AB100-ASA1-AA9,19,2120 3. Information maintained by the department of regulation and licensing
21regarding the status of the person's credentials, if applicable.
AB100-ASA1-AA9,19,2322 4. Information maintained by the department regarding any substantiated
23reports of child abuse or neglect against the person.
AB100-ASA1-AA9,19,2524 (b) 1. Subject to subds. 2. and 3., every entity shall obtain all of the following
25with respect to a person specified under par. (ag) (intro.):
AB100-ASA1-AA9,20,2
1a. A criminal history search from the records maintained by the department
2of justice.
AB100-ASA1-AA9,20,43 b. Information that is contained in the registry under s. 146.40 (4g) regarding
4any findings against the person.
AB100-ASA1-AA9,20,65 c. Information maintained by the department of regulation and licensing
6regarding the status of the person's credentials, if applicable.
AB100-ASA1-AA9,20,87 d. Information maintained by the department regarding any substantiated
8reports of child abuse or neglect against the person.
AB100-ASA1-AA9,20,129 2. Subdivision 1. does not apply with respect to a person with whom the entity
10contracts or whom the entity employs to provide infrequent or sporadic services,
11including maintenance services and other services that are not directly related to the
12care of a client.
AB100-ASA1-AA9,20,1813 3. Subdivision 1. does not apply with respect to a person under 18 years of age
14whose background information form under sub. (6) (am) indicates that the person is
15not ineligible to be employed, contracted with or permitted to reside at the entity for
16a reason specified in par. (ag) 1. to 5. and with respect to whom the entity otherwise
17has no reason to believe that the person is ineligible to be employed, contracted with
18or permitted to reside at the entity for any of those reasons.
AB100-ASA1-AA9,21,219 (bg) If an entity takes an action specified in par. (ag) (intro.) with respect to a
20person for whom, within the last 4 years, the information required under par. (b) 1.
21a. to c. has already been obtained, either by another entity or by a temporary
22employment agency, the entity may obtain the information required under par. (b)
231. a. to c. from that other entity or temporary employment agency, which shall
24provide the information, if possible, to the entity. If an entity cannot obtain the
25information required under par. (b) 1. a. to c. from another entity or from a temporary

1employment agency, the entity shall obtain that information from the sources
2specified in par. (b) 1. a. to c.
AB100-ASA1-AA9,21,83 (bm) If the person who is the subject of the search under par. (am) or (b) 1. is
4not a resident of this state, or if at any time within the 3 years preceding the date of
5the search that person has not been a resident of this state, the department or entity
6shall make a good faith effort to obtain from any state in which the person is a
7resident or was a resident within the 3 years preceding the date of the search
8information that is equivalent to the information specified in par. (am) 1. or (b) 1. a.
AB100-ASA1-AA9,21,159 (c) If the background information form completed by a person under sub. (6)
10(am) indicates that the person is not ineligible to be employed, contracted with or
11permitted to reside at an entity for a reason specified in par. (ag) 1. to 5., an entity
12may employ or contract with the person or permit the person to reside at the entity
13for not more than 60 days pending the receipt of the information sought under par.
14(b) 1. An entity shall provide supervision for a person who is employed or contracted
15with or permitted to reside as permitted under this paragraph.
AB100-ASA1-AA9,21,18 16(3) (a) Every 4 years or at any time within that period that the department
17considers appropriate, the department shall request the information specified in
18sub. (2) (am) 1. to 4. for all persons who are licensed to operate an entity.
AB100-ASA1-AA9,21,2119 (b) Every 4 years or at any other time within that period that an entity
20considers appropriate, the entity shall request the information specified in sub. (2)
21(b) 1. a. to d. for all persons specified in sub. (2) (ag) (intro.).
