March 7, 2000 - Offered by Representatives Underheim, Carpenter, Johnsrud,
Ziegelbauer, Pettis, Miller, Hahn, Ladwig, Stone, F. Lasee
and Urban.
AB379-ASA1,1,6 1An Act to amend 111.322 (2m) (a) and 111.322 (2m) (b); and to create 106.06
2(6), 146.997 and 230.45 (1) (L) of the statutes; relating to: disciplinary action
3against an employe of a health care facility or a health care provider who
4reports a violation of the law or a violation of a clinical or ethical standard by
5the health care facility or health care provider or by an employe of the health
6care facility or health care provider and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB379-ASA1, s. 1 7Section 1. 106.06 (6) of the statutes is created to read:
AB379-ASA1,1,118 106.06 (6) The division shall receive complaints under s. 146.997 (4) (a) of
9disciplinary action taken in violation of s. 146.997 (3) and shall process the
10complaints in the same manner that employment discrimination complaints are
11processed under s. 111.39.
AB379-ASA1, s. 2
1Section 2. 111.322 (2m) (a) of the statutes is amended to read:
AB379-ASA1,2,42 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
3right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.455, 103.50, 104.12,
4109.03, 109.07 or, 109.075 or 146.997 or ss. 101.58 to 101.599 or 103.64 to 103.82.
AB379-ASA1, s. 3 5Section 3. 111.322 (2m) (b) of the statutes is amended to read:
AB379-ASA1,2,96 111.322 (2m) (b) The individual testifies or assists in any action or proceeding
7held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32,
8103.455, 103.50, 104.12, 109.03, 109.07 or, 109.075 or 146.997 or ss. 101.58 to
9101.599 or 103.64 to 103.82.
AB379-ASA1, s. 4 10Section 4. 146.997 of the statutes is created to read:
AB379-ASA1,2,11 11146.997 Health care worker protection. (1) Definitions. In this section:
AB379-ASA1,2,1212 (a) "Department" means the department of workforce development.
AB379-ASA1,2,1313 (b) "Disciplinary action" has the meaning given in s. 230.80 (2).
AB379-ASA1,2,1914 (c) "Health care facility" means a facility, as defined in s. 647.01 (4), or any
15hospital, nursing home, community-based residential facility, county home, county
16infirmary, county hospital, county mental health complex, tuberculosis sanatorium
17or other place licensed or approved by the department of health and family services
18under s. 49.70, 49.71, 49.72, 50.03, 50.35, 51.08, 51.09, 58.06, 252.073 or 252.076 or
19a facility under s. 45.365, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.
AB379-ASA1,2,2020 (d) "Health care provider" means any of the following:
AB379-ASA1,2,2121 1. A nurse licensed under ch. 441.
AB379-ASA1,2,2222 2. A chiropractor licensed under ch. 446.
AB379-ASA1,2,2323 3. A dentist licensed under ch. 447.
AB379-ASA1,2,2424 4. A physician, podiatrist or physical therapist licensed under ch. 448.
AB379-ASA1,3,2
15. An occupational therapist, occupational therapy assistant, physician
2assistant or respiratory care practitioner certified under ch. 448.
AB379-ASA1,3,33 6. A dietician certified under subch. V of ch. 448.
AB379-ASA1,3,44 7. An optometrist licensed under ch. 449.
AB379-ASA1,3,55 8. A pharmacist licensed under ch. 450.
AB379-ASA1,3,66 9. An acupuncturist certified under ch. 451.
AB379-ASA1,3,77 10. A psychologist licensed under ch. 455.
AB379-ASA1,3,98 11. A social worker, marriage and family therapist or professional counselor
9certified under ch. 457.
AB379-ASA1,3,1210 12. A speech-language pathologist or audiologist licensed under subch. II of ch.
11459 or a speech and language pathologist licensed by the department of public
12instruction.
AB379-ASA1,3,1413 13. A massage therapist or bodyworker issued a license of registration under
14subch. XI of ch. 440.
