AB133-ASA1-CA1,260,2520
50.065
(1) (c) (intro.) "Entity" means a facility, organization or service that is
21licensed or certified by or registered with the department to provide direct care or
22treatment services to clients. "Entity" includes a hospital, a personal care worker
23agency
and, a supportive home care service agency
, a temporary employment agency
24that provides caregivers to another entity and the board on aging and long-term
25care. "Entity" does not include any of the following:
AB133-ASA1-CA1,261,42
50.065
(1) (cn) "Nonclient resident" means a person who resides, or is expected
3to reside, at an entity, who is not a client of the entity and who has, or is expected to
4have, regular, direct contact with clients of the entity.
AB133-ASA1-CA1,261,86
50.065
(1) (dm) "Reservation" means land in this state within the boundaries
7of a reservation of a tribe or within the bureau of Indian affairs service area for the
8Ho-Chunk Nation.
AB133-ASA1-CA1,261,1610
50.065
(1) (e) 1. "Serious crime" means a violation of s. 940.01, 940.02, 940.03,
11940.05, 940.12, 940.19 (2), (3), (4), (5) or (6), 940.22 (2) or (3), 940.225 (1), (2) or (3),
12940.285 (2), 940.29, 940.295, 948.02 (1), 948.025 or 948.03 (2) (a), or a violation of the
13law of any other state or United States jurisdiction that would be a violation of s.
14940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (3), (4), (5) or (6), 940.22 (2) or (3),
15940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295, 948.02 (1), 948.025 or 948.03 (2)
16(a) if committed in this state.
AB133-ASA1-CA1,261,2317
2. For the purposes of an entity that serves persons under the age of 18, "serious
18crime" includes a violation of s. 948.02 (2), 948.03 (2) (b) or (c), 948.05, 948.055,
19948.06, 948.07, 948.08, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1) or 948.30 or
20a violation of the law of any other state or United States jurisdiction that would be
21a violation of s. 948.02 (2), 948.03 (2) (b) or (c), 948.05, 948.055, 948.06, 948.07,
22948.08, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1) or 948.30 if committed in this
23state.
AB133-ASA1-CA1,262,2
150.065
(1) (g) "Tribe" means a federally recognized American Indian tribe or
2band in this state.
AB133-ASA1-CA1, s. 1521g
3Section 1521g. 50.065 (2) (a) (intro.) of the statutes is renumbered 50.065 (4m)
4(a) (intro.).
AB133-ASA1-CA1, s. 1521m
14Section 1521m. 50.065 (2) (ag) (intro.) of the statutes is renumbered 50.065
15(4m) (b) (intro.) and amended to read:
AB133-ASA1-CA1,262,2116
50.065
(4m) (b) (intro.) Notwithstanding s. 111.335, and except as provided in
17sub. (5), an entity may not hire or contract with a
person who will be under the
18entity's control, as defined by the department by rule, and who is expected to have
19access to its clients, caregiver or permit to reside at the entity a
person who is not a
20client and who is expected to have access to a client nonclient resident, if the entity
21knows or should have known any of the following:
AB133-ASA1-CA1,263,118
50.065
(2) (am) (intro.)
Subject to subd. 5. and par. (bd), the The department
9shall obtain all of the following with respect to a person specified under
par. (a)
10(intro.) sub. (1) (ag) 1. b. and a person
specified under par. (ag) (intro.) who is a
11nonclient resident or prospective nonclient resident of an entity:
AB133-ASA1-CA1,263,2313
50.065
(2) (am) 5. Information maintained by the department under this
14section regarding any denial to the person of a license, certification, certificate of
15approval or registration or of a continuation of a license, certification, certificate of
16approval or registration to operate an entity for a reason specified in
par. sub. (4m) 17(a) 1. to 5. and regarding any denial to the person of employment at, a contract with
18or permission to reside at an entity for a reason specified in
par. (ag) sub. (4m) (b) 1.