AB100-ASA1-AA9,22,2 22(3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department obtains the
23information required under sub. (2) (am) or (3) (a) with respect to a person specified
24in sub. (2) (a) (intro.) and that person is also an employe, contractor or resident of the

1entity, the entity is not required to obtain the information specified in sub. (2) (b) 1.
2or (3) (b) with respect to that person.
AB100-ASA1-AA9,22,4 3(4) An entity that violates sub. (2) or (3) may be required to forfeit not more than
4$1,000 and may be subject to other sanctions specified by the department by rule.
AB100-ASA1-AA9,22,13 5(5) The department may license to operate an entity a person who otherwise
6may not be licensed for a reason specified in sub. (2) (a) 1. to 5., and an entity may
7employ, contract with or permit to reside at the entity a person who otherwise may
8not be employed, contracted with or permitted to reside at the entity for a reason
9specified in sub. (2) (ag) 1. to 5., if the person demonstrates to the department by clear
10and convincing evidence and in accordance with procedures established by the
11department by rule that he or she has been rehabilitated. No person who has been
12convicted of any of the following offenses may be permitted to demonstrate that he
13or she has been rehabilitated:
AB100-ASA1-AA9,22,1414 (a) First-degree intentional homicide under s. 940.01.
AB100-ASA1-AA9,22,1515 (b) First degree sexual assault under s. 940.225 (1).
AB100-ASA1-AA9,22,1616 (c) First degree sexual assault of a child under s. 948.02 (1).
AB100-ASA1-AA9,22,1917 (d) Second degree sexual assault of a child under s. 948.02 (2) if the person was,
18at the time of the sexual contact or sexual intercourse, more than 4 years older than
19the child with whom the person had the sexual contact or sexual intercourse.
AB100-ASA1-AA9,22,2420 (e) Repeated acts of sexual assault of the same child under s. 948.025 if the child
21had not attained the age of 13, or if the child had attained the age of 13 and had not
22attained the age of 16 and the person was, at the time of the sexual contact or sexual
23intercourse, more than 4 years older than the child with whom the person had the
24sexual contact or sexual intercourse.
AB100-ASA1-AA9,23,5
1(5c) Any person who is permitted but fails under sub. (5) to demonstrate to the
2department that he or she has been rehabilitated may appeal to the secretary of
3health and family services or his or her designee. Any person who is adversely
4affected by a decision of the secretary or his or her designee under this subsection has
5a right to a contested case hearing under ch. 227.
AB100-ASA1-AA9,23,13 6(5g) Beginning on the first January 1 after the effective date of this subsection
7.... [revisor inserts date], and annually thereafter, the department shall submit a
8report to the legislature under s. 13.172 (2) that specifies the number of persons in
9the previous year who have requested to demonstrate to the department that they
10have been rehabilitated under sub. (5), the number of persons who successfully
11demonstrated that they have been rehabilitated under sub. (5) and the reasons for
12the success or failure of a person who has attempted to demonstrate that he or she
13has been rehabilitated.
AB100-ASA1-AA9,23,20 14(5m) Notwithstanding s. 111.335, the department may refuse to license a
15person to operate an entity, and an entity may refuse to employ, contract with or
16permit to reside at the entity a person specified in sub. (2) (ag) (intro.), if the person
17has been convicted of an offense that the department has not defined as a "serious
18crime" by rule promulgated under sub. (7) (a), or specified in the list established by
19rule under sub. (7) (b), but that is, in the estimation of the department or entity,
20substantially related to the care of a client.
AB100-ASA1-AA9,23,23 21(6) (a) The department shall require any person who applies for issuance or
22continuation of a license to operate an entity to complete a background information
23form that is provided by the department.
AB100-ASA1-AA9,24,3
1(am) Every 4 years an entity shall require all of the following persons to
2complete a background information form that is provided to the entity by the
3department:
AB100-ASA1-AA9,24,64 1. A person who is an employe, prospective employe, contractor or prospective
5contractor of the entity, who will be under the entity's control and who has, or is
6expected to have, access to its clients, other than a person specified in sub. (2) (b) 2.
