AB539,37,87 3. The substantial failure or neglect of a fiscal agent to fulfill his or her
8responsibilities.
AB539, s. 88 9Section 88. 50.065 (4m) (a) 3. of the statutes is amended to read:
AB539,37,1310 50.065 (4m) (a) 3. That a unit of government or a state agency, as defined in
11s. 16.61 (2) (d), has made a finding that the person has abused or neglected any client
12or misappropriated the property
committed abuse, neglect, or financial exploitation
13of any client.
AB539, s. 89 14Section 89. 50.065 (4m) (b) 3. of the statutes is amended to read:
AB539,37,1815 50.065 (4m) (b) 3. That a unit of government or a state agency, as defined in
16s. 16.61 (2) (d), has made a finding that the person has abused or neglected any client
17or misappropriated the property
committed abuse, neglect, or financial exploitation
18of any client.
AB539, s. 90 19Section 90. 50.065 (7) (c) of the statutes is amended to read:
AB539,37,2420 50.065 (7) (c) Conduct throughout the state periodic training sessions that
21cover criminal background investigations; reporting and investigating
22misappropriation of property or financial exploitation, abuse, or neglect of a client;
23and any other material that will better enable entities to comply with the
24requirements of this section.
AB539, s. 91 25Section 91. 50.09 (1) (k) of the statutes is amended to read:
AB539,38,11
150.09 (1) (k) Be free from mental and physical abuse, and as defined in s. 46.90
2(1) (a). The resident has a right to
be free from chemical and physical restraints
3except as authorized in writing by a physician for a specified and limited period of
4time and documented in the resident's medical record. Physical restraints may be
5used in an emergency when necessary to protect the resident from injury to himself
6or herself or others or to property. However, authorization for continuing use of the
7physical restraints shall be secured from a physician within 12 hours. Any use of
8physical restraints shall be noted in the resident's medical records. "Physical
9restraints" includes, but is not limited to, any article, device or garment which
10interferes with the free movement of the resident and which the resident is unable
11to remove easily, and confinement in a locked room.
AB539, s. 92 12Section 92. 51.01 (2g) (b) of the statutes is amended to read:
AB539,38,1513 51.01 (2g) (b) "Brain injury" does not include alcoholism, Alzheimer's disease
14as specified under s. 46.87 (1) (a), or the infirmities of aging as specified under s. 55.01
15(3)
degenerative brain disorder, as defined in s. 55.01 (1v).
AB539, s. 93 16Section 93. 51.01 (3g) of the statutes is amended to read:
AB539,39,217 51.01 (3g) "Chronic mental illness" means a mental illness that which is severe
18in degree and persistent in duration, which that causes a substantially diminished
19level of functioning in the primary aspects of daily living and an inability to cope with
20the ordinary demands of life, which that may lead to an inability to maintain stable
21adjustment and independent functioning without long-term treatment and support,
22and which that may be of lifelong duration. "Chronic mental illness" includes
23schizophrenia as well as a wide spectrum of psychotic and other severely disabling
24psychiatric diagnostic categories, but does not include infirmities of aging

1degenerative brain disorder, as defined in s. 55.01 (1v), or a primary diagnosis of
2mental retardation or of alcohol or drug dependence.
AB539, s. 94 3Section 94. 51.01 (5) (a) of the statutes is amended to read:
AB539,39,114 51.01 (5) (a) "Developmental disability" means a disability attributable to
5brain injury, cerebral palsy, epilepsy, autism, Prader-Willi syndrome, mental
6retardation, or another neurological condition closely related to mental retardation
7or requiring treatment similar to that required for mental retardation, which has
8continued or can be expected to continue indefinitely and constitutes a substantial
9handicap to the afflicted individual. "Developmental disability" does not include
10senility which is primarily caused by the process of aging or the infirmities of aging
11degenerative brain disorder, as defined in s. 55.01 (1v).
