Beginning on January 1, 1999, and annually thereafter, the department shall submit a report to the legislature under s. 13.172 (2)
that specifies the number of persons in the previous year who have requested to demonstrate to the department that they have been rehabilitated under sub. (5)
, the number of persons who successfully demonstrated that they have been rehabilitated under sub. (5)
and the reasons for the success or failure of a person who has attempted to demonstrate that he or she has been rehabilitated.
Notwithstanding s. 111.335
, the department may refuse to license, certify or register, or issue a certificate of approval to, a caregiver and an entity may refuse to employ or contract with a caregiver or to permit a nonclient resident to reside at the entity, if the caregiver or nonclient resident has been convicted of an offense that is not a serious crime, but that is, in the estimation of the department or entity, substantially related to the care of a client.
The department shall require any person who applies for issuance or continuation of a license, certification, certificate of approval or registration to operate an entity to complete a background information form that is provided by the department.
Every 4 years an entity shall require its caregivers and nonclient residents to complete a background information form that is provided to the entity by the department, except that an entity need not require those caregivers to whom par. (b)
does not apply to complete the form if the entity requires the caregivers to disclose to the entity, in writing, all information requested on the form and notifies the caregivers annually of the disclosure requirement.
For caregivers who are licensed, issued a certificate of approval or certified by, or registered with, the department, for nonclient residents, and for other persons specified by the department by rule, the entity shall send the background information form to the department.
A person who provides false information on a background information form required under this subsection or a caregiver who fails to report information as required under a disclosure policy described under par. (am)
may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.
The department shall do all of the following:
Conduct throughout the state periodic training sessions that cover criminal background investigations; reporting and investigating misappropriation of property or abuse or neglect of a client; and any other material that will better enable entities to comply with the requirements of this section.
Provide a background information form that requires the person completing the form to include his or her date of birth on the form.
The department may charge a fee for obtaining the information required under sub. (2) (am)
or (3) (a)
or for providing information to an entity to enable the entity to comply with sub. (2) (b)
or (3) (b)
. No fee may be charged to a nurse aide, as defined in s. 146.40 (1) (d)
, for obtaining or maintaining the information if to do so would be inconsistent with federal law.
History: 1997 a. 27
; 1999 a. 9
; 2001 a. 109
; 2005 a. 25
; 2007 a. 20
s. 9121 (6) (a)
; 2007 a. 97
; 2009 a. 276
; 2011 a. 32
; 2013 a. 20
; 2013 a. 173
; 2015 a. 366
; 2017 a. 12
When a collective bargaining agreement required just cause for termination and provided the right to grieve any termination decision, a county did not have sole discretion under sub. (5m) to decide whether to terminate an employee for the commission of a non-serious crime substantially related to the care of a client. As the county had the authority under sub. (5m) to retain the employee despite a conviction, nothing prevented it from agreeing to do so in a manner consistent with the collective bargaining agreement. Brown County v. Wisconsin Employment Relations Commission, 2007 WI App 247
, 306 Wis. 2d 213
, 742 N.W.2d 916
Prohibited acts. 50.07(1)(a)
Intentionally fail to correct or interfere with the correction of a class “A" or class “B" violation within the time specified on the notice of violation or approved plan of correction under s. 50.04
as the maximum period given for correction, unless an extension is granted and the corrections are made before expiration of extension.
Intentionally prevent, interfere with, or attempt to impede in any way the work of any duly authorized representative of the department in the investigation and enforcement of any provision of this subchapter.
Intentionally prevent or attempt to prevent any such representative from examining any relevant books or records in the conduct of official duties under this subchapter.
Intentionally prevent or interfere with any such representative in the preserving of evidence of any violation of any of the provisions of this subchapter or the rules promulgated under this subchapter.
Intentionally retaliate or discriminate against any resident or employee for contacting or providing information to any state official, including any representative of the office of the long-term care ombudsman under s. 16.009 (4)
, or for initiating, participating in, or testifying in an action for any remedy authorized under this subchapter.
Intentionally retaliate or discriminate against any resident or employee on whose behalf another person contacted or provided information to any state official, including any representative of the office of the long-term care ombudsman under s. 16.009 (4)
, or initiated, participated in or testified in an action for any remedy authorized under this subchapter.
