LRBs0192/1
TAY:kaf:arm
1997 - 1998 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 3,
TO 1997 ASSEMBLY BILL 203
June 3, 1997 - Offered by Representative Hahn.
AB203-ASA3,1,9
1An Act to amend 49.498 (3) (b) 1., 55.043 (1) (a) (intro.), 55.043 (4) (intro.), 55.043
2(4) (e), 55.043 (4) (f), 55.043 (5), 146.40 (4g) (a) 3., 146.40 (4r) (a), 146.40 (4r) (b)
3and 813.123 (5) (a) 3. a.; and
to create 20.435 (6) (di), 46.90 (9m), 50.065 and
4146.40 (4r) (am) of the statutes;
relating to: requiring criminal history
5searches of certain persons hired or proposed to be hired by certain facilities or
6services, requiring conduct of an elder abuse awareness campaign, authorizing
7positions for the board on aging and long-term care, clarifying requirements for
8reporting the misappropriation of property, abuse or neglect of certain patients
9or facility residents, making appropriations and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB203-ASA3, s. 1
10Section
1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
11the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB203-ASA3, s. 2
1Section
2. 20.435 (6) (di) of the statutes is created to read:
AB203-ASA3,2,42
20.435
(6) (di)
Elder abuse awareness campaign. The amounts in the schedule
3for the purpose of conducting a statewide elder abuse awareness campaign under s.
446.90 (9m).
AB203-ASA3,2,116
46.90
(9m) Elder abuse awareness campaign. From the appropriation under
7s. 20.435 (6) (di), the department shall conduct a statewide elder abuse awareness
8campaign by use of mass media communication, including public service
9announcements, and by development, printing and distribution of informational
10brochures and posters, to increase the general public's awareness of the problem of
11elder abuse.
AB203-ASA3, s. 4
12Section
4. 49.498 (3) (b) 1. of the statutes is amended to read:
AB203-ASA3,2,1813
49.498
(3) (b) 1. Inform each resident, orally and in writing at the time of
14admission to the nursing facility, of the resident's legal rights during the stay at the
15nursing facility, including a description of the protection of personal funds under sub.
16(8) and a statement that a resident may file a complaint with the department under
17s. 146.40 (4r) (a) concerning
neglect, abuse or misappropriation of property
, neglect
18or abuse of a resident.
AB203-ASA3,3,3
250.065 Prior convictions, employes of certain facilities or services. (1) 3In this section:
AB203-ASA3,3,64
(a) "Adult day care center" means a facility that is operated by an adult day care
5provider that provides care and services to persons who are aged 60 or older for less
6than 24 hours a day.
AB203-ASA3,3,77
(b) "Hospice" has the meaning given in s. 50.90 (1).
AB203-ASA3,3,88
(c) "Hospital" has the meaning given in s. 50.33 (2).
AB203-ASA3,3,99
(d) "Treatment facility" has the meaning given in s. 51.01 (19).
AB203-ASA3,3,21
10(2) (a) Any person who is engaged in the business of providing the services of
11an adult day care center, an adult family home, an assisted living facility, a
12community-based residential facility, a home health agency, a hospice, a nursing
13home, a hospital or a treatment facility shall request the department of justice to
14perform a criminal history search on any individual who may have access to patients,
15residents, or clients of the facility or service whom the adult day care center, adult
16family home, assisted living facility, community-based residential facility, home
17health agency, hospice, nursing home, hospital or treatment facility proposes to hire.
18The adult day care center, adult family home, assisted living facility,
19community-based residential facility, home health agency, hospice, nursing home,
20hospital or treatment facility may charge the applicant the actual cost of the criminal
21history search.
AB203-ASA3,4,222
(b) 1. Notwithstanding s. 111.335 (1), upon application for employment with
23an adult day care center, adult family home, assisted living facility,
24community-based residential facility, home health agency, hospice, nursing home,
1hospital or treatment facility, the applicant shall attest in writing to one of the
2following:
AB203-ASA3,4,43
a. A statement that the applicant has not been convicted of a crime in this state
4or in any other state.
AB203-ASA3,4,75
b. A statement that the applicant has been convicted of a crime in this state or
6in any other state. If the applicant attests to a statement under this subd. 1. b., the
7applicant shall further state in writing the nature of the convictions.