AB539, s. 95 12Section 95. 51.30 (4) (b) 17. of the statutes is amended to read:
AB539,39,2213 51.30 (4) (b) 17. To the county elder-adult-at-risk agency designated under
14s. 46.90 (2) or other investigating agency under s. 46.90 for the purposes of s. 46.90
15(4) (a) and (5), to the county department, as defined in s. 48.02 (2g), or the sheriff or
16police department for the purposes of s. 48.981 (2) and (3), or to the county protective
17services
adult-at-risk agency designated under s. 55.02 for purposes of s. 55.043.
18The treatment record holder may release treatment record information by initiating
19contact with the county protective services elder-adult-at-risk agency,
20adult-at-risk
agency, or county department, as defined in s. 48.02 (2g), without first
21receiving a request for release of the treatment record from the county protective
22services
elder-adult-at-risk agency, adult-at-risk agency, or county department.
AB539, s. 96 23Section 96. 51.42 (3) (e) of the statutes is amended to read:
AB539,40,1224 51.42 (3) (e) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78
25(2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7), 253.07

1(3) (c) and 938.78 (2) (a), any subunit of a county department of community programs
2or tribal agency acting under this section may exchange confidential information
3about a client, without the informed consent of the client, with any other subunit of
4the same county department of community programs or tribal agency, with a
5resource center, a care management organization, or a family care district, or with
6any person providing services to the client under a purchase of services contract with
7the county department of community programs or tribal agency or with a resource
8center, care management organization, or family care district, if necessary to enable
9an employee or service provider to perform his or her duties, or to enable the county
10department of community programs or tribal agency to coordinate the delivery of
11services to the client. Any agency releasing information under this paragraph shall
12document that a request was received and what information was provided.
AB539, s. 97 13Section 97. 51.437 (4r) (b) of the statutes is amended to read:
AB539,41,314 51.437 (4r) (b) Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83,
1551.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a),
16any subunit of the a county department of developmental disabilities services or
17tribal agency
acting under this section may exchange confidential information about
18a client, without the informed consent of the client, with any other subunit of the
19same county department of developmental disabilities services or tribal agency, with
20a resource center, a care management organization , or a family care district, or with
21any person providing services to the client under a purchase of services contract with
22the county department of developmental disabilities services or tribal agency or with
23a resource center, a care management organization , or a family care district, if
24necessary to enable an employee or service provider to perform his or her duties, or
25to enable the county department of developmental disabilities services or tribal

1agency
to coordinate the delivery of services to the client. Any agency releasing
2information under this paragraph shall document that a request was received and
3what information was provided.
AB539, s. 98 4Section 98. 51.62 (1) (ag) of the statutes is repealed and recreated to read:
AB539,41,55 51.62 (1) (ag) "Abuse" has the meaning given in s. 46.90 (1) (a).
AB539, s. 99 6Section 99. 51.62 (1) (ar) of the statutes is created to read:
AB539,41,77 51.62 (1) (ar) "Financial exploitation" has the meaning given in s. 46.90 (1) (ed).
AB539, s. 100 8Section 100. 51.62 (1) (br) of the statutes is repealed and recreated to read:
AB539,41,99 51.62 (1) (br) "Neglect" has the meaning given in s. 46.90 (1) (f).
AB539, s. 101 10Section 101. 51.62 (3) (a) 2m. of the statutes is amended to read:
AB539,41,1611 51.62 (3) (a) 2m. Have immediate access to any person individual with mental
12illness or developmental disability, regardless of age, who has requested services or
13on whose behalf services have been requested from the protection and advocacy
14agency or concerning whom the protection and advocacy agency has reasonable
15cause to believe that abuse, neglect, financial exploitation, or a violation of rights of
16the individual
has occurred.
