146.995(3)
(3) Any person reporting in good faith under
sub. (2), and any inpatient health care facility that employs the person who reports, are immune from all civil and criminal liability that may result because of the report. In any proceeding, the good faith of any person reporting under this section shall be presumed.
146.995(4)
(4) The reporting requirement under
sub. (2) does not apply under any of the following circumstances:
146.995(4)(a)
(a) The patient is accompanied by a law enforcement officer at the time treatment is rendered.
146.995(4)(b)
(b) The patient's name and type of wound or burn injury have been previously reported under
sub. (2).
146.995(4)(c)
(c) The wound is a gunshot wound and appears to have occurred at least 30 days prior to the time of treatment.
146.997
146.997
Health care worker protection. 146.997(1)(a)
(a) "Department" means the department of workforce development.
146.997(1)(c)
(c) "Health care facility" means a facility, as defined in
s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health complex or other place licensed or approved by the department of health and family services under
s. 49.70,
49.71,
49.72,
50.03,
50.35,
51.08 or
51.09 or a facility under
s. 45.365,
51.05,
51.06,
233.40,
233.41,
233.42 or
252.10.
146.997(1)(d)
(d) "Health care provider" means any of the following:
146.997(1)(d)4.
4. A physician, podiatrist, perfusionist, physical therapist, or physical therapist assistant licensed under
ch. 448.
146.997(1)(d)5.
5. An occupational therapist, occupational therapy assistant, physician assistant or respiratory care practitioner certified under
ch. 448.
146.997(1)(d)11.
11. A social worker, marriage and family therapist or professional counselor certified under
ch. 457.
146.997(1)(d)12.
12. A speech-language pathologist or audiologist licensed under
subch. II of ch. 459 or a speech and language pathologist licensed by the department of public instruction.
146.997(1)(d)16.
16. A corporation or limited liability company of any providers specified under
subds. 1. to
14. that provides health care services.
146.997(1)(d)17.
17. An operational cooperative sickness care plan organized under
ss. 185.981 to
185.985 that directly provides services through salaried employees in its own facility.
146.997(2)(a)(a) Any employee of a health care facility or of a health care provider who is aware of any information, the disclosure of which is not expressly prohibited by any state law or rule or any federal law or regulation, that would lead a reasonable person to believe any of the following may report that information to any agency, as defined in
s. 111.32 (6) (a), of the state; to any professionally recognized accrediting or standard-setting body that has accredited, certified or otherwise approved the health care facility or health care provider; to any officer or director of the health care facility or health care provider; or to any employee of the health care facility or health care provider who is in a supervisory capacity or in a position to take corrective action:
146.997(2)(a)1.
1. That the health care facility or health care provider or any employee of the health care facility or health care provider has violated any state law or rule or federal law or regulation.
146.997(2)(a)2.
2. That there exists any situation in which the quality of any health care service provided by the health care facility or health care provider or by any employee of the health care facility or health care provider violates any standard established by any state law or rule or federal law or regulation or any clinical or ethical standard established by a professionally recognized accrediting or standard-setting body and poses a potential risk to public health or safety.
146.997(2)(b)
(b) An agency or accrediting or standard-setting body that receives a report under
par. (a) shall, within 5 days after receiving the report, notify the health care facility or health provider that is the subject of the report, in writing, that a report alleging a violation specified in
par. (a) 1. or
2. has been received and provide the health care facility or health care provider with a written summary of the contents of the report, unless the agency, or accrediting or standard-setting body determines that providing that notification and summary would jeopardize an ongoing investigation of a violation alleged in the report. The notification and summary may not disclose the identity of the person who made the report.
146.997(2)(c)
(c) Any employee of a health care facility or health care provider may initiate, participate in or testify in any action or proceeding in which a violation specified in
par. (a) 1. or
2. is alleged.
146.997(2)(d)
(d) Any employee of a health care facility or health care provider may provide any information relating to an alleged violation specified in
par. (a) 1. or
2. to any legislator or legislative committee.
146.997(3)(a)(a) No health care facility or health care provider and no employee of a health care facility or health care provider may take disciplinary action against, or threaten to take disciplinary action against, any person because the person reported in good faith any information under
sub. (2) (a), in good faith initiated, participated in or testified in any action or proceeding under
sub. (2) (c) or provided in good faith any information under
sub. (2) (d) or because the health care facility, health care provider or employee believes that the person reported in good faith any information under
sub. (2) (a), in good faith initiated, participated in or testified in any action or proceeding under
sub. (2) (c) or provided in good faith any information under
sub. (2) (d).
146.997(3)(b)
(b) No health care facility or health care provider and no employee of a health care facility or health care provider may take disciplinary action against, or threaten to take disciplinary action against, any person on whose behalf another person reported in good faith any information under
sub. (2) (a), in good faith initiated, participated in or testified in any action or proceeding under
sub. (2) (c) or provided in good faith any information under
sub. (2) (d) or because the health care facility, health care provider or employee believes that another person reported in good faith any information under
sub. (2) (a), in good faith initiated, participated in or testified in any action or proceeding under
sub. (2) (c) or provided in good faith any information under
sub. (2) (d) on that person's behalf.
146.997(3)(c)
(c) For purposes of
pars. (a) and
(b), an employee is not acting in good faith if the employee reports any information under
sub. (2) (a) that the employee knows or should know is false or misleading, initiates, participates in or testifies in any action or proceeding under
sub. (2) (c) based on information that the employee knows or should know is false or misleading or provides any information under
sub. (2) (d) that the employee knows or should know is false or misleading.
146.997(4)(a)(a) Any employee of a health care facility or health care provider who is subjected to disciplinary action, or who is threatened with disciplinary action, in violation of
sub. (3) may file a complaint with the department under
s. 106.54 (6). If the department finds that a violation of
sub. (3) has been committed, the department may take such action under
s. 111.39 as will effectuate the purpose of this section.
146.997(5)
(5) Civil penalty. Any health care facility or health care provider and any employee of a health care facility or health care provider who takes disciplinary action against, or who threatens to take disciplinary action against, any person in violation of
sub. (3) may be required to forfeit not more than $1,000 for a first violation, not more than $5,000 for a violation committed within 12 months of a previous violation and not more than $10,000 for a violation committed within 12 months of 2 or more previous violations. The 12-month period shall be measured by using the dates of the violations that resulted in convictions.
146.997(6)
(6) Posting of notice. Each health care facility and health care provider shall post, in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the department setting forth employees' rights under this section. Any health care facility or health care provider that violates this subsection shall forfeit not more than $100 for each offense.
146.997 Annotation
Wisconsin Health Care Workers: Whistleblowers Protection. Neuser. Wis. Law. March 2004.