AB203-ASA3,4,108
2. A person who intentionally attests to a false statement under this paragraph,
9including the intentional omission of any conviction, may be fined not more than
10$500.
AB203-ASA3,4,1811
(c) An adult day care center, adult family home, assisted living facility,
12community-based residential facility, home health agency, hospice, nursing home,
13hospital or treatment facility may employ a person pending the completion of a
14criminal history search under par. (a) unless the person has attested under par. (b)
15to having a criminal conviction that prohibits the adult day care center, adult family
16home, assisted living facility, community-based residential facility, home health
17agency, hospice, nursing home, hospital or treatment facility from employing the
18person under sub. (3).
AB203-ASA3,5,4
19(3) (a) No adult day care center, adult family home, assisted living facility,
20community-based residential facility, home health agency, hospice, nursing home,
21hospital or treatment facility may intentionally employ an individual who may have
22access to patients or residents of the facility or service who has been convicted under
23s. 940.01 to 940.03, 940.05, 940.06, 940.19, 940.20, 940.21, 940.225 (1) to (3), 940.23,
24940.285 (2), 940.29, 940.295 (3), 940.30, 940.305, 940.31, 941.30, 943.10 (2), 943.23
25(1g) to (1r), 943.32 (1) and (2), 943.38, 948.02 (1) and (2), 948.025, 948.03, 948.04,
1948.05, 948.055, 948.06, 948.07 or 948.30 or of solicitation under s. 939.30,
2conspiracy under s. 939.31 or attempt under s. 939.32, to commit any of these crimes
3and who has not been pardoned for the violation resulting in the conviction. Whoever
4violates this paragraph may be required to forfeit not more than $1,000.
AB203-ASA3,5,115
(b) Notwithstanding s. 111.335, an adult day care center, adult family home,
6assisted living facility, community-based residential facility, home health agency,
7hospice, nursing home, hospital or treatment facility may refuse to employ a person
8who has been convicted of a crime that is determined by the adult day care center,
9adult family home, assisted living facility, community-based residential facility,
10home health agency, hospice, nursing home, hospital or treatment facility to be
11reasonably related to the circumstances of employment.
AB203-ASA3,5,21
12(4) An adult day care center, adult family home, assisted living facility,
13community-based residential facility, home health agency, hospice, nursing home,
14hospital or treatment facility may not employ any individual who may have access
15to patients, residents or clients unless it has requested from the department any
16information regarding that person that is contained in the registry under s. 146.40
17(4g). An adult day care center, adult family home, assisted living facility,
18community-based residential facility, home health agency, hospice, nursing home,
19hospital or treatment facility may not employ any person who has a record of
20misappropriation of property, neglect or abuse of a patient, resident or client. A
21person who violates this subsection may be required to forfeit not more than $1,000.
AB203-ASA3, s. 6
22Section
6. 55.043 (1) (a) (intro.) of the statutes is amended to read:
AB203-ASA3,6,523
55.043
(1) (a) (intro.) If a county protective services agency has probable cause
24to believe that there is
abuse, neglect or misappropriation of property
, neglect or
25abuse, the county protective services agency may conduct an investigation in
1Milwaukee county to determine if the vulnerable adult in question is in need of
2protective services. The county protective services agency shall conduct the
3investigation in accordance with standards established by the department for
4conducting the investigations. The investigation shall include at least one of the
5following:
AB203-ASA3, s. 7
6Section
7. 55.043 (4) (intro.) of the statutes is amended to read:
AB203-ASA3,6,107
55.043
(4) Offer of services. (intro.) If upon investigation the county
8protective services agency finds
abuse, neglect or misappropriation of property
,
9neglect or abuse, the county protective services agency may do one or more of the
10following:
AB203-ASA3, s. 8
11Section
8. 55.043 (4) (e) of the statutes is amended to read:
AB203-ASA3,6,1512
55.043
(4) (e) Refer the case to the department of regulation and licensing or
13the appropriate examining board if the
abuse, neglect or misappropriation of
14property
, neglect or abuse involves an individual who is required to be licensed,
15permitted, certified or registered under chs. 440 to 459.