AB100-ASA1-AA9,24,97 2. A person who is a resident or prospective resident at the entity and who is
8not a client or prospective client of the entity, if the person has, or is expected to have,
9access to any client of the entity.
AB100-ASA1-AA9,24,1510 (b) For persons specified under par. (a) who are regulated, licensed or certified
11by, or registered with, the department, for person specified in par. (am) 2., and for
12other persons specified by the department by rule, the entity shall send the
13background information form to the department. For all other persons specified in
14par. (a) and for persons specified under par. (am) 1., the entity shall maintain the
15background information form on file for inspection by the department.
AB100-ASA1-AA9,24,1816 (c) A person who provides false information on a background information form
17required under this subsection may be required to forfeit not more than $1,000 and
18may be subject to other sanctions specified by the department by rule.
AB100-ASA1-AA9,24,19 19(7) The department shall do all of the following:
AB100-ASA1-AA9,25,320 (a) Establish by rule a definition of "serious crime" for the purpose of this
21section. The definition shall include only crimes or acts that are substantially related
22to the care of a client and shall include classes of crimes or acts involving abuse or
23neglect of a client for which no person who has committed any of those crimes or acts
24may be permitted to demonstrate under sub. (5) that he or she has been
25rehabilitated. The definition may also include other crimes or acts that do not

1involve abuse or neglect of a client but that are substantially related to the care of
2a client for which no person who committed any of those crimes or acts may be
3permitted to demonstrate under sub. (5) that he or she has been rehabilitated.
AB100-ASA1-AA9,25,104 (b) Establish by rule a list of crimes or acts that are not included in the
5definition established under par. (a), that are substantially related to the care of
6clients and the commission of which warrants a less stringent measure than a bar
7on employment, residence or similar type of association with an entity. The rule shall
8be consistent with federal law and regulations and shall include a description of the
9measures to be taken for the crimes or acts that the department lists under this
10paragraph.
AB100-ASA1-AA9,25,1411 (c) Conduct throughout the state periodic training sessions that cover criminal
12background investigations; reporting and investigating misappropriation of
13property or abuse or neglect of a client; and any other material that will better enable
14entities to comply with the requirements of this section.
AB100-ASA1-AA9,25,1615 (d) Provide a background information form that requires the person completing
16the form to include his or her date of birth on the form.
AB100-ASA1-AA9,25,21 17(8) The department may charge a fee for obtaining the information required
18under sub. (2) (am) or (3) (a). The fee may not exceed the reasonable cost of obtaining
19the information. No fee may be charged to a nurse's assistant, as defined in s. 146.40
20(1) (d), for obtaining or maintaining the information if to do so would be inconsistent
21with federal law.
AB100-ASA1-AA9, s. 2059f 22Section 2059f. 50.065 (2) (ag) (intro.) of the statutes, as created by 1997
23Wisconsin Act .... (this act), is amended to read:
AB100-ASA1-AA9,26,424 50.065 (2) (ag) (intro.) Notwithstanding s. 111.335, and except as provided in
25sub. (5), an entity may not hire employ or contract with a person who will be under

1the entity's control, as defined by the department by rule, and who has, or is expected
2to have, access to its clients, or permit to reside at the entity a person who is not a
3client and who has, or is expected to have, access to a client, if the entity knows or
4should have known any of the following:".
