AB539,14,324 46.90 (1) (cm) "Emotional abuse" means language or behavior that serves no
25legitimate purpose and is intended to be intimidating, humiliating, threatening,

1frightening, or otherwise harassing, and that does or reasonably could intimidate,
2humiliate, threaten, frighten, or otherwise harass the individual to whom the
3conduct or language is directed.
AB539, s. 18 4Section 18. 46.90 (1) (d) of the statutes is repealed.
AB539, s. 19 5Section 19. 46.90 (1) (e) of the statutes is repealed.
AB539, s. 20 6Section 20. 46.90 (1) (ed) of the statutes is created to read:
AB539,14,77 46.90 (1) (ed) "Financial exploitation" means any of the following:
AB539,14,118 1. Obtaining an individual's money or property by deceiving or enticing the
9individual, or by forcing, compelling, or coercing the individual to give, sell at less
10than fair market value, or in other ways convey money or property against his or her
11will without his or her informed consent.
AB539,14,1212 2. Theft, as prohibited in s. 943.20.
AB539,14,1413 3. The substantial failure or neglect of a fiscal agent to fulfill his or her
14responsibilities.
AB539, s. 21 15Section 21. 46.90 (1) (eg) of the statutes is created to read:
AB539,14,1616 46.90 (1) (eg) "Fiscal agent" includes any of the following:
AB539,14,1717 1. A guardian of the estate appointed under s. 880.03.
AB539,14,1818 2. A conservator appointed under s. 880.31.
AB539,14,1919 3. An agent under a financial power of attorney under s. 243.07.
AB539,14,20204. A representative payee under 20 CFR 416.635.
AB539,14,2121 5. A conservatorship under the U.S. department of veterans affairs.
AB539, s. 22 22Section 22. 46.90 (1) (er) of the statutes is created to read:
AB539,15,223 46.90 (1) (er) "Investigative agency" means a law enforcement or a city, town,
24village, county, or state governmental agency or unit with functions relating to
25protecting health, welfare, safety, or property, including an agency concerned with

1animal protection, public health, building code enforcement, consumer protection,
2or insurance or financial institution regulation.
AB539, s. 23 3Section 23. 46.90 (1) (f) of the statutes is repealed and recreated to read:
AB539,15,124 46.90 (1) (f) "Neglect" means the failure of a caregiver, as evidenced by an act,
5omission, or course of conduct, to endeavor to secure or maintain adequate care,
6services, or supervision for an individual, including food, clothing, shelter, or
7physical or mental health care, and creating significant risk or danger to the
8individual's physical or mental health. "Neglect" does not include a decision that is
9made to not seek medical care for an individual, if that decision is consistent with the
10individual's previously executed declaration or do-not-resuscitate order under ch.
11154, a power of attorney for health care under ch. 155, or as otherwise authorized by
12law.
AB539, s. 24 13Section 24. 46.90 (1) (fg) of the statutes is created to read:
AB539,15,1514 46.90 (1) (fg) "Physical abuse" means the intentional or reckless infliction of
15bodily harm.
AB539, s. 25 16Section 25. 46.90 (1) (g) of the statutes is amended to read:
AB539,15,2017 46.90 (1) (g) "Self-neglect" means a significant danger to an elder person's
18individual's physical or mental health because the elder person individual is
19responsible for his or her own care but is unable fails to provide obtain adequate care,
20including
food, shelter, clothing, or medical or dental care.
AB539, s. 26 21Section 26. 46.90 (1) (gd) of the statutes is created to read:
AB539,15,2222 46.90 (1) (gd) "Sexual abuse" means a violation of s. 940.225 (1), (2), (3), or (3m).
AB539, s. 27 23Section 27. 46.90 (1) (gf) of the statutes is created to read:
AB539,15,2524 46.90 (1) (gf) "State governmental agency" has the meaning given for "agency"
25in s. 16.417 (1) (a).
AB539, s. 28
1Section 28. 46.90 (1) (gr) of the statutes is created to read:
AB539,16,32 46.90 (1) (gr) "State official" means any law enforcement officer employed by
3the state or an employee of one of the following:
AB539,16,44 1. The department of health and family services.
AB539,16,55 2. The department of justice.