AB379-ASA1,3,1615 14. An emergency medical technician licensed under s. 146.50 (5) or a first
16responder.
AB379-ASA1,3,1717 15. A partnership of any providers specified under subds. 1. to 14.
AB379-ASA1,3,1918 16. A corporation or limited liability company of any providers specified under
19subds. 1. to 14. that provides health care services.
AB379-ASA1,3,2220 17. An operational cooperative sickness care plan organized under ss. 185.981
21to 185.985 that directly provides services through salaried employes in its own
22facility.
AB379-ASA1,3,2323 18. A hospice licensed under subch. IV of ch. 50
AB379-ASA1,3,2424 19. A rural medical center, as defined in s. 50.50 (11).
AB379-ASA1,3,2525 20. A home health agency, as defined in s. 50.49 (1) (a).
AB379-ASA1,4,10
1(2) Reporting protected. (a) Any employe of a health care facility or of a health
2care provider who is aware of any information, the disclosure of which is not
3expressly prohibited by any state law or rule or any federal law or regulation, that
4would lead a reasonable person to believe any of the following may report that
5information to any agency, as defined in s. 111.32 (6) (a), of the state; to any
6professionally recognized accrediting or standard-setting body that has accredited,
7certified or otherwise approved the health care facility or health care provider; to any
8officer or director of the health care facility or health care provider; or to any employe
9of the health care facility or health care provider who is in a supervisory capacity or
10in a position to take corrective action:
AB379-ASA1,4,1311 1. That the health care facility or health care provider or any employe of the
12health care facility or health care provider has violated any state law or rule or
13federal law or regulation.
AB379-ASA1,4,1914 2. That there exists any situation in which the quality of any health care service
15provided by the health care facility or health care provider or by any employe of the
16health care facility or health care provider violates any standard established by any
17state law or rule or federal law or regulation or any clinical or ethical standard
18established by a professionally recognized accrediting or standard-setting body and
19poses a potential risk to public health or safety.
AB379-ASA1,5,320 (b) An agency or accrediting or standard-setting body that receives a report
21under par. (a) shall, within 5 days after receiving the report, notify the health care
22facility or health provider that is the subject of the report, in writing, that a report
23alleging a violation specified in par. (a) 1. or 2. has been received and provide the
24health care facility or health care provider with a written summary of the contents
25of the report, unless the agency, or accrediting or standard-setting body determines

1that providing that notification and summary would jeopardize an ongoing
2investigation of a violation alleged in the report. The notification and summary may
3not disclose the identity of the person who made the report.
AB379-ASA1,5,64 (c) Any employe of a health care facility or health care provider may initiate,
5participate in or testify in any action or proceeding in which a violation specified in
6par. (a) 1. or 2. is alleged.
AB379-ASA1,5,97 (d) Any employe of a health care facility or health care provider may provide
8any information relating to an alleged violation specified in par. (a) 1. or 2. to any
9legislator or legislative committee.
AB379-ASA1,5,19 10(3) Disciplinary action prohibited. (a) No health care facility or health care
11provider and no employe of a health care facility or health care provider may take
12disciplinary action against, or threaten to take disciplinary action against, any
13person because the person reported in good faith any information under sub. (2) (a),
14in good faith initiated, participated in or testified in any action or proceeding under
15sub. (2) (c) or provided in good faith any information under sub. (2) (d) or because the
16health care facility, health care provider or employe believes that the person reported
17in good faith any information under sub. (2) (a), in good faith initiated, participated
18in or testified in any action or proceeding under sub. (2) (c) or provided in good faith
19any information under sub. (2) (d).
AB379-ASA1,6,4 20(b) No health care facility or health care provider and no employe of a health
21care facility or health care provider may take disciplinary action against, or threaten
22to take disciplinary action against, any person on whose behalf another person
23reported in good faith any information under sub. (2) (a), in good faith initiated,
24participated in or testified in any action or proceeding under sub. (2) (c) or provided
25in good faith any information under sub. (2) (d) or because the health care facility,

1health care provider or employe believes that another person reported in good faith
2any information under sub. (2) (a), in good faith initiated, participated in or testified
3in any action or proceeding under sub. (2) (c) or provided in good faith any
4information under sub. (2) (d) on that person's behalf.
