AB133-ASA1-AA2, s. 1521g
20Section 1521g. 50.065 (2) (a) (intro.) of the statutes is renumbered 50.065 (4m)
21(a) (intro.).
AB133-ASA1-AA2, s. 1521m
7Section 1521m. 50.065 (2) (ag) (intro.) of the statutes is renumbered 50.065
8(4m) (b) (intro.) and amended to read:
AB133-ASA1-AA2,185,149
50.065
(4m) (b) (intro.) Notwithstanding s. 111.335, and except as provided in
10sub. (5), an entity may not hire or contract with a
person who will be under the
11entity's control, as defined by the department by rule, and who is expected to have
12access to its clients, caregiver or permit to reside at the entity a
person who is not a
13client and who is expected to have access to a client nonclient resident, if the entity
14knows or should have known any of the following:
AB133-ASA1-AA2,186,4
150.065
(2) (am) (intro.)
Subject to subd. 5. and par. (bd), the The department
2shall obtain all of the following with respect to a person specified under
par. (a)
3(intro.) sub. (1) (ag) 1. b. and a person
specified under par. (ag) (intro.) who is a
4nonclient resident or prospective nonclient resident of an entity:
AB133-ASA1-AA2,186,166
50.065
(2) (am) 5. Information maintained by the department under this
7section regarding any denial to the person of a license, certification, certificate of
8approval or registration or of a continuation of a license, certification, certificate of
9approval or registration to operate an entity for a reason specified in
par. sub. (4m) 10(a) 1. to 5. and regarding any denial to the person of employment at, a contract with
11or permission to reside at an entity for a reason specified in
par. (ag) sub. (4m) (b) 1.
12to 5. If the information obtained under this subdivision indicates that the person has
13been denied a license, certification, certificate of approval or registration,
14continuation of a license, certification, certificate of approval or registration, a
15contract, employment or permission to reside as described in this subdivision, the
16department need not obtain the information specified in subds. 1. to 4.
AB133-ASA1-AA2, s. 1521v
17Section 1521v. 50.065 (2) (b) 1. of the statutes is renumbered 50.065 (2) (b),
18and 50.065 (2) (b) (intro.) and 5., as renumbered, are amended to read:
AB133-ASA1-AA2,186,2219
50.065
(2) (b) (intro.)
Subject to subds. 1. e. and 2. and par. (bd), every Every 20entity shall obtain all of the following with respect to a
person specified under par.
21(ag) (intro.) who is an employe or contractor or a prospective employe or contractor 22caregiver of the entity:
AB133-ASA1-AA2,187,823
5. Information maintained by the department under this section regarding any
24denial to the person of a license, certification, certificate of approval or registration
25or of a continuation of a license, certification, certificate of approval or registration
1to operate an entity for a reason specified in
par. sub. (4m) (a) 1. to 5. and regarding
2any denial to the person of employment at, a contract with or permission to reside
3at an entity for a reason specified in
par. (ag)
sub. (4m) (b) 1. to 5. If the information
4obtained under this
subd. 1. e. subdivision indicates that the person has been denied
5a license, certification, certificate of approval or registration, continuation of a
6license, certification, certificate of approval or registration, a contract, employment
7or permission to reside as described in this
subd. 1. e. subdivision, the entity need
8not obtain the information specified in
subd. subds. 1.
a. to d. to 4.
AB133-ASA1-AA2,187,1411
50.065
(2) (bb) If information obtained under par. (am) or (b) indicates a charge
12of a crime or violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 or
13947.013 without a recorded disposition, the department or entity shall make every
14reasonable effort to determine the disposition of the charge.
AB133-ASA1-AA2,188,216
50.065
(2) (bd) Notwithstanding pars. (am) and (b) 1., the department is not
17required to obtain the information specified in par. (am) 1. to 5., and an entity is not
18required to obtain the information specified in par. (b) 1.
a. to e. to 5., with respect
19to a person under 18 years of age whose background information form under sub. (6)
20(am) indicates that the person is not ineligible to be employed, contracted with or
21permitted to reside at an entity for a reason specified in
par. (ag) sub. (4m) (b) 1. to
225. and with respect to whom the department or entity otherwise has no reason to
23believe that the person is ineligible to be employed, contracted with or permitted to
24reside at an entity for any of those reasons. This paragraph does not preclude the
25department from obtaining, at its discretion, the information specified in par. (am)
11. to 5. with respect to a person described in this paragraph who is a nonclient
2resident or a prospective nonclient resident of an entity.
