to county department and child-placing agencies that license foster
12homes and approve applications for adoption home studies; to foster home license
13applicants and licensees and applicants for an adoption home study; to school boards
14that establish or contract for daycare programs under s. 120.13 (14), Stats., and to
15applicants and persons under contract to a school board to operate a day care
16program under s. 120.13 (14), Stats
.
AB336,3 17Section 3. DHS 12.03 (1) of the administrative code is repealed.
AB336,4 18Section 4. DHS 12.03 (2) of the administrative code is amended to read:
AB336,2,2119 DHS 12.03 (2) “Agency" means the department , or a county department or a
20school board or a child welfare agency licensed under s. 48.60, Stats., as a
21child-placing agency
.
AB336,5 22Section 5. DHS 12.03 (5) of the administrative code is repealed and recreated
23to read:
AB336,2,2424 DHS 12.03 (5) (a) “Caregiver" means any of the following:
AB336,3,4
11. A person who is, or is expected to be, an employee or contractor of an entity,
2who is or is expected to be under the control of an entity, as defined by the department
3by rule, and who has, or is expected to have, regular, direct contact with clients of the
4entity.
AB336,3,65 2. A person who has, or is seeking, a license, certification, registration, or
6certificate of approval issued or granted by the department to operate an entity.
AB336,3,97 3. A person who is, or is expected to be, an employee of the board on aging and
8long-term care and who has, or is expected to have, regular, direct contact with
9clients.
AB336,3,1410 (b) “Caregiver" does not include a person who is certified as an emergency
11medical technician under s. 256.15, Stats., if the person is employed, or seeking
12employment, as an emergency medical technician and does not include a person who
13is certified as a first responder under s. 256.15, Stats., if the person is employed, or
14seeking employment, as a first responder.
AB336,6 15Section 6. DHS 12.03 (6) of the administrative code is amended to read:
AB336,3,1816 DHS 12.03 (6) “Client" means a person who receives direct care or treatment
17services from an entity. For the purposes of this chapter, "client" includes an adopted
18child for whom an adoption assistance payment is being made under s. 48.975, Stats.
AB336,7 19Section 7. DHS 12.03 (7) of the administrative code is amended to read:
AB336,3,2120 DHS 12.03 (7) “Contractor" has the meaning specified in ss. 48.685 (1) (ar) and
21s. 50.065 (1) (bm), Stats.
AB336,8 22Section 8. DHS 12.03 (10) of the administrative code is amended to read:
AB336,3,2423 DHS 12.03 (10) “Direct contact" has the meaning specified in ss. 48.685 (1) (ar)
24and
s. 50.065 (1) (br), Stats.
AB336,9 25Section 9. DHS 12.03 (11) of the administrative code is amended to read:
AB336,4,2
1DHS 12.03 (11) “Entity" has the meaning specified in s. 48.685 (1) (b) or 50.065
2(1) (c), Stats., whichever is applicable.
AB336,10 3Section 10. DHS 12.03 (12) of the administrative code is repealed.
AB336,11 4Section 11. DHS 12.03 (14) of the administrative code is amended to read:
AB336,4,65 DHS 12.03 (14) “Nonclient resident" has the meaning specified in ss. 48.685
6(1) (bm) and
s. 50.065 (1) (cn), Stats.
AB336,12 7Section 12. DHS 12.03 (17) (intro.) and (b) of the administrative code are
8consolidated, renumbered DHS 12.03 (17) and amended to read:
AB336,4,129 DHS 12.03 (17) “Regulatory approval" means : (b) For purposes of s. 50.065,
10Stats.,
issuance by the department of an entity license, certification, certificate of
11approval or registration, or approval by the department of the continuation of an
12entity license, certification, certificate of approval or registration.
AB336,13 13Section 13. DHS 12.03 (17) (a) of the administrative code is repealed.
AB336,14 14Section 14. DHS 12.03 (18) of the administrative code is amended to read:
AB336,4,1815 DHS 12.03 (18) “Rehabilitation review" refers to an agency or tribal process
16where a person who is eligible under s. 48.685 (5) (a) or 50.065 (5), Stats., may seek
17the removal of a bar from regulatory approval, from employment as a caregiver at
18or contracting with an entity, or from residency at an entity.
