AB539: Bill Text

AB539,13,1 1. Physical abuse.

AB539,13,2 2. Emotional abuse.

AB539,13,3 3. Sexual abuse.

AB539,13,4 4. Treatment without consent.

AB539,13,5 5. Unreasonable confinement or restraint.

AB539, s. 11 Section 11. 46.90 (1) (aj) of the statutes is created to read:

AB539,13,8 46.90 (1) (aj) "Bodily harm" means physical pain or injury, illness, or any impairment of physical condition.

AB539, s. 12 Section 12. 46.90 (1) (an) of the statutes is created to read:

AB539,13,12 46.90 (1) (an) "Caregiver" means a person who has assumed responsibility for all or a portion of an individual's care voluntarily, by contract, or by agreement, including a person acting or claiming to act as a legal guardian.

AB539, s. 13 Section 13. 46.90 (1) (b) of the statutes is repealed.

AB539, s. 14 Section 14. 46.90 (1) (br) of the statutes is created to read:

AB539,13,17 46.90 (1) (br) "Elder adult at risk" means any person age 60 or older who has experienced, is currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial exploitation.

AB539, s. 15 Section 15. 46.90 (1) (bt) of the statutes is created to read:

AB539,13,21 46.90 (1) (bt) "Elder-adult-at-risk agency" means the agency designated by the county board of supervisors under sub. (2) to receive, respond to, and investigate reports of abuse, neglect, self-neglect, and financial exploitation under sub. (4).

AB539, s. 16 Section 16. 46.90 (1) (c) of the statutes is repealed.

AB539, s. 17 Section 17. 46.90 (1) (cm) of the statutes is created to read:

AB539,14,3 46.90 (1) (cm) "Emotional abuse" means language or behavior that serves no legitimate purpose and is intended to be intimidating, humiliating, threatening, frightening, or otherwise harassing, and that does or reasonably could intimidate, humiliate, threaten, frighten, or otherwise harass the individual to whom the conduct or language is directed.

AB539, s. 18 Section 18. 46.90 (1) (d) of the statutes is repealed.

AB539, s. 19 Section 19. 46.90 (1) (e) of the statutes is repealed.

AB539, s. 20 Section 20. 46.90 (1) (ed) of the statutes is created to read:

AB539,14,7 46.90 (1) (ed) "Financial exploitation" means any of the following:

AB539,14,11 1. Obtaining an individual's money or property by deceiving or enticing the individual, or by forcing, compelling, or coercing the individual to give, sell at less than fair market value, or in other ways convey money or property against his or her will without his or her informed consent.

AB539,14,12 2. Theft, as prohibited in s. 943.20.

AB539,14,14 3. The substantial failure or neglect of a fiscal agent to fulfill his or her responsibilities.

AB539, s. 21 Section 21. 46.90 (1) (eg) of the statutes is created to read:

AB539,14,16 46.90 (1) (eg) "Fiscal agent" includes any of the following:

AB539,14,17 1. A guardian of the estate appointed under s. 880.03.

AB539,14,18 2. A conservator appointed under s. 880.31.

AB539,14,19 3. An agent under a financial power of attorney under s. 243.07.

AB539,14,20 4. A representative payee under 20 CFR 416.635.

AB539,14,21 5. A conservatorship under the U.S. department of veterans affairs.

AB539, s. 22 Section 22. 46.90 (1) (er) of the statutes is created to read:

AB539,15,2 46.90 (1) (er) "Investigative agency" means a law enforcement or a city, town, village, county, or state governmental agency or unit with functions relating to protecting health, welfare, safety, or property, including an agency concerned with animal protection, public health, building code enforcement, consumer protection, or insurance or financial institution regulation.

AB539, s. 23 Section 23. 46.90 (1) (f) of the statutes is repealed and recreated to read:

AB539,15,12 46.90 (1) (f) "Neglect" means the failure of a caregiver, as evidenced by an act, omission, or course of conduct, to endeavor to secure or maintain adequate care, services, or supervision for an individual, including food, clothing, shelter, or physical or mental health care, and creating significant risk or danger to the individual's physical or mental health. "Neglect" does not include a decision that is made to not seek medical care for an individual, if that decision is consistent with the individual's previously executed declaration or do-not-resuscitate order under ch. 154, a power of attorney for health care under ch. 155, or as otherwise authorized by law.

AB539, s. 24 Section 24. 46.90 (1) (fg) of the statutes is created to read:

AB539,15,15 46.90 (1) (fg) "Physical abuse" means the intentional or reckless infliction of bodily harm.