Intentionally destroy, change or otherwise modify an inspector's original report.
Violators of this section may be imprisoned up to 6 months or fined not more than $1,000 or both for each violation.
Any employee who is discharged or otherwise retaliated or discriminated against in violation of sub. (1) (e)
may file a complaint with the department of workforce development under s. 106.54 (5)
Any person not described in par. (b)
who is retaliated or discriminated against in violation of sub. (1) (e)
may commence an action in circuit court for damages incurred as a result of the violation.
Sub. (1) (e) does not provide a remedy to a terminated employee and does not prevent a private action for wrongful termination to an employee who reports abuse. There is a public policy exception to the employment-at-will doctrine in this case. Hausman v. St. Croix Care Center, Inc. 214 Wis. 2d 655
, 571 N.W.2d 393
This section is similar to a patient's bill of rights. Sub. (1) (e) protects both patients and employees. An insurance policy providing coverage to a nursing home for personal injuries interfering with rights provided by a patient's bill of rights was applicable to a wrongful discharge claim alleging interference with the plaintiff's rights under sub. (1) (e). St. Paul Fire and Marine Insurance Co. v. Hausman, 231 Wis. 2d 25
, 604 N.W.2d 908
(Ct. App. 1999), 99-1125
Informed consent for psychotropic medications. 50.08(1)(c)
“Person acting on behalf of the resident" means a guardian of the person, as defined in s. 54.01 (12)
, or a health care agent, as defined in s. 155.01 (4)
“Psychotropic medication" means an antipsychotic, an antidepressant, lithium carbonate, or a tranquilizer.
A physician, an advanced practice nurse prescriber certified under s. 441.16 (2)
, or a physician assistant licensed under ch. 448
, who prescribes a psychotropic medication to a nursing home resident who has degenerative brain disorder shall notify the nursing home if the prescribed medication has a boxed warning under 21 CFR 201.57
Except as provided in sub. (3m)
, before administering a psychotropic medication that has a boxed warning under 21 CFR 201.57
to a resident who has degenerative brain disorder, a nursing home shall obtain written informed consent from the resident or, if the resident is incapacitated, a person acting on behalf of the resident, on a form provided by the department under par. (b)
or on a form that contains the same information as the form under par. (b)
The department shall make available on its website or by mail multiple, drug-specific forms for obtaining informed consent under par. (a)
for the administration of psychotropic medication that contain all of the following:
A space for a description of the benefits of the proposed treatment and the way the medication will be administered.
A description, using the most recently issued information from the federal food and drug administration, of the side effects or risks of side effects of the medication and any warnings about the medication.
A space for a description of any alternative treatment modes or medications.
A space for a description of the probable consequences of not receiving the medication.
A space for indicating the period for which the informed consent is effective, which shall be no longer than 15 months from the time the consent is given.
A statement that the resident or a person acting on behalf of the resident may withdraw informed consent, in writing, at any time.
A declaration that the resident or the person acting on behalf of the resident has been provided with specific, complete, and accurate information, and time to study the information or to seek additional information concerning the medication.
A space for the signature of the resident or the person acting on behalf of the resident.
If a health care agent is acting on behalf of a resident, the health care agent shall give informed consent in accordance with the desires of the resident as expressed in the power of attorney for health care instrument under ch. 155
or, if the resident's desires are unknown, in accordance with s. 155.20 (5)
Upon request, the nursing home shall give the resident, or a person acting on behalf of the resident, a copy of the completed informed consent form.
Unless consent is withdrawn sooner, written informed consent obtained under this subsection is valid for the period specified on the informed consent form but not for longer than 15 months from the date the resident, or a person acting on behalf of the resident, signed the form.
A resident, or a person acting on behalf of the resident, may withdraw consent, in writing, at any time.
At the time a resident, or a person acting on behalf of the resident, signs the informed consent form, the nursing home shall orally inform the resident, or the person acting on behalf of the resident, of all of the following:
That the resident, or the person on behalf of the resident, may withdraw consent, in writing, at any time.