AB336,15 19Section 15. DHS 12.03 (19) of the administrative code is repealed.
AB336,16 20Section 16. DHS 12.03 (20) of the administrative code is amended to read:
AB336,4,2221 DHS 12.03 (20) “Serious crime" has the meaning specified in s. 48.685 (1) (c)
22or
50.065 (1) (e), Stats., whichever is applicable.
AB336,17 23Section 17. DHS 12.03 (22) of the administrative code is repealed.
AB336,18 24Section 18. DHS 12.04 (1) of the administrative code is amended to read:
AB336,5,8
1DHS 12.04 (1) An entity may enter into and shall retain an agreement or
2contract with any entity identified under s. 48.685 (1) (b) or 50.065 (1) (c), Stats., or
3with any college, or university, including any vocational or technical college or school,
4or temporary employment agency or other person, to have the entity, school,
5temporary employment agency, or other person obtain and retain required
6background information related to caregivers, including contractors, students, or
7temporary employees, who, as part of their curriculum, must participate in clinical
8or practicum experiences at an entity.
AB336,19 9Section 19. DHS 12.05 (1) (a) and (b) of the administrative code are amended
10to read:
AB336,5,1411 DHS 12.05 (1) (a) Hires, employs, or contracts with a caregiver, or permits to
12reside at an entity a nonclient resident, where the entity knows or should have
13known the caregiver or nonclient resident is barred under s. 48.685 (4m) (b) or 50.065
14(4m) (b), Stats.
AB336,5,1615 (b) Violates any provision of initial background information gathering or
16periodic background information gathering required by s. 48.685 or 50.065, Stats.
AB336,20 17Section 20. DHS 12.05 (2) (d) of the administrative code is amended to read:
AB336,5,2218 DHS 12.05 (2) (d) Specific conditions or limitations placed on the license,
19certification, or registration or on a school board-issued contract, including denial,
20revocation, nonrenewal, or suspension of regulatory approval issued by the
21department, or denial, nonrenewal or termination by a school board of a contract
22with a day care provider under s. 120.13 (14), Stats
.
AB336,21 23Section 21. DHS 12.05 (2) (e) of the administrative code is repealed.
AB336,22 24Section 22. DHS 12.06 (intro.) of the administrative code is amended to read:
AB336,6,4
1DHS 12.06 Determining whether an offense is substantially related to
2client care.
(intro.) To determine whether a crime or a delinquency adjudication
3under s. 48.685 (5m) or 50.065 (5m), Stats., is substantially related to the care of a
4client, the agency or entity may consider all of the following:
AB336,23 5Section 23. DHS 12.07 (2) (intro.) of the administrative code is amended to
6read:
AB336,6,137 DHS 12.07 (2) (intro.) When any of the following occurs relative to a signatory
8or other legal party to the entity application for regulatory approval or under which
9a contract under s. 120.13 (14), Stats., is signed,
or relative to a nonclient resident
10at the entity, an entity shall, as soon as possible, but no later than the regulatory
11agency's next business day, report the information to the agency that gave regulatory
12approval, or the school board with which the day care entity contracts under s. 120.13
13(14), Stats.
:
AB336,24 14Section 24. DHS 12.07 (3) of the administrative code is amended to read:
AB336,6,2115 DHS 12.07 (3) When a person begins residing at or is expected to reside at an
16entity, or the signatory for licensure changes, the entity shall, as soon as possible, but
17no later than the regulatory agency's next business day, report the residency,
18expected residency, or signatory change to the agency that gave regulatory approval
19or to the school board that the day care entity contracts with under s. 120.13 (14),
20Stats.,
and submit to the regulatory agency a completed background information
21disclosure form for the new nonclient resident or new signatory.
AB336,25 22Section 25. DHS 12.08 of the administrative code is amended to read:
AB336,7,5 23DHS 12.08 Armed forces background searches. If a person who is the
24subject of a background search under s. 48.685 or 50.065, Stats., served in a branch
25of the U.S. armed forces, including any reserve component, within the last 3 years,

1the agency or entity shall make a good faith effort to obtain the discharge status of
2that person, either from the discharge papers issued to the person or from the armed
3forces branch in which the person served. If the discharge status is other than
4honorable, the agency or entity shall obtain information on the nature and
5circumstances of the discharge.
