50.065 Criminal history and patient abuse record search.

2,501 words·~11 min read·/wi/chapter-50/50-065

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)In this section:

1. “Caregiver” means any of the following:

a. A person who is, or is expected to be, an employee or contractor of an entity, who is or is expected to be under the control of an entity, as defined by the department by rule, and who has, or is expected to have, regular, direct contact with clients of the entity.

b. A person who has, or is seeking, a license, certification, registration, or certificate of approval issued or granted by the department to operate an entity.

c. A person who is, or is expected to be, an employee of the board on aging and long-term care and who has, or is expected to have, regular, direct contact with clients.

2. “Caregiver” does not include a person who is certified as an emergency medical services practitioner under s. 256.15 if the person is employed, or seeking employment, as an emergency medical services practitioner and does not include a person who is certified as an emergency medical responder under s. 256.15 if the person is employed, or seeking employment, as an emergency medical responder.

(am)“Certificate of approval” means a certificate of approval issued under s. 50.35 .

(b)“Client” means a person who receives direct care or treatment services from an entity.

(bm)“Contractor” means, with respect to an entity, a person, or that person’s agent, who provides services to the entity under an express or implied contract or subcontract, including a person who has staff privileges at the entity.

(br)“Direct contact” means face-to-face physical proximity to a client that affords the opportunity to commit abuse or neglect of a client or to misappropriate the property of a client.

(c)“Entity” means a facility, organization or service that is licensed or certified by or registered with the department to provide direct care or treatment services to clients; or an agency that employs or contracts with an individual to provide personal care services. “Entity” includes a hospital, a home health agency licensed under s. 50.49 , a temporary employment agency that provides caregivers to another entity, and the board on aging and long-term care. “Entity” does not include any of the following:

1. Licensed or certified child care under ch. 48 .

2. Kinship care under s. 48.57

(3m)or long-term kinship care under s. 48.57

(3n).

3. A person certified as a medical assistance provider, as defined in s. 49.43

(10), who is not otherwise approved under par.

(cm), licensed or certified by or registered with the department.

4. An entity, as defined in s. 48.685

(b).

6. A public health dispensary established under s. 252.10 .

(cm)“Hospital” means a facility approved as a hospital under s. 50.35 .

(cn)“Nonclient resident” means a person who resides, or is expected to reside, at an entity, who is not a client of the entity and who has, or is expected to have, regular, direct contact with clients of the entity.

(cr)“Personal care services” means any of the following:

1. Assistance with any of the following activities of daily living:

a. Eating.

b. Bathing.

c. Grooming.

d. Dressing.

e. Transferring.

f. Toileting.

2. Assistance with the following activities incidental to activities of daily living under subd. 1. :

a. Meal preparation.

b. Food purchasing.

c. Changing or laundering of a client’s linens or clothing.

d. Routine care of vision or hearing aids.

e. Light cleaning in areas of the residence that are used during provision of services under subd. 1. or under subd. 2. a. to d.

(dm)“Reservation” means land in this state within the boundaries of a reservation of a tribe or within the bureau of Indian affairs service area for the Ho-Chunk Nation.

1. “Serious crime” means a violation of s. 940.19

(3), 1999 stats., s. 940.19

(2), 2023 stats., s. 940.19

(4), 2023 stats., s. 940.19

(5), 2023 stats., s. 940.19

(6), 2023 stats., or s. 940.198

(2), 2023 stats., a violation of s. 940.01 , 940.02 , 940.03 , 940.05 , 940.12 , 940.22

(2)or

(3), 940.225

(1),

(2)or

(3), 940.285

(2), 940.29 , 940.295 , 940.60

(2)or

(a),

(b), or

(c), 940.66

(2), 948.02

(1), 948.025 or 948.03

(a)or

(a)1. , 2. , or 3. , or a violation of the law of any other state or United States jurisdiction that would be a violation of s. 940.19

(3), 1999 stats., s. 940.19

(2), 2023 stats., s. 940.19

(4), 2023 stats., s. 940.19

(5), 2023 stats., s. 940.19

(6), 2023 stats., or s. 940.198

(2), 2023 stats., or a violation of s. 940.01 , 940.02 , 940.03 , 940.05 , 940.12 , 940.22

(2)or

(3), 940.225

(1),

(2)or

(3), 940.285

(2), 940.29 , 940.295 , 940.60

(2)or

(a),

(b), or

(c), 940.66

(2), 948.02

(1), 948.025 or 948.03

(a)or

(a)1. , 2. , or 3. if committed in this state.

2. For the purposes of an entity that serves persons under the age of 18, “serious crime” includes a violation of s. 948.02

(2), 948.03

(b)or

(c)or

(a)4. , 948.05 , 948.051 , 948.055 , 948.06 , 948.07 , 948.072 , 948.08 , 948.085 , 948.11

(a)or

(am), 948.12 , 948.125 , 948.13 , 948.21

(2), 948.215 , 948.30 , or 948.53 or a violation of the law of any other state or United States jurisdiction that would be a violation of s. 948.02

(2), 948.03

(b)or

(c)or

(a)4. , 948.05 , 948.051 , 948.055 , 948.06 , 948.07 , 948.072 , 948.08 , 948.085 , 948.11

(a)or

(am), 948.12 , 948.125 , 948.13 , 948.21

(2), 948.30 , or 948.53 if committed in this state.

