2. Emotional abuse.
3. Sexual abuse.
4. Treatment without consent.
5. Unreasonable confinement or restraint.
388,11
Section
11. 46.90 (1) (aj) of the statutes is created to read:
46.90 (1) (aj) "Bodily harm" means physical pain or injury, illness, or any impairment of physical condition.
388,12
Section
12. 46.90 (1) (an) of the statutes is created to read:
46.90 (1) (an) "Caregiver" means a person who has assumed responsibility for all or a portion of an individual's care voluntarily, by contract, or by agreement, including a person acting or claiming to act as a legal guardian.
388,13
Section
13. 46.90 (1) (b) of the statutes is repealed.
388,14
Section
14. 46.90 (1) (br) of the statutes is created to read:
46.90 (1) (br) "Elder adult at risk" means any person age 60 or older who has experienced, is currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial exploitation.
388,15
Section
15. 46.90 (1) (bt) of the statutes is created to read:
46.90 (1) (bt) "Elder-adult-at-risk agency" means the agency designated by the county board of supervisors under sub. (2) to receive, respond to, and investigate reports of abuse, neglect, self-neglect, and financial exploitation under sub. (4).
388,16
Section
16. 46.90 (1) (c) of the statutes is repealed.
388,17
Section
17. 46.90 (1) (cm) of the statutes is created to read:
46.90 (1) (cm) "Emotional abuse" means language or behavior that serves no legitimate purpose and is intended to be intimidating, humiliating, threatening, frightening, or otherwise harassing, and that does or reasonably could intimidate, humiliate, threaten, frighten, or otherwise harass the individual to whom the conduct or language is directed.
388,18
Section
18. 46.90 (1) (d) of the statutes is repealed.
388,19
Section
19. 46.90 (1) (e) of the statutes is repealed.
388,20
Section
20. 46.90 (1) (ed) of the statutes is created to read:
46.90 (1) (ed) "Financial exploitation" means any of the following:
1. Obtaining an individual's money or property by deceiving or enticing the individual, or by forcing, compelling, or coercing the individual to give, sell at less than fair market value, or in other ways convey money or property against his or her will without his or her informed consent.
2. Theft, as prohibited in s. 943.20.
3. The substantial failure or neglect of a fiscal agent to fulfill his or her responsibilities.
4. Unauthorized use of an individual's personal identifying information or documents, as prohibited in s. 943.201.
5. Unauthorized use of an entity's identifying information or documents, as prohibited in s. 943.203.
6. Forgery, as prohibited in s. 943.38.
7. Financial transaction card crimes, as prohibited in s. 943.41.
388,21
Section
21. 46.90 (1) (eg) of the statutes is created to read:
46.90 (1) (eg) "Fiscal agent" includes any of the following:
1. A guardian of the estate appointed under s. 880.03.
2. A conservator appointed under s. 880.31.
3. An agent under a financial power of attorney under s. 243.07.
4. A representative payee under
20 CFR 416.635.
5. A conservatorship under the U.S. department of veterans affairs.
388,22
Section
22. 46.90 (1) (er) of the statutes is created to read:
46.90 (1) (er) "Investigative agency" means a law enforcement or a city, town, village, county, or state governmental agency or unit with functions relating to protecting health, welfare, safety, or property, including an agency concerned with animal protection, public health, building code enforcement, consumer protection, or insurance or financial institution regulation.
388,23
Section
23. 46.90 (1) (f) of the statutes is repealed and recreated to read:
46.90 (1) (f) "Neglect" means the failure of a caregiver, as evidenced by an act, omission, or course of conduct, to endeavor to secure or maintain adequate care, services, or supervision for an individual, including food, clothing, shelter, or physical or mental health care, and creating significant risk or danger to the individual's physical or mental health. "Neglect" does not include a decision that is made to not seek medical care for an individual, if that decision is consistent with the individual's previously executed declaration or do-not-resuscitate order under ch. 154, a power of attorney for health care under ch. 155, or as otherwise authorized by law.