19to 5. If the information obtained under this subdivision indicates that the person has
20been denied a license, certification, certificate of approval or registration,
21continuation of a license, certification, certificate of approval or registration, a
22contract, employment or permission to reside as described in this subdivision, the
23department need not obtain the information specified in subds. 1. to 4.
AB133-ASA1-CA1, s. 1521v
24Section 1521v. 50.065 (2) (b) 1. of the statutes is renumbered 50.065 (2) (b),
25and 50.065 (2) (b) (intro.) and 5., as renumbered, are amended to read:
AB133-ASA1-CA1,264,4
150.065
(2) (b) (intro.)
Subject to subds. 1. e. and 2. and par. (bd), every Every 2entity shall obtain all of the following with respect to a
person specified under par.
3(ag) (intro.) who is an employe or contractor or a prospective employe or contractor 4caregiver of the entity:
AB133-ASA1-CA1,264,155
5. Information maintained by the department under this section regarding any
6denial to the person of a license, certification, certificate of approval or registration
7or of a continuation of a license, certification, certificate of approval or registration
8to operate an entity for a reason specified in
par.
sub. (4m) (a) 1. to 5. and regarding
9any denial to the person of employment at, a contract with or permission to reside
10at an entity for a reason specified in
par. (ag)
sub. (4m) (b) 1. to 5. If the information
11obtained under this
subd. 1. e. subdivision indicates that the person has been denied
12a license, certification, certificate of approval or registration, continuation of a
13license, certification, certificate of approval or registration, a contract, employment
14or permission to reside as described in this
subd. 1. e. subdivision, the entity need
15not obtain the information specified in
subd. subds. 1.
a. to d. to 4.
AB133-ASA1-CA1,265,718
50.065
(2) (bb) If information obtained under par. (am) or (b) indicates a charge
19of a serious crime, but does not completely and clearly indicate the final disposition
20of the charge, the department or entity shall make every reasonable effort to contact
21the clerk of courts to determine the final disposition of the charge. If a background
22information form under sub. (6) (a) or (am) indicates a charge or a conviction of a
23serious crime, but information obtained under par. (am) or (b) does not indicate such
24a charge or conviction, the department or entity shall make every reasonable effort
25to contact the clerk of courts to obtain a copy of the criminal complaint and the final
1disposition of the complaint. If information obtained under par. (am) or (b), a
2background information form under sub. (6) (a) or (am) or any other information
3indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08,
4947.01 or 947.013 obtained not more than 5 years before the date on which that
5information was obtained, the department or entity shall make every reasonable
6effort to contact the clerk of courts to obtain a copy of the criminal complaint and
7judgment of conviction relating to that violation.
AB133-ASA1-CA1,265,209
50.065
(2) (bd) Notwithstanding pars. (am) and (b) 1., the department is not
10required to obtain the information specified in par. (am) 1. to 5., and an entity is not
11required to obtain the information specified in par. (b) 1.
a. to e. to 5., with respect
12to a person under 18 years of age whose background information form under sub. (6)
13(am) indicates that the person is not ineligible to be employed, contracted with or
14permitted to reside at an entity for a reason specified in
par. (ag) sub. (4m) (b) 1. to
155. and with respect to whom the department or entity otherwise has no reason to
16believe that the person is ineligible to be employed, contracted with or permitted to
17reside at an entity for any of those reasons. This paragraph does not preclude the
18department from obtaining, at its discretion, the information specified in par. (am)
191. to 5. with respect to a person described in this paragraph who is a nonclient
20resident or a prospective nonclient resident of an entity.
AB133-ASA1-CA1,266,922
50.065
(2) (bg) If an entity
takes an action specified in par. (ag) (intro.) with
23respect to an employe, prospective employe, contractor or prospective contractor 24hires or contracts with a caregiver for whom, within the last 4 years, the information
25required under par. (b) 1.
a. to
c.