AB539,16,66 3. The department of regulation and licensing.
AB539,16,77 4. The board on aging and long-term care.
AB539,16,98 5. A state governmental agency other than those specified in subds. 1. to 4. with
9functions relating to protecting health and safety.
AB539, s. 29 10Section 29. 46.90 (1) (h) of the statutes is created to read:
AB539,16,1511 46.90 (1) (h) "Treatment without consent" means the administration of
12medication to an individual who has not provided informed consent, or the
13performance of psychosurgery, electroconvulsive therapy, or experimental research
14on an individual who has not provided informed consent, with the knowledge that
15no lawful authority exists for the administration or performance.
AB539, s. 30 16Section 30. 46.90 (1) (i) of the statutes is created to read:
AB539,16,2317 46.90 (1) (i) "Unreasonable confinement or restraint" includes the intentional
18and unreasonable confinement of an individual in a locked room, involuntary
19separation of an individual from his or her living area, use on an individual of
20physical restraining devices, or the provision of unnecessary or excessive medication
21to an individual, but does not include the use of these methods or devices in entities
22regulated by the department if the methods or devices are employed in conformance
23with state and federal standards governing confinement and restraint.
AB539, s. 31 24Section 31. 46.90 (2) of the statutes is amended to read:
AB539,17,3
146.90 (2) County Elder-adult-at-risk agency designation. Each county
2board shall designate an agency in the county as the county elder-adult-at-risk
3agency for the purposes of this section.
AB539, s. 32 4Section 32. 46.90 (3) (title) of the statutes is amended to read:
AB539,17,55 46.90 (3) (title) County Elder-adult-at-risk agency duties.
AB539, s. 33 6Section 33. 46.90 (3) (a), (b) and (c) of the statutes are amended to read:
AB539,17,177 46.90 (3) (a) Each county elder-adult-at-risk agency shall develop a policy for
8notifying other investigative agencies, including law enforcement officials in
9appropriate cases, and shall establish an elder abuse reporting system to carry out
10the purposes of this section. Each county elder-adult-at-risk agency shall enter into
11a memorandum of understanding regarding the operation of the system with the
12county department under s. 46.215 or 46.22 and with any private or public agency,
13including a county department under s. 51.42 or 51.437, within the county that is
14participating in the elder abuse reporting system. The memorandum of
15understanding shall, at a minimum, identify the agencies that are responsible for the
16investigation of reports of abuse, material abuse financial exploitation, neglect, or
17self-neglect of elder adults at risk and for the provision of specific direct services.
AB539,17,2018 (b) Each county elder-adult-at-risk agency shall receive reports of abuse,
19material abuse financial exploitation, neglect, or self-neglect of elder persons adults
20at risk
.
AB539,18,221 (c) Each county elder-adult-at-risk agency shall publicize the existence of an
22elder abuse reporting system in the county and shall provide a publicized telephone
23number which that can be used by persons wishing to report suspected cases of
24abuse, material abuse financial exploitation, neglect, or self-neglect of elder adults
25at risk. Each elder-adult-at-risk agency shall also provide a telephone number that

1can be used to make reports after the elder-adult-at-risk agency's regular business
2hours
.
AB539, s. 34 3Section 34. 46.90 (4) (a) 1. of the statutes is renumbered 46.90 (4) (ar) and
4amended to read:
AB539,18,155 46.90 (4) (ar) Any person, including an attorney or a person working under the
6supervision of an attorney,
may report to the county agency or to any state official,
7including any representative of the office of the long-term care ombudsman under
8s. 16.009 (4),
department, the elder-adult-at-risk agency, a state or local law
9enforcement agency, the department, or the board on aging and long-term care
that
10he or she believes that abuse, material abuse or financial exploitation, neglect, or
11self-neglect of an elder adult at risk
has occurred if the person is aware of facts or
12circumstances that would lead a reasonable person to believe or suspect that abuse,
13material abuse or financial exploitation, neglect, or self-neglect of an elder adult at
14risk
has occurred. The person shall indicate the facts and circumstances of the
15situation as part of the report.
AB539, s. 35 16Section 35. 46.90 (4) (a) 2. of the statutes is repealed.