388,24
Section
24. 46.90 (1) (fg) of the statutes is created to read:
46.90 (1) (fg) "Physical abuse" means the intentional or reckless infliction of bodily harm.
388,25
Section
25. 46.90 (1) (g) of the statutes is amended to read:
46.90 (1) (g) "Self-neglect" means a significant danger to an elder person's individual's physical or mental health because the elder person individual is responsible for his or her own care but is unable fails to provide obtain adequate care, including food, shelter, clothing, or medical or dental care.
388,26
Section
26. 46.90 (1) (gd) of the statutes is created to read:
46.90 (1) (gd) "Sexual abuse" means a violation of s. 940.225 (1), (2), (3), or (3m).
388,27
Section
27. 46.90 (1) (gf) of the statutes is created to read:
46.90 (1) (gf) "State governmental agency" has the meaning given for "agency" in s. 16.417 (1) (a).
388,28
Section
28. 46.90 (1) (gr) of the statutes is created to read:
46.90 (1) (gr) "State official" means any law enforcement officer employed by the state or an employee of one of the following:
1. The department of health and family services.
2. The department of justice.
3. The department of regulation and licensing.
4. The board on aging and long-term care.
5. A state governmental agency other than those specified in subds. 1. to 4. with functions relating to protecting health and safety.
388,29
Section
29. 46.90 (1) (h) of the statutes is created to read:
46.90 (1) (h) "Treatment without consent" means the administration of medication to an individual who has not provided informed consent, or the performance of psychosurgery, electroconvulsive therapy, or experimental research on an individual who has not provided informed consent, with the knowledge that no lawful authority exists for the administration or performance.
388,30
Section
30. 46.90 (1) (i) of the statutes is created to read:
46.90 (1) (i) "Unreasonable confinement or restraint" includes the intentional and unreasonable confinement of an individual in a locked room, involuntary separation of an individual from his or her living area, use on an individual of physical restraining devices, or the provision of unnecessary or excessive medication to an individual, but does not include the use of these methods or devices in entities regulated by the department if the methods or devices are employed in conformance with state and federal standards governing confinement and restraint.
388,31
Section
31. 46.90 (2) of the statutes is amended to read:
46.90 (2) County Elder-adult-at-risk agency designation. Each county board shall designate an agency in the county as the county elder-adult-at-risk agency for the purposes of this section.
388,32
Section
32. 46.90 (3) (title) of the statutes is amended to read:
46.90 (3) (title) County
Elder-adult-at-risk agency duties.
388,33
Section
33. 46.90 (3) (a), (b) and (c) of the statutes are amended to read:
46.90 (3) (a) Each county elder-adult-at-risk agency shall develop a policy for notifying other investigative agencies, including law enforcement officials in appropriate cases, and shall establish an elder abuse reporting system to carry out the purposes of this section. Each county elder-adult-at-risk agency shall enter into a memorandum of understanding regarding the operation of the system with the county department under s. 46.215 or 46.22 and with any private or public agency, including a county department under s. 51.42 or 51.437, within the county that is participating in the elder abuse reporting system. The memorandum of understanding shall, at a minimum, identify the agencies that are responsible for the investigation of reports of abuse, material abuse financial exploitation, neglect, or self-neglect of elder adults at risk and for the provision of specific direct services.
(b) Each county elder-adult-at-risk agency shall receive reports of abuse, material abuse financial exploitation, neglect, or self-neglect of elder
persons adults at risk.
(c) Each county elder-adult-at-risk agency shall publicize the existence of an elder abuse reporting system in the county and shall provide a publicized telephone number which that can be used by persons wishing to report suspected cases of abuse, material abuse financial exploitation, neglect, or self-neglect of elder adults at risk. Each elder-adult-at-risk agency shall also provide a telephone number that can be used to make reports after the elder-adult-at-risk agency's regular business hours.