3. and
e. 5. has already been obtained
, either by
1another entity
or by a temporary employment agency, the entity may obtain
the that
2information
required under par. (b) 1. a. to c. and e. from that other entity
or
3temporary employment agency, which shall provide the information, if possible, to
4the
requesting entity. If an entity cannot obtain the information required under par.
5(b) 1.
a. to
c. 3. and
e. 5. from another entity
or from a temporary employment agency 6or if an entity has reasonable grounds to believe that any information obtained from
7another entity
or from a temporary employment agency is no longer accurate, the
8entity shall obtain that information from the sources specified in par. (b) 1.
a. to
3. 9and
e. 5.
AB133-ASA1-CA1,266,2411
50.065
(2) (bm) If the person who is the subject of the search under par. (am)
12or (b)
1. is not a resident of this state, or if at any time within the 3 years preceding
13the date of the search that person has not been a resident of this state,
or if the
14department or entity determines that the person's employment, licensing or state
15court records provide a reasonable basis for further investigation, the department or
16entity shall make a good faith effort to obtain from any state
or other United States
17jurisdiction in which the person is a resident or was a resident within the 3 years
18preceding the date of the search information that is equivalent to the information
19specified in par. (am) 1. or (b) 1.
a. The department or entity may require the person
20to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's
21fingerprints. The department of justice may provide for the submission of the
22fingerprint cards to the federal bureau of investigation for the purposes of verifying
23the identity of the person fingerprinted and obtaining records of his or her criminal
24arrests and convictions.
AB133-ASA1-CA1, s. 1521zc
1Section 1521zc. 50.065 (2) (c) of the statutes is renumbered 50.065 (4m) (c)
2and amended to read:
AB133-ASA1-CA1,267,153
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-CA1,267,2017
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-CA1,268,222
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-CA1,268,74
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-CA1,268,149
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-CA1,268,1816
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-CA1, 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-CA1,268,2421
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-CA1, s. 1521zj
1Section 1521zj. 50.065 (5) (intro.) of the statutes is renumbered 50.065 (5) and
2amended to read:
AB133-ASA1-CA1,269,143
50.065
(5) The department may license, certify, issue a certificate of approval
4to or register to operate an entity a person who otherwise may not be licensed,
5certified, issued a certificate of approval or registered for a reason specified in sub.
6(2) (4m) (a) 1. to 5. , and an entity may employ, contract with or permit to reside at
7the entity a person who otherwise may not be employed, contracted with or permitted
8to reside at the entity for a reason specified in sub.
(2) (ag) (4m) (b) 1. to 5., if the
9person demonstrates to the department
, or, in the case of an entity that is located
10within the boundaries of a reservation, to the person or body designated by the tribe
11under sub. (5d) (a) 3., by clear and convincing evidence and in accordance with
12procedures established by the department by rule
, or by the tribe, that he or she has
13been rehabilitated.
No person who has been convicted of any of the following offenses
14may be permitted to demonstrate that he or she has been rehabilitated:
AB133-ASA1-CA1,269,1917
50.065
(5d) (a) Any tribe that chooses to conduct rehabilitation reviews under
18sub. (5) shall submit to the department a rehabilitation review plan that includes all
19of the following:
AB133-ASA1-CA1,269,2020
1. The criteria to be used to determine if a person has been rehabilitated.
AB133-ASA1-CA1,269,2221
2. The title of the person or body designated by the tribe to whom a request for
22review must be made.
AB133-ASA1-CA1,269,2423
3. The title of the person or body designated by the tribe to determine whether
24a person has been rehabilitated.
AB133-ASA1-CA1,270,3
13m. The title of the person or body designated by the tribe to whom a person
2may appeal an adverse decision made by the person specified under subd. 3. and
3whether the tribe provides any further rights of appeal.
AB133-ASA1-CA1,270,64
4. The manner in which the tribe will submit information relating to a
5rehabilitation review to the department so that the department may include that
6information in its report to the legislature required under sub. (5g).
AB133-ASA1-CA1,270,97
5. A copy of the form to be used to request a review and a copy of the form on
8which a written decision is to be made regarding whether a person has demonstrated
9rehabilitation.