AB100-ASA1-AA9,26,5 517. Page 892, line 5: after that line insert:
AB100-ASA1-AA9,26,7 6" Section 2157gv. 55.043 (1) (a) (intro.), (4) (intro.), (e) and (f) and (5) of the
7statutes are amended to read:
AB100-ASA1-AA9,26,158 55.043 (1) (a) (intro.) If a county protective services agency has probable cause
9to believe that there is abuse, neglect or misappropriation of property or neglect or
10abuse of a vulnerable adult
, the county protective services agency may conduct an
11investigation in Milwaukee county to determine if the vulnerable adult in question
12is in need of protective services. The county protective services agency shall conduct
13the investigation in accordance with standards established by the department for
14conducting the investigations. The investigation shall include at least one of the
15following:
AB100-ASA1-AA9,26,19 16(4) Offer of services. (intro.) If upon investigation the county protective
17services agency finds abuse, neglect or misappropriation of property or neglect or
18abuse of a vulnerable adult
, the county protective services agency may do one or more
19of the following:
AB100-ASA1-AA9,26,2420 (e) Refer the case to the department of regulation and licensing or the
21appropriate examining board
if the abuse, neglect or misappropriation of property
22or neglect or abuse
involves an individual who is required to be licensed, permitted,
23certified or registered
hold a credential, as defined in s. 440.01 (2) (a), under chs. 440
24to 459.
AB100-ASA1-AA9,27,5
1(f) Bring a petition for a guardianship and protective service or protective
2placement if necessary to prevent abuse, neglect or misappropriation of property or
3neglect or abuse
and if the vulnerable adult would otherwise be at risk of serious
4harm because of an inability to arrange for necessary food, clothing, shelter and
5services.
AB100-ASA1-AA9,27,11 6(5) Applicability. This section does not apply to patients or residents of
7state-operated or county-operated inpatient institutions or hospitals issued
8certificates of approval under s. 50.35 unless the alleged abuse, neglect or
9misappropriation of property or neglect or abuse of such a patient or resident is
10alleged to have been done by a person other than an employe of the inpatient
11institution or hospital.".
AB100-ASA1-AA9,27,12 1218. Page 1307, line 2: after that line insert:
AB100-ASA1-AA9,27,13 13" Section 2860g. 120.13 (14) of the statutes is amended to read:
AB100-ASA1-AA9,28,514 120.13 (14) Day care programs. Establish and provide or contract for the
15provision of day care programs for children. The school board may receive federal
16or state funds for this purpose. The school board may charge a fee for all or part of
17the cost of the service for participation in a day care program established under this
18subsection. Costs associated with a day care program under this subsection may not
19be included in shared costs under s. 121.07 (6). Day care programs established under
20this subsection shall meet the standards for licensed day care centers established by
21the department of health and family services. If a school board proposes to contract
22for or renew a contract for the provision of a day care program under this subsection
23or if on July 1, 1996, a school board is a party to a contract for the provision of a day
24care program under this subsection, the school board shall refer the contractor or

1proposed contractor to the department of health and family services for the
2background investigations criminal history and child abuse record search required
3under s. 48.65 (1m) 48.685. Each school board shall provide the department of health
4and family services with information about each person who is denied a contract for
5a reason specified in s. 48.685 (2) (a) 1. to 5
.".
AB100-ASA1-AA9,28,6 619. Page 1350, line 8: after that line insert:
AB100-ASA1-AA9,28,7 7" Section 2986u. 146.40 (title) of the statutes is amended to read:
AB100-ASA1-AA9,28,9 8146.40 (title) Instructional programs for nurse's assistants and home
9health and hospice
aides; reporting client abuse.
AB100-ASA1-AA9, s. 2986ub 10Section 2986ub. 146.40 (1) (a) of the statutes is renumbered 146.40 (1) (am).
AB100-ASA1-AA9, s. 2986uc 11Section 2986uc. 146.40 (1) (ad) of the statutes is created to read:
AB100-ASA1-AA9,28,1212 146.40 (1) (ad) "Client" means a person who receives services from an entity.
AB100-ASA1-AA9, s. 2986ud 13Section 2986ud. 146.40 (1) (ag) of the statutes is created to read:
AB100-ASA1-AA9,28,1414 146.40 (1) (ag) "Credential" has the meaning given in s. 440.01 (2) (a).
