50.07(1)(e)
(e) Intentionally retaliate or discriminate against any resident or employee for contacting or providing information to any state official, including any representative of the office of the long-term care ombudsman under
s. 16.009 (4), or for initiating, participating in, or testifying in an action for any remedy authorized under this subchapter.
50.07(1)(em)
(em) Intentionally retaliate or discriminate against any resident or employee on whose behalf another person contacted or provided information to any state official, including any representative of the office of the long-term care ombudsman under
s. 16.009 (4), or initiated, participated in or testified in an action for any remedy authorized under this subchapter.
50.07(1)(f)
(f) Intentionally destroy, change or otherwise modify an inspector's original report.
50.07(2)
(2) Violators of this section may be imprisoned up to 6 months or fined not more than $1,000 or both for each violation.
50.07(3)(b)(b) Any employee who is discharged or otherwise retaliated or discriminated against in violation of
sub. (1) (e) or
(em) may file a complaint with the department of workforce development under
s. 106.54 (5).
50.07(3)(c)
(c) Any person not described in
par. (b) who is retaliated or discriminated against in violation of
sub. (1) (e) or
(em) may commence an action in circuit court for damages incurred as a result of the violation.
50.07 Annotation
Sub. (1) (e) does not provide a remedy to a terminated employee and does not prevent a private action for wrongful termination to an employee who reports abuse. There is a public policy exception to the employment-at-will doctrine in this case. Hausman v. St. Croix Care Center, Inc.
214 Wis. 2d 655,
571 N.W.2d 393 (1997),
96-0866.
50.07 Annotation
This section is similar to a patient's bill of rights. Sub. (1) (e) protects both patients and employees. An insurance policy providing coverage to a nursing home for personal injuries interfering with rights provided by a patient's bill of rights was applicable to a wrongful discharge claim alleging interference with the plaintiff's rights under sub. (1) (e). St. Paul Fire and Marine Insurance Co. v. Hausman,
231 Wis. 2d 25,
604 N.W.2d 908 (Ct. App. 1999),
99-1125.
50.08
50.08
Informed consent for psychotropic medications. 50.08(1)(c)
(c) "Person acting on behalf of the resident" means a guardian of the person, as defined in
s. 54.01 (12), or a health care agent, as defined in
s. 155.01 (4).
50.08(1)(d)
(d) "Psychotropic medication" means an antipsychotic, an antidepressant, lithium carbonate, or a tranquilizer.
50.08(2)
(2) A physician, an advanced practice nurse prescriber certified under
s. 441.16 (2), or a physician assistant licensed under
ch. 448, who prescribes a psychotropic medication to a nursing home resident who has degenerative brain disorder shall notify the nursing home if the prescribed medication has a boxed warning under
21 CFR 201.57.
50.08(3)(a)(a) Except as provided in
sub. (3m) or
(4), before administering a psychotropic medication that has a boxed warning under
21 CFR 201.57 to a resident who has degenerative brain disorder, a nursing home shall obtain written informed consent from the resident or, if the resident is incapacitated, a person acting on behalf of the resident, on a form provided by the department under
par. (b) or on a form that contains the same information as the form under
par. (b).
50.08(3)(b)
(b) The department shall make available on its Web site or by mail multiple, drug-specific forms for obtaining informed consent under
par. (a) for the administration of psychotropic medication that contain all of the following:
50.08(3)(b)1.
1. A space for a description of the benefits of the proposed treatment and the way the medication will be administered.
50.08(3)(b)2.
2. A description, using the most recently issued information from the federal food and drug administration, of the side effects or risks of side effects of the medication and any warnings about the medication.
50.08(3)(b)3.
3. A space for a description of any alternative treatment modes or medications.
50.08(3)(b)4.
4. A space for a description of the probable consequences of not receiving the medication.
50.08(3)(b)5.
5. A space for indicating the period for which the informed consent is effective, which shall be no longer than 15 months from the time the consent is given.
50.08(3)(b)6.
6. A statement that the resident or a person acting on behalf of the resident may withdraw informed consent, in writing, at any time.
50.08(3)(b)7.
7. A declaration that the resident or the person acting on behalf of the resident has been provided with specific, complete, and accurate information, and time to study the information or to seek additional information concerning the medication.
50.08(3)(b)8.
8. A space for the signature of the resident or the person acting on behalf of the resident.