AB539, s. 25 Section 25. 46.90 (1) (g) of the statutes is amended to read:

AB539,15,20 46.90 (1) (g) "Self-neglect" means a significant danger to an elder person's individual's physical or mental health because the elder person individual is responsible for his or her own care but is unable fails to provide obtain adequate care, including food, shelter, clothing, or medical or dental care.

AB539, s. 26 Section 26. 46.90 (1) (gd) of the statutes is created to read:

AB539,15,22 46.90 (1) (gd) "Sexual abuse" means a violation of s. 940.225 (1), (2), (3), or (3m).

AB539, s. 27 Section 27. 46.90 (1) (gf) of the statutes is created to read:

AB539,15,25 46.90 (1) (gf) "State governmental agency" has the meaning given for "agency" in s. 16.417 (1) (a).

AB539, s. 28 Section 28. 46.90 (1) (gr) of the statutes is created to read:

AB539,16,3 46.90 (1) (gr) "State official" means any law enforcement officer employed by the state or an employee of one of the following:

AB539,16,4 1. The department of health and family services.

AB539,16,5 2. The department of justice.

AB539,16,6 3. The department of regulation and licensing.

AB539,16,7 4. The board on aging and long-term care.

AB539,16,9 5. A state governmental agency other than those specified in subds. 1. to 4. with functions relating to protecting health and safety.

AB539, s. 29 Section 29. 46.90 (1) (h) of the statutes is created to read:

AB539,16,15 46.90 (1) (h) "Treatment without consent" means the administration of medication to an individual who has not provided informed consent, or the performance of psychosurgery, electroconvulsive therapy, or experimental research on an individual who has not provided informed consent, with the knowledge that no lawful authority exists for the administration or performance.

AB539, s. 30 Section 30. 46.90 (1) (i) of the statutes is created to read:

AB539,16,23 46.90 (1) (i) "Unreasonable confinement or restraint" includes the intentional and unreasonable confinement of an individual in a locked room, involuntary separation of an individual from his or her living area, use on an individual of physical restraining devices, or the provision of unnecessary or excessive medication to an individual, but does not include the use of these methods or devices in entities regulated by the department if the methods or devices are employed in conformance with state and federal standards governing confinement and restraint.

AB539, s. 31 Section 31. 46.90 (2) of the statutes is amended to read:

AB539,17,3 46.90 (2) County Elder-adult-at-risk agency designation. Each county board shall designate an agency in the county as the county elder-adult-at-risk agency for the purposes of this section.

AB539, s. 32 Section 32. 46.90 (3) (title) of the statutes is amended to read:

AB539,17,5 46.90 (3) (title) County Elder-adult-at-risk agency duties.

AB539, s. 33 Section 33. 46.90 (3) (a), (b) and (c) of the statutes are amended to read:

AB539,17,17 46.90 (3) (a) Each county elder-adult-at-risk agency shall develop a policy for notifying other investigative agencies, including law enforcement officials in appropriate cases, and shall establish an elder abuse reporting system to carry out the purposes of this section. Each county elder-adult-at-risk agency shall enter into a memorandum of understanding regarding the operation of the system with the county department under s. 46.215 or 46.22 and with any private or public agency, including a county department under s. 51.42 or 51.437, within the county that is participating in the elder abuse reporting system. The memorandum of understanding shall, at a minimum, identify the agencies that are responsible for the investigation of reports of abuse, material abuse financial exploitation, neglect, or self-neglect of elder adults at risk and for the provision of specific direct services.

AB539,17,20 (b) Each county elder-adult-at-risk agency shall receive reports of abuse, material abuse financial exploitation, neglect, or self-neglect of elder persons adults at risk.

AB539,18,2 (c) Each county elder-adult-at-risk agency shall publicize the existence of an elder abuse reporting system in the county and shall provide a publicized telephone number which that can be used by persons wishing to report suspected cases of abuse, material abuse financial exploitation, neglect, or self-neglect of elder adults at risk. Each elder-adult-at-risk agency shall also provide a telephone number that can be used to make reports after the elder-adult-at-risk agency's regular business hours.