AB100-ASA1-AA9, s. 2986ue 15Section 2986ue. 146.40 (1) (as) of the statutes is created to read:
AB100-ASA1-AA9,28,1616 146.40 (1) (as) "Entity" has the meaning given in s. 50.065 (1) (c).
AB100-ASA1-AA9, s. 2986uf 17Section 2986uf. 146.40 (4g) (a) 2. (intro.) of the statutes is amended to read:
AB100-ASA1-AA9,28,2018 146.40 (4g) (a) 2. (intro.) A listing of all individuals about whom the
19department is notified under sub. (4r) (a) or (am), for whom the department makes
20findings under sub. (4r) (b) and to whom any of the following applies:
AB100-ASA1-AA9, s. 2986ug 21Section 2986ug. 146.40 (4g) (a) 2. b. of the statutes is amended to read:
AB100-ASA1-AA9,28,2322 146.40 (4g) (a) 2. b. A hearing officer finds reasonable cause to believe that the
23individual performed an action alleged under sub. (4r) (a) or (am).
AB100-ASA1-AA9, s. 2986uh 24Section 2986uh. 146.40 (4g) (a) 3. of the statutes is amended to read:
AB100-ASA1-AA9,29,3
1146.40 (4g) (a) 3. Findings of the department under sub. (4r) (b) or of the
2hearing officer under sub. (4r) (d) concerning the neglect, abuse or misappropriation
3of property or the neglect or abuse of a client by an individual listed under subd. 2.
AB100-ASA1-AA9, s. 2986uj 4Section 2986uj. 146.40 (4r) (a) of the statutes is amended to read:
AB100-ASA1-AA9,29,95 146.40 (4r) (a) Any individual may report to the department that he or she
6believes that a nurse's assistant any person employed by or under contract with an
7entity
has neglected, or abused a client or misappropriated the client's property of
8a nursing home resident or a hospital patient or that a home health aide has
9neglected, abused or misappropriated the property of a home health agency patient
.
AB100-ASA1-AA9, s. 2986uk 10Section 2986uk. 146.40 (4r) (am) of the statutes is created to read:
AB100-ASA1-AA9,29,1411 146.40 (4r) (am) 1. Except as provided in subd. 2., an entity shall report to the
12department any allegation of misappropriation of property or of neglect or abuse of
13a client by any person employed by or under contract with the entity if the person is
14under the control of the entity.
AB100-ASA1-AA9,29,1915 2. An entity shall report to the department of regulation and licensing any
16allegation of misappropriation of property or of neglect or abuse of a client by any
17person employed by or under contract with the entity if that person holds a credential
18that is related to the person's employment at, or contract with, the entity if the person
19is under the control of the entity.
AB100-ASA1-AA9,29,2220 3. An entity that intentionally fails to report an allegation of misappropriation
21of property or of neglect or abuse of a client may be required to forfeit not more than
22$1,000 and may be subject to other sanctions specified by the department by rule.
AB100-ASA1-AA9, s. 2986uL 23Section 2986uL. 146.40 (4r) (b) of the statutes is amended to read:
AB100-ASA1-AA9,30,1524 146.40 (4r) (b) The Except as provided in pars. (em) and (er), the department
25shall review and investigate any report received under par. (a) or (am) and, if the

1allegation is substantiated, make specific, documented findings concerning the
2neglect, abuse or misappropriation of property or the neglect or abuse. The
3department shall in writing by certified mail notify the nurse's assistant or home
4health aide
person specified in the report that his or her the person's name and the
5department's findings about him or her the person shall be listed in the registry
6under sub. (4g) (a) 2. and 3. unless he or she the person contests the listings in a
7hearing before the department division of hearings and appeals created under s.