AB133-ASA1-AA2,188,164
50.065
(2) (bg) If an entity
takes an action specified in par. (ag) (intro.) with
5respect to an employe, prospective employe, contractor or prospective contractor 6hires or contracts with a caregiver for whom, within the last 4 years, the information
7required under par. (b) 1.
a. to
c.
3. and
e. 5. has already been obtained
, either by
8another entity
or by a temporary employment agency, the entity may obtain
the that
9information
required under par. (b) 1. a. to c. and e. from that other entity
or
10temporary employment agency, which shall provide the information, if possible, to
11the
requesting entity. If an entity cannot obtain the information required under par.
12(b) 1.
a. to
c. 3. and
e. 5. from another entity
or from a temporary employment agency 13or if an entity has reasonable grounds to believe that any information obtained from
14another entity
or from a temporary employment agency is no longer accurate, the
15entity shall obtain that information from the sources specified in par. (b) 1.
a. to
3. 16and
e. 5.
AB133-ASA1-AA2,188,2418
50.065
(2) (bm) If the person who is the subject of the search under par. (am)
19or (b)
1. is not a resident of this state, or if at any time within the 3 years preceding
20the date of the search that person has not been a resident of this state, the
21department or entity shall make a good faith effort to obtain from any state
or other
22United States jurisdiction in which the person is a resident or was a resident within
23the 3 years preceding the date of the search information that is equivalent to the
24information specified in par. (am) 1. or (b) 1.
a.
AB133-ASA1-AA2, s. 1521zc
1Section 1521zc. 50.065 (2) (c) of the statutes is renumbered 50.065 (4m) (c)
2and amended to read:
AB133-ASA1-AA2,189,153
50.065
(4m) (c) If the background information form completed by a person
4under sub. (6) (am) indicates that the person is not ineligible to be employed or
5contracted with for a reason specified in par.
(ag)
(b) 1. to 5., an entity may employ
6or contract with the person for not more than 60 days pending the receipt of the
7information sought under
par. sub. (2) (b)
1. If the background information form
8completed by a person under sub. (6) (am) indicates that the person is not ineligible
9to be permitted to reside at an entity for a reason specified in par.
(ag) (b) 1. to 5. and
10if an entity otherwise has no reason to believe that the person is ineligible to be
11permitted to reside at an entity for any of those reasons, the entity may permit the
12person to reside at the entity for not more than 60 days pending receipt of the
13information sought under
par. sub. (2) (am). An entity shall provide supervision for
14a person who is employed or contracted with or permitted to reside as permitted
15under this paragraph.
AB133-ASA1-AA2,189,2017
50.065
(2) (d) Every entity shall maintain, or shall contract with another
18person to maintain, the most recent background information obtained on a caregiver
19under par. (b). The information shall be made available for inspection by authorized
20persons, as defined by the department by rule.
AB133-ASA1-AA2,190,222
50.065
(3) (a) Every 4 years or at any time within that period that the
23department considers appropriate, the department shall request the information
24specified in sub. (2) (am) 1. to
4. 5. for all persons who are licensed to operate an entity
1and for all persons
specified in par. (ag) (intro.) who are nonclient residents of an
2entity.
AB133-ASA1-AA2,190,74
50.065
(3) (b) Every 4 years or at any other time within that period that an
5entity considers appropriate, the entity shall request the information specified in
6sub. (2) (b) 1.
a. to
d. 5. for all
persons specified in sub. (2) (ag) (intro.) who are
7employes or contractors caregivers of the entity.
AB133-ASA1-AA2,190,149
50.065
(3m) Notwithstanding subs. (2) (b)
1. and (3) (b), if the department
10obtains the information required under sub. (2) (am) or (3) (a) with respect to a person
11specified in sub. (2) (a) (intro.) who is a caregiver specified under sub. (1) (ag) 1. b. 12and that person is also an employe, contractor or nonclient resident of the entity, the
13entity is not required to obtain the information specified in sub. (2) (b)
1. or (3) (b)
14with respect to that person.
AB133-ASA1-AA2,190,1816
50.065
(4) An entity that violates sub. (2)
or, (3)
or (4m) (b) may be required to
17forfeit not more than $1,000 and may be subject to other sanctions specified by the
18department by rule.