AB379-ASA1,6,105 (c) For purposes of pars. (a) and (b), an employe is not acting in good faith if the
6employe reports any information under sub. (2) (a) that the employe knows or should
7know is false or misleading, initiates, participates in or testifies in any action or
8proceeding under sub. (2) (c) based on information that the employe knows or should
9know is false or misleading or provides any information under sub. (2) (d) that the
10employe knows or should know is false or misleading.
AB379-ASA1,6,16 11(4) Enforcement. (a) Subject to par. (b), any employe of a health care facility
12or health care provider who is subjected to disciplinary action, or who is threatened
13with disciplinary action, in violation of sub. (3) may file a complaint with the
14department under s. 106.06 (6). If the department finds that a violation of sub. (3)
15has been committed, the department may take such action under s. 111.39 as will
16effectuate the purpose of this section.
AB379-ASA1,6,2217 (b) Any employe of a health care facility operated by an agency, as defined in
18s. 111.32 (6) (a), of the state who is subjected to disciplinary action, or who is
19threatened with disciplinary action, in violation of sub. (3) may file a complaint with
20the personnel commission under s. 230.45 (1) (L). If the personnel commission finds
21that a violation of sub. (3) has been committed, the personnel commission may take
22such action under s. 111.39 as will effectuate the purpose of this section.
AB379-ASA1,6,2423 (c) Section 111.322 (2m) applies to a disciplinary action arising in connection
24with any proceeding under par. (a) or (b).
AB379-ASA1,7,8
1(5) Civil penalty. Any health care facility or health care provider and any
2employe of a health care facility or health care provider who takes disciplinary action
3against, or who threatens to take disciplinary action against, any person in violation
4of sub. (3) may be required to forfeit not more than $1,000 for a first violation, not
5more than $5,000 for a violation committed within 12 months of a previous violation
6and not more than $10,000 for a violation committed within 12 months of 2 or more
7previous violations. The 12-month period shall be measured by using the dates of
8the violations that resulted in convictions.
AB379-ASA1,7,13 9(6) Posting of notice. Each health care facility and health care provider shall
10post, in one or more conspicuous places where notices to employes are customarily
11posted, a notice in a form approved by the department setting forth employes' rights
12under this section. Any health care facility or health care provider that violates this
13subsection shall forfeit not more than $100 for each offense.
AB379-ASA1, s. 5 14Section 5. 230.45 (1) (L) of the statutes is created to read:
AB379-ASA1,7,1815 230.45 (1) (L) Receive complaints under s. 146.997 (4) (a) of disciplinary action
16taken in violation of s. 146.997 (3) and, except as provided in sub. (1m), process the
17complaints in the same manner that employment discrimination complaints are
18processed under s. 111.39.
AB379-ASA1, s. 6 19Section 6. Nonstatutory provisions.
AB379-ASA1,7,2420 (1) Employe notification. Within 90 days after the effective date of this
21subsection, each health care facility, as defined in section 146.997 (1) (b) of the
22statutes, as created by this act, and each health care provider, as defined in section
23146.997 (1) (c) of the statutes, as created by this act, shall inform its employes of their
24rights and remedies under this act.
AB379-ASA1, s. 7 25Section 7. Initial applicability.
AB379-ASA1,8,7
1(1) Collective bargaining agreements. This act first applies to an employe of
2a health care facility, as defined in section 146.997 (1) (b) of the statutes, as created
3by this act, or of a health care provider, as defined in section 146.997 (1) (c) of the
4statutes, as created by this act, who is affected by a collective bargaining agreement
5that contains provisions inconsistent with this act on the day on which the collective
6bargaining agreement expires or is extended, modified or renewed, whichever occurs
7first.
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