815.103 (1)
. The written notification shall describe the investigation conducted by the
9department, enumerate the findings alleging neglect, abuse or misappropriation of
10property or neglect or abuse of a nursing home resident or home health agency
11patient
client and explain the consequence to the nurse's assistant or home health
12aide
person specified in the report of waiving a hearing to contest the findings. The
13nurse's assistant or home health aide named person specified in the report shall have
1430 days after receipt of the notification to indicate to the department in writing
15whether he or she intends to contest the listing or to waive the hearing.
AB100-ASA1-AA9, s. 2986um 16Section 2986um. 146.40 (4r) (d) of the statutes is amended to read:
AB100-ASA1-AA9,31,717 146.40 (4r) (d) If the nurse's assistant or home health aide person specified in
18the report received
under par. (b) (a) or (am) timely notifies the department division
19of hearings and appeals created under s. 15.103 (1)
that he or she contests the listings
20in the registry under par. (b), the department division of hearings and appeals shall
21hold a hearing under the requirements of ch. 227. If after presentation of evidence
22a hearing officer finds that there is no reasonable cause to believe that the nurse's
23assistant
or home health aide person specified in the report received under par. (a)
24or (am)
performed an action alleged under par. (a) or (am), the hearing officer shall
25dismiss the proceeding. If after presentation of evidence a hearing officer finds that

1there is reasonable cause to believe that the nurse's assistant or home health aide
2person specified in the report received under par. (a) or (am) performed an action
3alleged under par. (a) or (am), the hearing officer shall so find and shall cause the
4name of the nurse's assistant or home health aide person specified in the report
5received under par. (a) or (am)
to be entered under sub. (4g) (a) 2. and the hearing
6officer's findings about the nurse's assistant or home health aide person specified in
7the report received under par. (a) or (am)
to be entered under sub. (4g) (a) 3.
AB100-ASA1-AA9, s. 2986un 8Section 2986un. 146.40 (4r) (em) and (er) of the statutes are created to read:
AB100-ASA1-AA9,31,139 146.40 (4r) (em) If the department of health and family services receives a
10report under par. (a) or (am) and determines that a person who is the subject of the
11report holds a credential that is related to the person's employment at, or contract
12with, the entity, the department of health and family services shall refer the report
13to the department of regulation and licensing.
AB100-ASA1-AA9,31,1514 (er) The department may contract with private field investigators to conduct
15investigations of reports received by the department under par. (a) or (am).".
AB100-ASA1-AA9,31,16 1620. Page 1374, line 10: after that line insert:
AB100-ASA1-AA9,31,17 17" Section 3100m. 165.825 of the statutes is created to read:
AB100-ASA1-AA9,31,21 18165.825 Information link; department of health and family services.
19The department of justice shall cooperate with the departments of regulation and
20licensing and health and family services in developing and maintaining a computer
21linkup to provide access to the information obtained from a criminal history search.".
AB100-ASA1-AA9,31,22 2221. Page 1675, line 2: after that line insert:
AB100-ASA1-AA9,31,23 23" Section 4196u. 440.03 (3q) of the statutes is created to read:
AB100-ASA1-AA9,32,3
1440.03 (3q) Notwithstanding sub. (3m), the department of regulation and
2licensing shall investigate any report that it receives under s. 146.40 (4r) (am) 2. or
3(em).".
AB100-ASA1-AA9,32,4 422. Page 1675, line 21: after that line insert:
AB100-ASA1-AA9,32,5 5" Section 4198n. 440.03 (12m) of the statutes is created to read:
AB100-ASA1-AA9,32,106 440.03 (12m) The department of regulation and licensing shall cooperate with
7the departments of justice and health and family services in developing and
8maintaining a computer linkup to provide access to information regarding the
9current status of a credential issued to any person by the department of regulation
10and licensing, including whether that credential has been restricted in any way.".
AB100-ASA1-AA9,32,11 1123. Page 1882, line 9: after that line insert:
AB100-ASA1-AA9,32,12 12" Section 5174g. 813.123 (5) (a) 3. a. of the statutes is amended to read:
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