AB539, s. 34 Section 34. 46.90 (4) (a) 1. of the statutes is renumbered 46.90 (4) (ar) and amended to read:

AB539,18,15 46.90 (4) (ar) Any person, including an attorney or a person working under the supervision of an attorney, may report to the county agency or to any state official, including any representative of the office of the long-term care ombudsman under s. 16.009 (4), department, the elder-adult-at-risk agency, a state or local law enforcement agency, the department, or the board on aging and long-term care that he or she believes that abuse, material abuse or financial exploitation, neglect, or self-neglect of an elder adult at risk has occurred if the person is aware of facts or circumstances that would lead a reasonable person to believe or suspect that abuse, material abuse or financial exploitation, neglect, or self-neglect of an elder adult at risk has occurred. The person shall indicate the facts and circumstances of the situation as part of the report.

AB539, s. 35 Section 35. 46.90 (4) (a) 2. of the statutes is repealed.

AB539, s. 36 Section 36. 46.90 (4) (ab) of the statutes is created to read:

AB539,18,18 46.90 (4) (ab) The following persons shall file reports as specified in par. (ad):

AB539,18,20 1. An employee of any entity that is licensed, certified, or approved by or registered with the department.

AB539,18,21 2. An employee of a financial institution, as defined in s. 705.01 (3).

AB539,18,22 3. A health care provider, as defined in s. 155.01 (7).

AB539,18,24 4. A social worker, professional counselor, or marriage and family therapist certified under ch. 457.

AB539, s. 37 Section 37. 46.90 (4) (ad) of the statutes is created to read:

AB539,19,6 46.90 (4) (ad) Except as provided in par. (ae), a person specified in par. (ab) who has seen an elder adult at risk in the course of the person's professional duties shall file a report with the county department, the elder-adult-at-risk agency, a state or local law enforcement agency, the department, or the board on aging and long-term care if the elder adult at risk has requested the person to make the report, or if the person has reasonable cause to believe that any of the following situations exist:

AB539,19,9 1. The elder adult at risk is at imminent risk of serious bodily harm, death, sexual assault, or significant property loss and is unable to make an informed judgment about whether to report the risk.

AB539,19,12 2. An elder adult at risk other than the subject of the report is at risk of serious bodily harm, death, sexual assault, or significant property loss inflicted by a suspected perpetrator.

AB539, s. 38 Section 38. 46.90 (4) (ae) of the statutes is created to read:

AB539,19,18 46.90 (4) (ae) A person specified in par. (ab) is not required to file a report as provided in par. (ad) if the person believes that filing a report would not be in the best interest of the elder adult at risk. If the person so believes, the person shall document the reasons for this belief in the case file that the person maintains on the elder adult at risk.

AB539, s. 39 Section 39. 46.90 (4) (b) 1. b. of the statutes is amended to read:

AB539,19,22 46.90 (4) (b) 1. b. No person may discharge or otherwise retaliate or discriminate against any person individual on whose behalf another person has reported in good faith under this subsection.

AB539, s. 40 Section 40. 46.90 (4) (b) 1. c. of the statutes is renumbered 46.90 (9) (d) and amended to read:

AB539,20,3 46.90 (9) (d) Any person who violates this subdivision sub. (4) (b) 1. may be fined not more than $1,000 $10,000 or imprisoned for not more than 6 months or both.

AB539, s. 41 Section 41. 46.90 (4) (b) 1. cm. of the statutes is created to read:

AB539,20,10 46.90 (4) (b) 1. cm. Any discharge of a person or act of retaliation or discrimination that is taken against a person who makes a report under this subsection, within 120 days after the report is made, establishes a rebuttable presumption that the discharge or act is made in response to the report. This presumption may be rebutted by a preponderance of evidence that the discharge or act was not made in response to the report.

AB539, s. 42 Section 42. 46.90 (4) (b) 2. c. of the statutes is amended to read:

AB539,20,14 46.90 (4) (b) 2. c. Any person not described in subd. 2. b. who is retaliated or discriminated against in violation of subd. 1. a. or b. may commence an action in circuit court for damages incurred as a result of the violation.

AB539, s. 43 Section 43. 46.90 (4) (c) of the statutes is amended to read:

AB539,20,20 46.90 (4) (c) No person may be held civilly or criminally liable or be found guilty of unprofessional conduct for reporting in good faith under this subsection and within the scope of his or her authority, or for filing a report with an agency not listed in par. (ad) (intro.) or (ar) if the person had a good faith belief that the report was filed correctly with one of the listed agencies.

AB539, s. 44 Section 44. 46.90 (4) (d) of the statutes is amended to read:

AB539,20,24 46.90 (4) (d) If a report under par. (a) (ad) or (ar) is made to a state official, the state official shall refer the report to the appropriate county elder-adult-at-risk agency.