AB539, s. 36 17Section 36. 46.90 (4) (ab) of the statutes is created to read:
AB539,18,1818 46.90 (4) (ab) The following persons shall file reports as specified in par. (ad):
AB539,18,2019 1. An employee of any entity that is licensed, certified, or approved by or
20registered with the department.
AB539,18,2121 2. An employee of a financial institution, as defined in s. 705.01 (3).
AB539,18,2222 3. A health care provider, as defined in s. 155.01 (7).
AB539,18,2423 4. A social worker, professional counselor, or marriage and family therapist
24certified under ch. 457.
AB539, s. 37 25Section 37. 46.90 (4) (ad) of the statutes is created to read:
AB539,19,6
146.90 (4) (ad) Except as provided in par. (ae), a person specified in par. (ab) who
2has seen an elder adult at risk in the course of the person's professional duties shall
3file a report with the county department, the elder-adult-at-risk agency, a state or
4local law enforcement agency, the department, or the board on aging and long-term
5care if the elder adult at risk has requested the person to make the report, or if the
6person has reasonable cause to believe that any of the following situations exist:
AB539,19,97 1. The elder adult at risk is at imminent risk of serious bodily harm, death,
8sexual assault, or significant property loss and is unable to make an informed
9judgment about whether to report the risk.
AB539,19,1210 2. An elder adult at risk other than the subject of the report is at risk of serious
11bodily harm, death, sexual assault, or significant property loss inflicted by a
12suspected perpetrator.
AB539, s. 38 13Section 38. 46.90 (4) (ae) of the statutes is created to read:
AB539,19,1814 46.90 (4) (ae) A person specified in par. (ab) is not required to file a report as
15provided in par. (ad) if the person believes that filing a report would not be in the best
16interest of the elder adult at risk. If the person so believes, the person shall document
17the reasons for this belief in the case file that the person maintains on the elder adult
18at risk.
AB539, s. 39 19Section 39. 46.90 (4) (b) 1. b. of the statutes is amended to read:
AB539,19,2220 46.90 (4) (b) 1. b. No person may discharge or otherwise retaliate or
21discriminate against any person individual on whose behalf another person has
22reported in good faith under this subsection.
AB539, s. 40 23Section 40. 46.90 (4) (b) 1. c. of the statutes is renumbered 46.90 (9) (d) and
24amended to read:
AB539,20,3
146.90 (9) (d) Any person who violates this subdivision sub. (4) (b) 1. may be
2fined not more than $1,000 $10,000 or imprisoned for not more than 6 months or
3both.
AB539, s. 41 4Section 41. 46.90 (4) (b) 1. cm. of the statutes is created to read:
AB539,20,105 46.90 (4) (b) 1. cm. Any discharge of a person or act of retaliation or
6discrimination that is taken against a person who makes a report under this
7subsection, within 120 days after the report is made, establishes a rebuttable
8presumption that the discharge or act is made in response to the report. This
9presumption may be rebutted by a preponderance of evidence that the discharge or
10act was not made in response to the report.
AB539, s. 42 11Section 42. 46.90 (4) (b) 2. c. of the statutes is amended to read:
AB539,20,1412 46.90 (4) (b) 2. c. Any person not described in subd. 2. b. who is retaliated or
13discriminated against in violation of subd. 1. a. or b. may commence an action in
14circuit court for damages incurred as a result of the violation.
AB539, s. 43 15Section 43. 46.90 (4) (c) of the statutes is amended to read:
AB539,20,2016 46.90 (4) (c) No person may be held civilly or criminally liable or be found guilty
17of unprofessional conduct for reporting in good faith under this subsection and
18within the scope of his or her authority, or for filing a report with an agency not listed
19in par. (ad) (intro.) or (ar) if the person had a good faith belief that the report was filed
20correctly with one of the listed agencies
.
AB539, s. 44 21Section 44. 46.90 (4) (d) of the statutes is amended to read:
AB539,20,2422 46.90 (4) (d) If a report under par. (a) (ad) or (ar) is made to a state official, the
23state official shall refer the report to the appropriate county elder-adult-at-risk
24agency.
AB539, s. 45 25Section 45. 46.90 (4) (e) of the statutes is created to read:
AB539,21,2
146.90 (4) (e) Any person making a report under this subsection is presumed to
2have reported in good faith.