AB539, s. 102 17Section 102. 55.001 of the statutes is amended to read:
AB539,42,6 1855.001 Declaration of policy. The legislature recognizes that many citizens
19of the state, because of the infirmities of aging, chronic mental illness, mental
20retardation, other
degenerative brain disorders, developmental disabilities, or like
21incapacities incurred at any age, are in need of protective services. Except as
22provided in s. 49.45 (30m) (a), these services should, to the maximum degree of
23feasibility under programs, services and resources that the county board of
24supervisors is reasonably able to provide within the limits of available state and
25federal funds and of county funds required to be appropriated to match state funds,

1allow the individual the same rights as other citizens, and at the same time protect
2the individual from financial exploitation, abuse , and degrading treatment. This
3chapter is designed to establish those services and assure their availability to all
4persons individuals when in need of them, and to place the least possible restriction
5on personal liberty and exercise of constitutional rights consistent with due process
6and protection from abuse, exploitation and neglect.
AB539, s. 103 7Section 103. 55.01 (1) of the statutes is repealed and recreated to read:
AB539,42,88 55.01 (1) "Abuse" has the meaning given in s. 46.90 (1) (a).
AB539, s. 104 9Section 104. 55.01 (1e) of the statutes is created to read:
AB539,42,1310 55.01 (1e) "Adult at risk" means any adult who has a physical or mental
11condition that substantially impairs his or her ability to care for his or her needs and
12who has experienced, is currently experiencing, or is at risk of experiencing abuse,
13neglect, self-neglect, or financial exploitation.
AB539, s. 105 14Section 105. 55.01 (1f) of the statutes is created to read:
AB539,42,1715 55.01 (1f) "Adult-at-risk agency" means the agency designated by the county
16board of supervisors under s. 55.043 (1) to receive, respond to, and investigate reports
17of abuse, neglect, self-neglect, and financial exploitation under s. 55.043.
AB539, s. 106 18Section 106. 55.01 (1m) of the statutes is amended to read:
AB539,42,1919 55.01 (1m) "Bodily harm" has the meaning given in s. 939.22 (4) 46.90 (1) (aj).
AB539, s. 107 20Section 107. 55.01 (1p) of the statutes is repealed and recreated to read:
AB539,42,2121 55.01 (1p) "Caregiver" has the meaning given in s. 46.90 (1) (an).
AB539, s. 108 22Section 108. 55.01 (1t) of the statutes is repealed.
AB539, s. 109 23Section 109. 55.01 (1v) of the statutes is created to read:
AB539,43,3
155.01 (1v) "Degenerative brain disorder" means the loss or dysfunction of an
2individual's brain cells to the extent that he or she is substantially impaired in his
3or her ability to provide adequately for his or her own care or custody.
AB539, s. 110 4Section 110. 55.01 (2) of the statutes is amended to read:
AB539,43,135 55.01 (2) "Developmentally disabled person" means any individual having a
6disability attributable to mental retardation, cerebral palsy, epilepsy, autism or
7another neurological condition closely related to mental retardation or requiring
8treatment similar to that required for mentally retarded individuals, which has
9continued or can be expected to continue indefinitely, substantially impairs the
10individual from adequately providing for his or her own care or custody, and
11constitutes a substantial handicap to the afflicted individual. The term does not
12include a person an individual affected by senility which is primarily caused by the
13process of aging or the infirmities of aging degenerative brain disorder.
AB539, s. 111 14Section 111. 55.01 (2s) of the statutes is created to read:
AB539,43,1515 55.01 (2s) "Financial exploitation" has the meaning given in s. 46.90 (1) (ed).
AB539, s. 112 16Section 112. 55.01 (3) of the statutes is repealed.
AB539, s. 113 17Section 113. 55.01 (4g) of the statutes is created to read:
AB539,43,1818 55.01 (4g) "Investigative agency" has the meaning given in s. 46.90 (1) (er).
AB539, s. 114 19Section 114. 55.01 (4p) of the statutes is repealed.
AB539, s. 115 20Section 115. 55.01 (4r) of the statutes is repealed and recreated to read:
AB539,43,2121 55.01 (4r) "Neglect" has the meaning given in s. 46.90 (1) (f).