388,34
Section
34. 46.90 (4) (a) 1. of the statutes is renumbered 46.90 (4) (ar) and amended to read:
46.90 (4) (ar) Any person, including an attorney or a person working under the supervision of an attorney, may report to the county agency or to any state official, including any representative of the office of the long-term care ombudsman under s. 16.009 (4), department, the elder-adult-at-risk agency, a state or local law enforcement agency, the department, or the board on aging and long-term care that he or she believes that abuse, material abuse or financial exploitation, neglect, or self-neglect of an elder adult at risk has occurred if the person is aware of facts or circumstances that would lead a reasonable person to believe or suspect that abuse, material abuse or financial exploitation, neglect, or self-neglect of an elder adult at risk has occurred. The person shall indicate the facts and circumstances of the situation as part of the report.
388,35
Section
35. 46.90 (4) (a) 2. of the statutes is repealed.
388,36
Section
36. 46.90 (4) (ab) of the statutes is created to read:
46.90 (4) (ab) The following persons shall file reports as specified in par. (ad):
1. An employee of any entity that is licensed, certified, or approved by or registered with the department.
3. A health care provider, as defined in s. 155.01 (7).
4. A social worker, professional counselor, or marriage and family therapist certified under ch. 457.
388,37
Section
37. 46.90 (4) (ad) of the statutes is created to read:
46.90 (4) (ad) Except as provided in par. (ae), a person specified in par. (ab) who has seen an elder adult at risk in the course of the person's professional duties shall file a report with the county department, the elder-adult-at-risk agency, a state or local law enforcement agency, the department, or the board on aging and long-term care if the elder adult at risk has requested the person to make the report, or if the person has reasonable cause to believe that any of the following situations exist:
1. The elder adult at risk is at imminent risk of serious bodily harm, death, sexual assault, or significant property loss and is unable to make an informed judgment about whether to report the risk.
2. An elder adult at risk other than the subject of the report is at risk of serious bodily harm, death, sexual assault, or significant property loss inflicted by a suspected perpetrator.
388,38
Section
38. 46.90 (4) (ae) of the statutes is created to read:
46.90 (4) (ae) A person specified in par. (ab) to whom any of the following applies is not required to file a report as provided in par. (ad):
1. If the person believes that filing a report would not be in the best interest of the elder adult at risk. If the person so believes, the person shall document the reasons for this belief in the case file that the person maintains on the elder adult at risk.
2. If a health care provider provides treatment by spiritual means through prayer for healing in lieu of medical care in accordance with his or her religious tradition and his or her communications with patients are required by his or her religious denomination to be held confidential.
388,39
Section
39. 46.90 (4) (b) 1. b. of the statutes is amended to read:
46.90 (4) (b) 1. b. No person may discharge or otherwise retaliate or discriminate against any person
individual on whose behalf another person has reported in good faith under this subsection.
388,40
Section
40. 46.90 (4) (b) 1. c. of the statutes is renumbered 46.90 (9) (d) and amended to read:
46.90 (9) (d) Any person who violates this subdivision sub. (4) (b) 1. may be fined not more than
$1,000 $10,000 or imprisoned for not more than 6 months or both.
388,41
Section
41. 46.90 (4) (b) 1. cm. of the statutes is created to read:
46.90 (4) (b) 1. cm. Any discharge of a person or act of retaliation or discrimination that is taken against a person who makes a report under this subsection, within 120 days after the report is made, establishes a rebuttable presumption that the discharge or act is made in response to the report. This presumption may be rebutted by a preponderance of evidence that the discharge or act was not made in response to the report.
388,42
Section
42. 46.90 (4) (b) 2. c. of the statutes is amended to read:
46.90 (4) (b) 2. c. Any person not described in subd. 2. b. who is retaliated or discriminated against in violation of subd. 1. a. or b. may commence an action in circuit court for damages incurred as a result of the violation.
