LRB-4597/1
PJH:jld:md
2009 - 2010 LEGISLATURE
April 14, 2010 - Introduced by Representatives Pasch, Zigmunt, Turner,
Ziegelbauer, Benedict, Zepnick, Black, Smith, Sinicki and Roys, cosponsored
by Senators Robson, Taylor and Vinehout. Referred to Committee on Public
Health.
AB955,1,2
1An Act to create 940.295 (4) of the statutes;
relating to: abuse and neglect of
2patients and residents.
Analysis by the Legislative Reference Bureau
Under current law, no person may abuse or neglect a person who is a patient
or resident at a care facility, adult day care, foster home, group home, hospice, or
other inpatient health care facility, or who is at risk for abuse or neglect due to a
mental or physical impairment. The penalty for abuse or neglect depends on the
severity of the damage done to the patient, resident, or at-risk person and whether
the actor acted intentionally, recklessly, or negligently.
For example, a person who commits an intentional or reckless act that causes
the death of a patient, resident, or at-risk person is guilty of a Class C felony and may
be fined up to $100,000, imprisoned for up to 40 years, or both. A person who commits
a negligent act that results in the death of a patient, resident, or at-risk person is
guilty of a Class D felony and subject to the same fine but a maximum of 25 years in
prison. A person who acts intentionally, recklessly, or negligently but does not cause
harm or create a risk of harm to a patient, resident, or at-risk person is guilty of a
Class B misdemeanor and may be fined up to $1,000, imprisoned for up to 90 days,
or both.
Under current law, conduct is "reckless" if it creates an unreasonable risk of
death or harm to, and demonstrates a conscious disregard for, the safety of a patient,
resident, or at-risk person. An act, omission, or course of conduct is "negligent" if
the actor should realize that it creates a substantial and unreasonable risk of death
or harm.
Under this bill, conduct may not be considered "abuse" or "neglect" if the act is
mere inefficiency, unsatisfactory conduct, or failure in good performance as the
result of inability, incapacity, inadvertency, or ordinary negligence in an isolated
instance, or a good faith error in judgment or discretion by a health care provider who
acts within the scope of his or her practice or employment.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB955, s. 1
1Section
1. 940.295 (4) of the statutes is created to read:
AB955,2,62
940.295
(4) Exceptions. In this section, "abuse" or "neglect" does not include
3an act of mere inefficiency, unsatisfactory conduct, or failure in good performance as
4the result of inability, incapacity, inadvertency, or ordinary negligence in an isolated
5instance, or a good faith error in judgment or discretion by a health care provider, as
6defined in s. 146.81 (1), acting within the scope of his or her practice or employment.