AB133-ASA1-AA2, s. 1521zi
19Section 1521zi. 50.065 (4m) (b) (intro.) of the statutes, as affected by 1999
20Wisconsin Act .... (this act), is amended to read:
AB133-ASA1-AA2,190,2421
50.065
(4m) (b) (intro.) Notwithstanding s. 111.335, and except as provided in
22sub. (5), an entity may not
hire employ or contract with a caregiver or permit to reside
23at the entity a nonclient resident, if the entity knows or should have known any of
24the following:
AB133-ASA1-AA2,191,16
150.065
(5) (intro.) The department may license, certify, issue a certificate of
2approval to or register to operate an entity a person who otherwise may not be
3licensed, certified, issued a certificate of approval or registered for a reason specified
4in sub.
(2) (4m) (a) 1. to 5. , and an entity may employ, contract with or permit to reside
5at the entity a person who otherwise may not be employed, contracted with or
6permitted to reside at the entity for a reason specified in sub.
(2) (ag) (4m) (b) 1. to
75., if the person demonstrates to the department
, or, in the case of an entity that is
8located within the boundaries of a federally recognized American Indian reservation,
9to the tribal governing body of that reservation, by clear and convincing evidence and
10in accordance with procedures established by the department by rule
, or by the tribal
11governing body, 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
until the later of at least 5 years after the date of the
14conviction or adjudication for that offense or at least 5 years after the date of the
15person's release from imprisonment, a secured juvenile facility or a commitment
16order for that offense:
AB133-ASA1-AA2,191,2119
50.065
(5d) (a) Any tribal governing body that chooses to conduct
20rehabilitation reviews under sub. (5) shall submit to the department a rehabilitation
21review plan that includes all of the following:
AB133-ASA1-AA2,191,2222
1. The criteria to be used to determine if a person has been rehabilitated.
AB133-ASA1-AA2,191,2423
2. The title of the person or body designated by the tribe to whom a request for
24review must be made.
AB133-ASA1-AA2,192,2
13. The title of the person or body designated by the tribe to determine whether
2a person has been rehabilitated.
AB133-ASA1-AA2,192,53
4. The manner in which the tribe will submit information relating to a
4rehabilitation review to the department so that the department may include that
5information in its report to the legislature required under sub. (5g).
AB133-ASA1-AA2,192,86
5. A copy of the form to be used to request a review and a copy of the form on
7which a written decision is to be made regarding whether a person has demonstrated
8rehabilitation.
AB133-ASA1-AA2,192,129
(b) The department shall approve or disapprove the plan under par. (a) within
1090 days after receiving the plan. If the department disapproves the plan, the tribe
11may, within 30 days after receiving notice of the disapproval, request that the
12secretary review the department's decision.
AB133-ASA1-AA2,192,2214
50.065
(5m) Notwithstanding s. 111.335, the department may refuse to license,
15certify or register, or issue a certificate of approval to, a
person to operate an entity, 16caregiver and an entity may refuse to employ
, or contract with
a caregiver or
to 17permit
a nonclient resident to reside at the entity
a person specified in sub. (2) (ag)
18(intro.), if the
person caregiver or nonclient resident has been convicted of an offense
19that
the department has not defined as a "serious crime" by rule promulgated under
20sub. (7) (a), or specified in the list established by rule under sub. (7) (b) is not a serious
21crime, but that is, in the estimation of the department or entity, substantially related
22to the care of a client.
AB133-ASA1-AA2, s. 1521zn
23Section 1521zn. 50.065 (6) (am) (intro.) of the statutes is renumbered 50.065
24(6) (am) and amended to read:
AB133-ASA1-AA2,193,3
150.065
(6) (am) Every 4 years an entity shall require
all of the following persons 2its caregivers and nonclient residents to complete a background information form
3that is provided to the entity by the department
:.
AB133-ASA1-AA2,193,116
50.065
(6) (b) For
persons specified under par. (a) caregivers who are licensed,
7issued a certificate of approval or certified by, or registered with, the department, for
8person specified in par. (am) 2. nonclient residents, and for other persons specified
9by the department by rule, the entity shall send the background information form
10to the department.
For persons specified under par. (am) 1., the entity shall maintain
11the background information form on file for inspection by the department.
AB133-ASA1-AA2,193,1615
50.065
(1) (c) 2. Kinship care
under s. 48.57 (3m) or long-term kinship care
16under s. 48.57
(3m), (3n)
or (3o).".