AB539, s. 46 3Section 46. 46.90 (5) (title) of the statutes is repealed and recreated to read:
AB539,21,44 46.90 (5) (title) Response and investigation.
AB539, s. 47 5Section 47. 46.90 (5) (a) of the statutes is renumbered 46.90 (5) (a) 1. and
6amended to read:
AB539,22,57 46.90 (5) (a) 1. Except as otherwise provided, upon receiving a report of alleged
8abuse, material abuse financial exploitation, neglect, or self-neglect of an elder adult
9at risk
, the county elder-adult-at-risk agency shall either investigate respond to the
10report including, if necessary, by conducting an investigation, or refer the report to
11another agency for investigation. Upon receiving a report of alleged abuse, material
12abuse
financial exploitation, neglect, or self-neglect of an elder person who resides
13in a community-based residential facility or a nursing home licensed under s. 50.03
14or of an elder person who receives services from a home health agency licensed under
15s. 50.49 and the person suspected of abusing or neglecting the person is an employee
16of the home health agency
a client, as defined in s. 50.065 (1) (b), of an entity, as
17defined in s. 50.065 (1) (c), if the person suspected of perpetrating the alleged abuse,
18financial exploitation, or neglect is a caregiver or a nonclient resident of the entity
,
19the county elder-adult-at-risk agency may not investigate the report but it shall
20refer the report within 24 hours after the report is received, excluding Saturdays,
21Sundays and legal holidays,
to the department for investigation. An investigation
22The department shall coordinate its investigatory efforts with other investigative
23agencies or authorities as appropriate. An elder-adult-at-risk agency's response to
24or another investigative agency's investigation
of a report of alleged abuse, financial
25exploitation,
neglect, or self-neglect that is not referred to the department shall be

1commenced within 24 hours after a report is received, excluding Saturdays, Sundays
2and legal holidays. An investigation of a report of material abuse shall be
3commenced within 5 days after a report is received, excluding Saturdays, Sundays
4and legal holidays. If a report is referred to the department, pars. (b) to (g) and sub.
5(6) do not apply to the department.
AB539, s. 48 6Section 48. 46.90 (5) (a) 2. of the statutes is created to read:
AB539,22,177 46.90 (5) (a) 2. If an agent or employee of an elder-adult-at-risk agency
8required to respond under this subsection is the subject of a report, or if the
9elder-adult-at-risk agency or an agency under contract with the county department
10determines that the relationship between the elder-adult-at-risk agency and the
11agency under contract with the county department would not allow for an unbiased
12response, the elder-adult-at-risk agency shall, after taking any action necessary to
13protect the elder adult at risk, notify the department. Upon receipt of the notice, the
14department or a county department under s. 46.215, 46.22, 51.42, or 51.437
15designated by the department shall conduct an independent investigation. The
16powers and duties of a county department making an independent investigation are
17those given to an elder-adult-at-risk agency under pars. (b) to (f) and sub. (6).
AB539, s. 49 18Section 49. 46.90 (5) (b) (intro.) and 1. to 5. of the statutes are amended to read:
AB539,22,2119 46.90 (5) (b) (intro.) The scope of the elder-adult-at-risk agency's response or
20another investigative agency's
investigation is at the discretion of the investigating
21agency and
may include one or more of the following:
AB539,22,2222 1. A visit to the elder person's residence of the elder adult at risk.
AB539,22,2423 2. Observation of the elder person adult at risk, with or without consent of his
24or her guardian or agent under an activated power of attorney for health care, if any
.
AB539,23,4
13. An interview with the elder person. To the extent practicable, this interview
2shall be private
adult at risk, in private to the extent practicable, and with or without
3the consent of his or her guardian or agent under an activated power of attorney for
4health care, if any
.
AB539,23,75 4. An interview with the guardian or agent under an activated power of
6attorney for health care, if any, and with
any person who takes care caregiver of the
7elder person adult at risk.
AB539,23,98 5. A review of the treatment and patient health care records of the elder adult
9at risk
.
AB539, s. 50 10Section 50. 46.90 (5) (b) 6. of the statutes is created to read:
Loading...
Loading...