AB539, s. 116 22Section 116. 55.01 (6) of the statutes is created to read:
AB539,43,2323 55.01 (6) "Self-neglect" has the meaning given in s. 46.90 (1) (g).
AB539, s. 117 24Section 117. 55.01 (6d) of the statutes is created to read:
AB539,44,2
155.01 (6d) "State governmental agency" has the meaning given for "agency" in
2s. 16.417 (1) (a).
AB539, s. 118 3Section 118. 55.01 (6g) of the statutes is created to read:
AB539,44,44 55.01 (6g) "State official" has the meaning given in s. 46.90 (1) (gr).
AB539, s. 119 5Section 119. 55.01 (7) of the statutes is repealed.
AB539, s. 120 6Section 120. 55.02 of the statutes is amended to read:
AB539,45,2 755.02 Protective service system; establishment. The department shall
8develop a statewide system of protective service for mentally retarded and other
9developmentally disabled persons, for aged infirm persons, for chronically mentally
10ill persons, and for persons with other like incapacities degenerative brain disorders
11incurred at any age in accordance with rules promulgated by the department. The
12protective service system shall be designed to encourage independent living and to
13avoid protective placement whenever possible. The system shall use the planning
14and advice of agencies, including the county department under s. 46.215, 46.22,
1546.23, 51.42, or 51.437. The chairperson of each county board of supervisors shall
16designate a county department under s. 46.215, 46.22, 51.42, or 51.437 that is
17providing services in his or her county or a joint mechanism of these county
18departments to have the responsibility for local planning for the protective service
19system. The chairperson of the Milwaukee County board of supervisors Each county
20board
shall designate the county department under s. 46.215 an agency to serve as
21the county protective services adult-at-risk agency for purposes of s. 55.043. The
22department and these county departments shall cooperate in developing a
23coordinated system of services. The department shall provide direct services and
24enter into contracts with any responsible public or private agency for provision of
25protective services. In each county, the county department designated under this

1section shall determine the reporting requirements applicable to the county under
2s. 880.38 (3).
AB539, s. 121 3Section 121. 55.043 (title) of the statutes is amended to read:
AB539,45,4 455.043 (title) County protective services Adult-at-risk agency.
AB539, s. 122 5Section 122. 55.043 (1) (title) of the statutes is repealed.
AB539, s. 123 6Section 123. 55.043 (1) (a) (intro.) of the statutes is renumbered 55.043 (1r)
7(a) 1g. and amended to read:
AB539,46,48 55.043 (1r) (a) 1g. If a county protective services Except as otherwise provided,
9if an adult-at-risk
agency has probable cause reason to believe that there is
10misappropriation of property or
an adult at risk has been the subject of abuse,
11financial exploitation,
neglect, or abuse of a vulnerable adult, the county protective
12services
self-neglect, the adult-at-risk agency may conduct an investigation in
13Milwaukee County
respond, including by conducting an investigation, to determine
14if the vulnerable adult in question whether the adult at risk is in need of protective
15services. The county protective services agency shall conduct the investigation in
16accordance with standards established by the department for conducting the
17investigations. The investigation shall include at least one of the following:
If an
18adult-at-risk agency has reason to believe that there is abuse, financial exploitation,
19neglect, or self-neglect of an adult at risk who is a client, as defined in s. 50.065 (1)
20(b), of an entity, as defined in s. 50.065 (1) (c), and if the person suspected of
21perpetrating the alleged abuse, financial exploitation, or neglect is a caregiver or
22nonclient resident of the entity, the adult-at-risk agency shall refer the report
23within 24 hours after the report is received to the department for investigation. The
24department shall coordinate its investigatory efforts with other investigative
25agencies or authorities as appropriate. An adult-at-risk agency's response to or

1another investigative agency's investigation of a report of abuse, financial
2exploitation, neglect, or self-neglect that is not referred to the department shall be
3commenced within 24 hours after a report is received, excluding Saturdays,
4Sundays, and legal holidays.