AB133-ASA1-AA2,193,2420
50.135
(1) Definition. In this section, "inpatient health care facility" means
21any hospital, nursing home, county home, county mental hospital
, tuberculosis
22sanatorium or other place licensed or approved by the department under ss. 49.70,
2349.71, 49.72, 50.02, 50.03, 50.35, 51.08
, and 51.09
, 58.06, 252.073 and 252.076, but
24does not include community-based residential facilities.".
AB133-ASA1-AA2,194,63
50.39
(2) The use of the title "hospital" to represent or identify any facility
4which does not meet the definition of a "hospital" as provided herein or is not subject
5to approval under ss. 50.32 to 50.39 is prohibited, except that institutions governed
6by
ss.
s. 51.09
and 252.073 are exempt.
AB133-ASA1-AA2,194,168
50.39
(3) Facilities governed by ss. 45.365, 48.62, 49.70, 49.72, 50.02, 51.09
,
958.06, 252.073, 252.076 and 252.10, secured correctional facilities as defined in s.
10938.02 (15m), correctional institutions governed by the department of corrections
11under s. 301.02 and the offices and clinics of persons licensed to treat the sick under
12chs. 446, 447 and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do
13not abridge the rights of the medical examining board, physical therapists affiliated
14credentialing board, podiatrists affiliated credentialing board, dentistry examining
15board, pharmacy examining board, chiropractic examining board and board of
16nursing in carrying out their statutory duties and responsibilities.".
AB133-ASA1-AA2,194,2019
51.01
(14k) "Secured child caring institution" has the meaning given in s.
20938.02 (15g).
AB133-ASA1-AA2,194,2322
51.01
(14m) "Secured correctional facility" has the meaning given in s. 938.02
23(15m).
AB133-ASA1-AA2,195,1
151.01
(14p) "Secured group home" has the meaning given in s. 938.02 (15p).".
AB133-ASA1-AA2,195,134
51.05
(2) The department may not accept for admission to a mental health
5institute any resident person, except in an emergency, unless the county department
6under s. 51.42 in the county where the person has legal residency authorizes the care,
7as provided in s. 51.42 (3) (as). Patients who are committed to the department under
8s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17, 975.06 or 980.06,
9admitted by the department under s. 975.17, 1977 stats., or are transferred from a
10juvenile secured correctional facility
or, a secured child caring institution
, as defined
11in s. 938.02 (15g), or a secured group home to a state treatment facility under s. 51.35
12(3) or from a jail or prison to a state treatment facility under s. 51.37 (5) are not
13subject to this section.".
AB133-ASA1-AA2,195,1716
51.35
(3) (title)
Transfer of certain juveniles from juvenile correctional
17secured juvenile facilities and secured child caring institutions.
AB133-ASA1-AA2,196,1719
51.35
(3) (a) A licensed psychologist of a
juvenile secured correctional facility
20or a secured child caring institution
, as defined in s. 938.02 (15g), or a licensed
21physician of the department of corrections, who has reason to believe that any
22individual confined in the
facility or institution
secured correctional facility, secured
23child caring institution or secured group home is, in his or her opinion, in need of
24services for developmental disability, alcoholism or drug dependency or in need of
1psychiatric services, and who has obtained voluntary consent to make a transfer for
2treatment, shall make a report, in writing, to the superintendent of the
facility or
3institution secured correctional facility, secured child caring institution or secured
4group home, stating the nature and basis of the belief and verifying the consent. In
5the case of a minor age 14 and over, the minor and the minor's parent or guardian
6shall consent unless the minor is admitted under s. 51.13 (1) (c); and in the case of
7a minor under the age of 14, only the minor's parent or guardian need consent. The
8superintendent shall inform, orally and in writing, the minor and the minor's parent
9or guardian, that transfer is being considered and shall inform them of the basis for
10the request and their rights as provided in s. 51.13 (3). If the department of
11corrections, upon review of a request for transfer, determines that transfer is
12appropriate, that department shall immediately notify the department of health and
13family services and, if the department of health and family services consents, the
14department of corrections may immediately transfer the individual. The
15department of
corrections health and family services shall file a petition under s.
1651.13 (4) (a) in the court assigned to exercise jurisdiction under chs. 48 and 938 of the
17county where the treatment facility is located.