AB203-ASA3, s. 9
16Section
9. 55.043 (4) (f) of the statutes is amended to read:
AB203-ASA3,6,2117
55.043
(4) (f) Bring a petition for a guardianship and protective service or
18protective placement if necessary to prevent
abuse, neglect or misappropriation of
19property
, neglect or abuse and if the vulnerable adult would otherwise be at risk of
20serious harm because of an inability to arrange for necessary food, clothing, shelter
21and services.
AB203-ASA3,7,323
55.043
(5) Applicability. This section does not apply to patients or residents
24of state-operated or county-operated inpatient institutions or hospitals issued
25certificates of approval under s. 50.35 unless the alleged
abuse, neglect or
1misappropriation of property
, neglect or abuse of such a patient or resident is alleged
2to have been done by a person other than an employe of the inpatient institution or
3hospital.
AB203-ASA3, s. 11
4Section
11. 146.40 (4g) (a) 3. of the statutes is amended to read:
AB203-ASA3,7,75
146.40
(4g) (a) 3. Findings of the department under sub. (4r) (b) or of the
6hearing officer under sub. (4r) (d) concerning the
neglect, abuse or misappropriation
7of property
, neglect or abuse by an individual listed under subd. 2.
AB203-ASA3,7,199
146.40
(4r) (a) Any individual may report to the department that he or she
10believes that a
nurse's assistant person employed by or under contract with an adult
11day care center, adult family home, assisted living facility, community-based
12residential facility, home health agency, hospice, nursing home, hospital or
13treatment facility has neglected
, or abused
a resident, patient or client of the adult
14day care center, adult family home, assisted living facility, community-based
15residential facility, home health agency, hospice, nursing home, hospital or
16treatment facility or misappropriated the
resident's, patient's or client's property
of
17a nursing home resident or a hospital patient or that a home health aide has
18neglected
, or abused
a home health agency patient or misappropriated the
patient's 19property
of a home health agency patient.
AB203-ASA3,8,421
146.40
(4r) (am) An adult day care center, adult family home, assisted living
22facility, community-based residential facility, home health agency, hospice, nursing
23home, hospital or treatment facility shall report any misappropriation of property,
24neglect or abuse of a resident, patient or client by a nurse's assistant, home health
25aide or other person employed by or under contract with the adult day care center,
1adult family home, assisted living facility, community-based residential facility,
2home health agency, hospice, nursing home, hospital or treatment facility to the
3department. A person who violates this paragraph may be required to forfeit not
4more than $1,000.
AB203-ASA3,8,226
146.40
(4r) (b) The department shall review and investigate any report
7received under par. (a)
or (am) and, if the allegation is substantiated, make specific,
8documented findings concerning the
neglect, abuse or misappropriation of property
,
9neglect or abuse. The department shall in writing by certified mail notify the
nurse's
10assistant or home health aide person specified in the report that his or her name and
11the department's findings about him or her shall be listed in the registry under sub.
12(4g) (a) 2. and 3. unless he or she contests the listings in a hearing before the
13department. The written notification shall describe the investigation conducted by
14the department, enumerate the findings alleging
neglect, abuse or misappropriation
15of property
, neglect or abuse of a
nursing home resident or home health agency 16resident, patient
or client of an adult day care center, adult family home, assisted
17living facility, community-based residential facility, home health agency, hospice,
18nursing home, hospital or treatment facility and explain the consequence to the
19nurse's assistant or home health aide person of waiving a hearing to contest the
20findings. The
nurse's assistant or home health aide
person named in the report shall
21have 30 days after receipt of the notification to indicate to the department in writing
22whether he or she intends to contest the listing or to waive the hearing.
AB203-ASA3, s. 15
23Section
15. 813.123 (5) (a) 3. a. of the statutes is amended to read:
AB203-ASA3,9,324
813.123
(5) (a) 3. a. That the respondent has interfered with, or based upon
25prior conduct of the respondent may interfere with, an investigation of the
1vulnerable adult under s. 55.043 and that the interference complained of, if
2continued, would make it difficult to determine if
abuse, neglect or misappropriation
3of property
, neglect or abuse is occurring or may recur.
AB203-ASA3,9,95
(1)
Criminal history searches. The authorized FTE positions for the
6department of justice are increased by 2.0 PR positions on July 1, 1997, to be funded
7from the appropriation under section 20.455 (2) (gm) of the statutes, for the purpose
8of performing criminal history searches as required under section 50.065 (2) of the
9statutes, as created by this act.