That, unless consent is withdrawn sooner, the informed consent is valid for the period specified on the informed consent form or for 15 months from the date on which the resident, or the person acting on behalf of the resident, signs the form, whichever is shorter.
No person may retaliate against or threaten to retaliate against a resident or person acting on behalf of a resident for refusing to provide or withdrawing consent.
The nursing home shall use the most current written informed consent forms available from the department or shall update its own forms with the most current information about the medications available from the department.
A nursing home is not required to obtain written informed consent before administering a psychotropic medication to a resident under sub. (3)
if the prescription for the psychotropic medication is written or reauthorized while the resident is off of the nursing home's premises.
A nursing home is not required to obtain written informed consent before administering a psychotropic medication to a resident under sub. (3)
if all of the following apply:
The resident is not the subject of a court order to administer psychotropic medications under s. 55.14
There is an emergency in which a resident is at significant risk of physical or emotional harm or the resident puts others at significant risk of physical harm and in which time and distance preclude obtaining written informed consent before administering psychotropic medication.
A physician has determined that the resident or others will be harmed if the psychotropic medication is not administered before written informed consent is obtained.
If par. (a)
applies, the nursing home shall obtain oral consent from the resident or, if the resident is incapacitated, a person acting on behalf of the resident, before administering the psychotropic medication, except as provided in par. (c)
. The oral consent shall be entered in the resident's medical record. The oral consent shall be valid for 10 days, after which time the nursing home may not continue to administer the psychotropic medication unless it has obtained written informed consent under sub. (3)
If par. (a)
applies, the resident is incapacitated, and the nursing home has made a good faith effort to obtain oral consent, under par. (b)
, of a person acting on behalf of the resident but has been unable to contact such a person, the nursing home may administer the psychotropic medication to the resident for up to 24 hours before obtaining consent under par. (a)
or sub. (3)
History: 2009 a. 281
; 2017 a. 365
Visitation by family members. 50.085(1)(a)
“Adult child" means an individual who is at least 18 years of age and who is related to a resident biologically, through adoption, through the marriage or former marriage of the resident to the biological parent of the adult child, or by a judgment of parentage entered by a court of competent jurisdiction.
“Family member" means any spouse, adult child, adult grandchild, parent, or sibling of a resident.
“Resident" means an adult resident of any of the following:
Any home or other residential dwelling in which the resident is receiving care and services from any person.
“Visitation" means an in-person meeting or any telephonic, written, or electronic communication.
Petition for visitation.
If a family member is being denied visitation with a resident, the family member may petition a court to compel visitation with the resident. The court may not issue an order compelling visitation if the court finds any of the following:
The resident, while having the capacity to evaluate and communicate decisions regarding visitation, expresses a desire to not have visitation with that family member.
Visitation between the petitioning family member and the resident is not in the best interest of the resident.
If the petition under sub. (2)
states that the resident's health is in significant decline or that the resident's death may be imminent, the court shall conduct an emergency hearing on the petition under sub. (2)
as soon as practicable and no later than 10 days after the date the petition is filed with the court.
Upon a motion or on the court's own motion, if the court finds during a hearing on a petition under sub. (2)
that a person is knowingly isolating a resident, the court shall order the person to pay court costs and reasonable attorney fees of the petitioner under sub. (2)
and may order other appropriate remedies. No costs, fees, or other sanctions may be paid from the resident's finances or estate.
History: 2015 a. 343
Rights of residents in certain facilities. 50.09(1)(1)
Every resident in a nursing home or community-based residential facility shall, except as provided in sub. (5)
, have the right to:
Private and unrestricted communications with the resident's family, physician, physician assistant, advanced practice nurse prescriber, attorney, and any other person, unless medically contraindicated as documented by the resident's physician, physician assistant, or advanced practice nurse prescriber in the resident's medical record, except that communications with public officials or with the resident's attorney shall not be restricted in any event. The right to private and unrestricted communications shall include, but is not limited to, the right to:
Receive, send and mail sealed, unopened correspondence, and no resident's incoming or outgoing correspondence shall be opened, delayed, held or censored.
Reasonable access to a telephone for private communications.