AB336,26 6Section 26. DHS 12.09 of the administrative code is repealed.
AB336,27 7Section 27. DHS 12.11 of the administrative code is amended to read:
AB336,7,10 8DHS 12.11 Supervision pending receipt of caregiver background
9checks.
Entity supervision required under ss. 48.685 (4m) (c) and s. 50.065 (4m) (c),
10Stats., shall include at a minimum periodic direct observation of the person.
AB336,28 11Section 28. DHS 12.12 (1) (b) 1. and 2. of the administrative code are amended
12to read:
AB336,7,1513 DHS 12.12 (1) (b) 1. A tribal governing body may conduct rehabilitation
14reviews under ss. 48.685 (5) and s. 50.065 (5), Stats., if a plan submitted under s.
1548.685 (5d) or 50.065 (5d), Stats., has been approved by the department.
AB336,7,1816 2. Tribes desiring to conduct rehabilitation reviews shall send a rehabilitation
17review plan required under ss. 48.685 (5d) and s. 50.065 (5d), Stats., to the
18department.
AB336,29 19Section 29. DHS 12.12 (2) (a) (intro.) and 1. of the administrative code are
20consolidated, renumbered DHS 12.12 (2) (a) and amended to read:
AB336,8,321 DHS 12.12 (2) (a) Any person who is ineligible under s. 50.065 (4m) (a) or (b),
22or 48.685 (4m) (a) or (b), Stats., to receive regulatory approval, to be employed as a
23caregiver, or to contract with or reside at an entity, may request a rehabilitation
24review if the person meets both of the following conditions: 1. The person has not
25requested a rehabilitation review for a similar type of regulatory approval, job

1function or nonclient resident status within the preceding year. In this subdivision
2paragraph, “similar" means comparable regulatory approval, or a comparable job
3function or activity.
AB336,30 4Section 30. DHS 12.12 (2) (a) 2. of the administrative code is repealed.
AB336,31 5Section 31. DHS 12.12 (3) (a) and (b) of the administrative code are amended
6to read:
AB336,8,107 DHS 12.12 (3) (a) Obtain a rehabilitation review request form developed by the
8department or applicable tribe and submit the completed form to the agency that
9regulates the entity, or to the applicable tribe , or for day care programs established
10under s. 120.13 (14), Stats., to the school board
.
AB336,8,1311 (b) Submit any supporting documents and information required by the
12applicable rehabilitation review request form to the same agency , or tribe, or school
13board
.
AB336,32 14Section 32. DHS 12.12 (4) (a) of the administrative code is amended to read:
AB336,8,2015 DHS 12.12 (4) (a) Rehabilitation review panel. When an eligible person has
16filed a complete rehabilitation review request form along with all required additional
17and supporting information, the applicable agency, or tribe, or school board shall
18appoint a review panel of at least 2 persons to review the information submitted. The
19panel may request additional information from the person or from other agencies or
20persons familiar with the person requesting the review.
AB336,33 21Section 33. DHS 12.12 (5) (a) 3. of the administrative code is amended to read:
AB336,9,222 DHS 12.12 (5) (a) 3. If the review panel decides to deny approval of the
23rehabilitation request, the decision shall explain the reasons for the denial and
24inform the requester that he or she may appeal the decision as described in s. 48.685

1(5c) or
50.065 (5c), Stats., as applicable, by filing a written request for review of the
2decision within 10 days of receipt.
AB336,34 3Section 34. DHS 12.12 (6) (b) of the administrative code is amended to read:
AB336,9,84 DHS 12.12 (6) (b) Rehabilitation approval violation--mandatory withdrawal.
5An agency or tribe that has granted a person a rehabilitation approval shall
6withdraw the approval if the agency or tribe learns that the person is no longer
7eligible under s. 50.065 (4m) (a) or (b), or 48.685 (4m) (a) or (b), Stats., for regulatory
8approval, to be employed as a caregiver, or to contract with or reside at an entity.
AB336,9,99 (End)
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