AB539, s. 124 5Section 124. 55.043 (1) (a) 1. of the statutes is renumbered 55.043 (1r) (b) 2.
6and amended to read:
AB539,46,97 55.043 (1r) (b) 2. Observation of or an interview with the vulnerable adult, in
8private to the extent practicable, and
the adult at risk, with or without consent of his
9or her guardian or agent under an activated power of attorney for health care, if any.
AB539, s. 125 10Section 125. 55.043 (1) (a) 2. of the statutes is renumbered 55.043 (1r) (b) 1.
11and amended to read:
AB539,46,1212 55.043 (1r) (b) 1. A visit to the residence of the vulnerable adult at risk.
AB539, s. 126 13Section 126. 55.043 (1) (a) 3. of the statutes is renumbered 55.043 (1r) (b) 4.
14and amended to read:
AB539,46,1715 55.043 (1r) (b) 4. An interview with the guardian or agent under an activated
16power of attorney for health care
, if any, and with the caretaker, if any, any caregiver
17of the vulnerable adult at risk.
AB539, s. 127 18Section 127. 55.043 (1) (a) 4. of the statutes is renumbered 55.043 (1r) (b) 5.
19and amended to read:
AB539,46,2120 55.043 (1r) (b) 5. A review of the treatment and patient health care records of
21the vulnerable adult at risk.
AB539, s. 128 22Section 128. 55.043 (1) (a) 5. of the statutes is renumbered 55.043 (1r) (b) 6.
23(intro.) and amended to read:
AB539,47,524 55.043 (1r) (b) 6. (intro.) A review of those any financial records, if any, of the
25vulnerable adult at risk that are maintained by the caretaker or landlord a financial

1institution, as defined in s. 705.01 (3); by an entity, as defined in s. 50.065 (1) (c); by
2any caregiver
of the vulnerable adult at risk; or by a member of the immediate family
3of the vulnerable adult, at risk or the caretaker or the landlord. caregiver. The
4records shall be released without informed consent in either of the following
5circumstances:
AB539, s. 129 6Section 129. 55.043 (1) (b) (intro.) of the statutes is renumbered 55.043 (1r)
7(c) (intro.) and amended to read:
AB539,47,108 55.043 (1r) (c) (intro.) The county protective services adult-at-risk agency or
9other investigative agency
may transport the vulnerable adult at risk for
10performance of a medical examination by a physician if any of the following applies:
AB539, s. 130 11Section 130. 55.043 (1) (b) 1. of the statutes is renumbered 55.043 (1r) (c) 1.
12and amended to read:
AB539,47,1513 55.043 (1r) (c) 1. The vulnerable adult at risk or his or her guardian or agent
14under an activated power of attorney for health care
, if any, consents to the
15examination.
AB539, s. 131 16Section 131. 55.043 (1) (b) 2. (intro.) of the statutes is renumbered 55.043 (1r)
17(c) 2. (intro.) and amended to read:
AB539,47,1918 55.043 (1r) (c) 2. (intro.) The vulnerable adult at risk is incapable of consenting
19to the examination and one of the following applies:
AB539, s. 132 20Section 132. 55.043 (1) (b) 2. a. of the statutes is renumbered 55.043 (1r) (c)
212. a. and amended to read:
AB539,47,2322 55.043 (1r) (c) 2. a. The vulnerable adult at risk has no guardian or agent under
23an activated power of attorney for health care
.
AB539, s. 133 24Section 133. 55.043 (1) (b) 2. b. of the statutes is renumbered 55.043 (1r) (c)
252. c. and amended to read:
AB539,48,2
155.043 (1r) (c) 2. c. The vulnerable adult's guardian refuses to consent to the
2examination, but the
examination is authorized by order of a court.
AB539, s. 134 3Section 134. 55.043 (1d) of the statutes is created to read:
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