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(3) (a) 3.
Abuses Except as provided in par. (am), abuses, with
7negligence, or neglects a patient or a resident.
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(3) (am) Paragraph (a) 3. does not apply to a health care provider
10acting in the scope of his or her practice or employment who commits an act or
11omission of mere inefficiency, unsatisfactory conduct, or failure in good performance
12as the result of inability, incapacity, inadvertency, ordinary negligence, or good faith
13error in judgment or discretion.".