(g)“Tribe” means a federally recognized American Indian tribe or band in this state.

(am)The department shall obtain all of the following with respect to a person specified under sub.

(ag)1. b. and a person who is a nonclient resident or prospective nonclient resident of an entity:

1. A criminal history search from the records maintained by the department of justice.

2. Information that is contained in the registry under s. 146.40

(4g)regarding any findings against the person.

3. Information maintained by the department of safety and professional services regarding the status of the person’s credentials, if applicable.

4. Information maintained by the department regarding any final determination under s. 48.981

5. Information maintained by the department under this section regarding any denial to the person of a license, certification, certificate of approval or registration or of a continuation of a license, certification, certificate of approval or registration to operate an entity for a reason specified in sub.

(a)1. to 5. and regarding any denial to the person of employment at, a contract with or permission to reside at an entity for a reason specified in sub.

(b)1. to 5. If the information obtained under this subdivision indicates that the person has been denied a license, certification, certificate of approval or registration, continuation of a license, certification, certificate of approval or registration, a contract, employment or permission to reside as described in this subdivision, the department need not obtain the information specified in subds. 1. to 4.

(b)Every entity shall obtain all of the following with respect to a caregiver of the entity:

1. A criminal history search from the records maintained by the department of justice.

2. Information that is contained in the registry under s. 146.40

(4g)regarding any findings against the person.

3. Information maintained by the department of safety and professional services regarding the status of the person’s credentials, if applicable.

4. Information maintained by the department regarding any final determination under s. 48.981

(a)1. to 5. and regarding any denial to the person of employment at, a contract with or permission to reside at an entity for a reason specified in sub.

(b)1. to 5. If the information obtained under this subdivision indicates that the person has been denied a license, certification, certificate of approval or registration, continuation of a license, certification, certificate of approval or registration, a contract, employment or permission to reside as described in this subdivision, the entity need not obtain the information specified in subds. 1. to 4.

(bb)If information obtained under par.

(am)or

(b)indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department or entity shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background information form under sub.

(a)or

(am), or any disclosure made pursuant to a disclosure policy described under sub.

(am), indicates a charge or a conviction of a serious crime, but information obtained under par.

(am)or

(b)does not indicate such a charge or conviction, the department or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under par.

(am)or

(b), a background information form under sub.

(a)or

(am), any disclosure made pursuant to a disclosure policy described under sub.

(am), or any other information indicates a conviction of a violation of s. 940.19

(1), 2023 stats., s. 940.195 , 2023 stats., s. 940.20 , 2023 stats., or s. 940.204 , 2023 stats., or s. 940.60

(1), 940.61 , 940.62 , 940.65 , 941.30 , 942.08 , 947.01

(1), 947.013 , or 947.016

(1),

(2), or

(3)obtained not more than 5 years before the date on which that information was obtained, the department or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.

(bd)Notwithstanding pars.

(am)and

(b)1. , the department is not required to obtain the information specified in par.

(am)1. to 5. , and an entity is not required to obtain the information specified in par.

(b)1. to 5. , with respect to a person under 18 years of age whose background information form under sub.

(am), or whose response or lack of response to a disclosure policy described under sub.

(am), indicates that the person is not ineligible to be employed, contracted with or permitted to reside at an entity for a reason specified in sub.

(b)1. to 5. and with respect to whom the department or entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with or permitted to reside at an entity for any of those reasons. This paragraph does not preclude the department from obtaining, at its discretion, the information specified in par.

(am)1. to 5. with respect to a person described in this paragraph who is a nonclient resident or a prospective nonclient resident of an entity.

(bg)If an entity hires or contracts with a caregiver for whom, within the last 4 years, the information required under par.

(b)1. to 3. and 5. has already been obtained by another entity, the entity may obtain that information from that other entity, which, notwithstanding par.

(br), shall provide the information, if possible, to the requesting entity. If an entity cannot obtain the information required under par.

(b)1. to 3. and 5. from another entity or if an entity has reasonable grounds to believe that any information obtained from another entity is no longer accurate, the entity shall obtain that information from the sources specified in par.

(b)1. to 3. and 5.

(bm)If the person who is the subject of the search under par.

(am)or

(b)is not a resident of this state, or if at any time within the 3 years preceding the date of the search that person has not been a resident of this state, or if the department or entity determines that the person’s employment, licensing or state court records provide a reasonable basis for further investigation, the department or entity shall make a good faith effort to obtain from any state or other United States jurisdiction in which the person is a resident or was a resident within the 3 years preceding the date of the search information that is equivalent to the information specified in par.

(am)1. or

(b)1. The department or entity may require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person’s fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.

1. Except as provided in subd. 2. , an entity that receives information regarding the arrest or conviction of a caregiver from the federal bureau of investigation in connection with a criminal history search under this section may use the information only to determine whether the caregiver’s arrest or conviction record disqualifies him or her from serving as a caregiver. An entity is immune from civil liability to a caregiver for using arrest or conviction information provided by the federal bureau of investigation to make an employment determination regarding the caregiver.

2. Subdivision 1. does not apply to use by an entity of arrest or conviction information that the entity requests from the federal bureau of investigation after September 30, 2007.

(d)Every entity shall maintain, or shall contract with another person to maintain, the most recent background information obtained on a caregiver under par.

(b). The information shall be made available for inspection by authorized persons, as defined by the department by rule.