AB133-ASA1-CA1,270,1910
(b) If, within 90 days after receiving the plan, the department does not
11disapprove the plan, the plan shall be considered approved. If, within 90 days after
12receiving the plan, the department disapproves the plan, the department shall
13provide notice of that disapproval to the tribe in writing, together with the reasons
14for the disapproval. The department may not disapprove a plan unless the
15department finds that the plan is not rationally related to the protection of clients.
16If the department disapproves the plan, the tribe may, within 30 days after receiving
17notice of the disapproval, request that the secretary review the department's
18decision. A final decision under this paragraph is not subject to further review under
19ch. 227.
AB133-ASA1-CA1,271,421
50.065
(5m) Notwithstanding s. 111.335, the department may refuse to license,
22certify or register, or issue a certificate of approval to, a
person to operate an entity, 23caregiver and an entity may refuse to employ
, or contract with
a caregiver or
to 24permit
a nonclient resident to reside at the entity
a person specified in sub. (2) (ag)
25(intro.), if the
person caregiver or nonclient resident has been convicted of an offense
1that
the department has not defined as a "serious crime" by rule promulgated under
2sub. (7) (a), or specified in the list established by rule under sub. (7) (b) is not a serious
3crime, but that is, in the estimation of the department or entity, substantially related
4to the care of a client.
AB133-ASA1-CA1, s. 1521zn
5Section 1521zn. 50.065 (6) (am) (intro.) of the statutes is renumbered 50.065
6(6) (am) and amended to read:
AB133-ASA1-CA1,271,97
50.065
(6) (am) Every 4 years an entity shall require
all of the following persons 8its caregivers and nonclient residents to complete a background information form
9that is provided to the entity by the department
:.
AB133-ASA1-CA1,271,1712
50.065
(6) (b) For
persons specified under par. (a) caregivers who are licensed,
13issued a certificate of approval or certified by, or registered with, the department, for
14person specified in par. (am) 2. nonclient residents, and for other persons specified
15by the department by rule, the entity shall send the background information form
16to the department.
For persons specified under par. (am) 1., the entity shall maintain
17the background information form on file for inspection by the department.
AB133-ASA1-CA1,272,222
50.135
(1) Definition. In this section, "inpatient health care facility" means
23any hospital, nursing home, county home, county mental hospital
, tuberculosis
24sanatorium or other place licensed or approved by the department under ss. 49.70,
149.71, 49.72, 50.02, 50.03, 50.35, 51.08
,
and 51.09
, 58.06, 252.073 and 252.076, but
2does not include community-based residential facilities.".
AB133-ASA1-CA1,272,85
50.39
(2) The use of the title "hospital" to represent or identify any facility
6which does not meet the definition of a "hospital" as provided herein or is not subject
7to approval under ss. 50.32 to 50.39 is prohibited, except that institutions governed
8by
ss.
s. 51.09
and 252.073 are exempt.
AB133-ASA1-CA1,272,1810
50.39
(3) Facilities governed by ss. 45.365, 48.62, 49.70, 49.72, 50.02, 51.09
,
1158.06, 252.073, 252.076 and 252.10, secured correctional facilities as defined in s.
12938.02 (15m), correctional institutions governed by the department of corrections
13under s. 301.02 and the offices and clinics of persons licensed to treat the sick under
14chs. 446, 447 and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do
15not abridge the rights of the medical examining board, physical therapists affiliated
16credentialing board, podiatrists affiliated credentialing board, dentistry examining
17board, pharmacy examining board, chiropractic examining board and board of
18nursing in carrying out their statutory duties and responsibilities.".
AB133-ASA1-CA1,272,2221
51.01
(14k) "Secured child caring institution" has the meaning given in s.
22938.02 (15g).
AB133-ASA1-CA1,273,2
151.01
(14m) "Secured correctional facility" has the meaning given in s. 938.02
2(15m).