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LRB-3235/1
TJD:ahe
2017 - 2018 LEGISLATURE
May 19, 2017 - Introduced by Committee on Health. Referred to Committee on
Health.
AB336,1,3 1An Act relating to: elimination of rules related to the Department of Children
2and Families from the Department of Health Services' rules regarding
3caregiver background checks.
Analysis by the Legislative Reference Bureau
This bill removes from the Department of Health Services' code chapter
regarding caregiver background checks the references pertaining only to the
Department of Children and Families and makes technical changes. DCF
promulgated its own rules regarding caregiver background checks for facilities
regulated by it.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB336,1 4Section 1. DHS 12.01 of the administrative code is amended to read:
AB336,2,6 5DHS 12.01 Authority and purpose. This chapter is promulgated under the
6authority of s. 48.685 (1) (ag) 1. a., (2) (d), (4), (5) (a), (6) (b) and (c), Stats.; and s.
750.065 (1) (ag) 1. a., (2) (d), (4), (5), (6) (b) and (c), Stats. ;, and s. 227.11 (2), Stats., to
8protect from harm clients served by department-regulated programs , children

1placed in foster homes licensed by county departments of social or human services
2or private child-placing agencies or children who are being adopted, and children
3served in day care programs contracted by local school boards under s. 120.13 (14),
4Stats.,
by requiring uniform background information screening of persons regulated
5and persons who are employees of or under contract to regulated entities or who are
6nonclient residents of regulated entities.
AB336,2 7Section 2. DHS 12.02 (1) (a) of the administrative code is amended to read:
AB336,2,168 DHS 12.02 (1) (a) Persons and agencies affected. This chapter applies to the
9department; to applicants for regulatory approval from the department; and to
10persons, agencies and entities that have received regulatory approval from the
11department; to county department and child-placing agencies that license foster
12homes and approve applications for adoption home studies; to foster home license
13applicants and licensees and applicants for an adoption home study; to school boards
14that establish or contract for daycare programs under s. 120.13 (14), Stats., and to
15applicants and persons under contract to a school board to operate a day care
16program under s. 120.13 (14), Stats
.
AB336,3 17Section 3. DHS 12.03 (1) of the administrative code is repealed.
AB336,4 18Section 4. DHS 12.03 (2) of the administrative code is amended to read:
AB336,2,2119 DHS 12.03 (2) “Agency" means the department , or a county department or a
20school board or a child welfare agency licensed under s. 48.60, Stats., as a
21child-placing agency
.
AB336,5 22Section 5. DHS 12.03 (5) of the administrative code is repealed and recreated
23to read:
AB336,2,2424 DHS 12.03 (5) (a) “Caregiver" means any of the following:
AB336,3,4
11. A person who is, or is expected to be, an employee or contractor of an entity,
2who is or is expected to be under the control of an entity, as defined by the department
3by rule, and who has, or is expected to have, regular, direct contact with clients of the
4entity.
AB336,3,65 2. A person who has, or is seeking, a license, certification, registration, or
6certificate of approval issued or granted by the department to operate an entity.
AB336,3,97 3. A person who is, or is expected to be, an employee of the board on aging and
8long-term care and who has, or is expected to have, regular, direct contact with
9clients.
AB336,3,1410 (b) “Caregiver" does not include a person who is certified as an emergency
11medical technician under s. 256.15, Stats., if the person is employed, or seeking
12employment, as an emergency medical technician and does not include a person who
13is certified as a first responder under s. 256.15, Stats., if the person is employed, or
14seeking employment, as a first responder.
AB336,6 15Section 6. DHS 12.03 (6) of the administrative code is amended to read:
AB336,3,1816 DHS 12.03 (6) “Client" means a person who receives direct care or treatment
17services from an entity. For the purposes of this chapter, "client" includes an adopted
18child for whom an adoption assistance payment is being made under s. 48.975, Stats.
AB336,7 19Section 7. DHS 12.03 (7) of the administrative code is amended to read:
AB336,3,2120 DHS 12.03 (7) “Contractor" has the meaning specified in ss. 48.685 (1) (ar) and
21s. 50.065 (1) (bm), Stats.
AB336,8 22Section 8. DHS 12.03 (10) of the administrative code is amended to read:
AB336,3,2423 DHS 12.03 (10) “Direct contact" has the meaning specified in ss. 48.685 (1) (ar)
24and
s. 50.065 (1) (br), Stats.
AB336,9 25Section 9. DHS 12.03 (11) of the administrative code is amended to read:
AB336,4,2
1DHS 12.03 (11) “Entity" has the meaning specified in s. 48.685 (1) (b) or 50.065
2(1) (c), Stats., whichever is applicable.
AB336,10 3Section 10. DHS 12.03 (12) of the administrative code is repealed.
AB336,11 4Section 11. DHS 12.03 (14) of the administrative code is amended to read:
AB336,4,65 DHS 12.03 (14) “Nonclient resident" has the meaning specified in ss. 48.685
6(1) (bm) and
s. 50.065 (1) (cn), Stats.
AB336,12 7Section 12. DHS 12.03 (17) (intro.) and (b) of the administrative code are
8consolidated, renumbered DHS 12.03 (17) and amended to read:
AB336,4,129 DHS 12.03 (17) “Regulatory approval" means : (b) For purposes of s. 50.065,
10Stats.,
issuance by the department of an entity license, certification, certificate of
11approval or registration, or approval by the department of the continuation of an
12entity license, certification, certificate of approval or registration.
AB336,13 13Section 13. DHS 12.03 (17) (a) of the administrative code is repealed.
AB336,14 14Section 14. DHS 12.03 (18) of the administrative code is amended to read:
AB336,4,1815 DHS 12.03 (18) “Rehabilitation review" refers to an agency or tribal process
16where a person who is eligible under s. 48.685 (5) (a) or 50.065 (5), Stats., may seek
17the removal of a bar from regulatory approval, from employment as a caregiver at
18or contracting with an entity, or from residency at an entity.
AB336,15 19Section 15. DHS 12.03 (19) of the administrative code is repealed.
AB336,16 20Section 16. DHS 12.03 (20) of the administrative code is amended to read:
AB336,4,2221 DHS 12.03 (20) “Serious crime" has the meaning specified in s. 48.685 (1) (c)
22or
50.065 (1) (e), Stats., whichever is applicable.
AB336,17 23Section 17. DHS 12.03 (22) of the administrative code is repealed.
AB336,18 24Section 18. DHS 12.04 (1) of the administrative code is amended to read:
AB336,5,8
1DHS 12.04 (1) An entity may enter into and shall retain an agreement or
2contract with any entity identified under s. 48.685 (1) (b) or 50.065 (1) (c), Stats., or
3with any college, or university, including any vocational or technical college or school,
4or temporary employment agency or other person, to have the entity, school,
5temporary employment agency, or other person obtain and retain required
6background information related to caregivers, including contractors, students, or
7temporary employees, who, as part of their curriculum, must participate in clinical
8or practicum experiences at an entity.
AB336,19 9Section 19. DHS 12.05 (1) (a) and (b) of the administrative code are amended
10to read:
AB336,5,1411 DHS 12.05 (1) (a) Hires, employs, or contracts with a caregiver, or permits to
12reside at an entity a nonclient resident, where the entity knows or should have
13known the caregiver or nonclient resident is barred under s. 48.685 (4m) (b) or 50.065
14(4m) (b), Stats.
AB336,5,1615 (b) Violates any provision of initial background information gathering or
16periodic background information gathering required by s. 48.685 or 50.065, Stats.
AB336,20 17Section 20. DHS 12.05 (2) (d) of the administrative code is amended to read:
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