Wis. Admin. Code Department of Health Services DHS 12.05 - Sanctions
(1) SANCTIONABLE ENTITY ACTIONS. An entity
that commits any of the following acts may be subject to any of the sanctions
specified in sub. (2):
(a) Hires, employs, or
contracts with a caregiver, or permits to reside at an entity a nonclient
resident, where the entity knows or should have known the caregiver or
nonclient resident is barred under s.
48.685(4m) (b)
or 50.065(4m) (b),
Stats.
(b) Violates any provision
of initial background information gathering or periodic background information
gathering required by s.
48.685 or
50.065, Stats.
(2) ENTITY SANCTIONS. Any of the
following sanctions may be imposed on any entity that commits any of the acts
described in sub. (1):
(a) A forfeiture not
to exceed $1,000.
(b) A requirement
that the entity submit to the agency a written corrective action plan
specifying corrections that will be made to the identified personnel screening
practices needing correction and that the entity implement the plan.
(c) At entity expense, attendance at
agency-designated personnel screening training or other appropriate
training.
(d) Specific conditions
or limitations placed on the license, certification or registration or on a
school board-issued contract, including denial, revocation, nonrenewal or
suspension of regulatory approval issued by the department, or denial,
nonrenewal or termination by a school board of a contract with a day care
provider under s. 120.13(14),
Stats.
(e) For a person licensed to
operate a child welfare agency, shelter care facility, group foster home or day
care facility, any sanction or penalty described in s.
48.715, Stats.
(f) A requirement that the entity use, at
entity expense, a temporary employment agency for screening and hiring
personnel.
(3)
SANCTIONABLE INDIVIDUAL ACTIONS. Any person who is required to complete a
background information disclosure form and who commits any of the following
actions may be subject to any of the sanctions specified in sub. (4):
(a) Fails to complete and submit the
background information disclosure form to the appropriate agency or
entity.
(b) Knowingly gives false
information on or knowingly omits information from the background information
disclosure form submitted to an agency or entity.
(c) After submitting a background information
disclosure form to an agency or entity, subsequently fails to report any
information about a conviction for a crime or other act or offense requested on
the background information disclosure form, about a substantiated finding of
abuse or neglect or a client or of misappropriation of a client's property, or,
in the case of a position for which the person must be credentialed by the
department of safety and professional services, about a licensure denial,
restriction, or other license limitation by either the department or the
department of safety and professional services.
(4) INDIVIDUAL SANCTIONS. All of the
following sanctions may be imposed by an agency on any person who commits any
of the acts described in sub. (3):
(a) A
forfeiture not to exceed $1,000.
(b) Denial or revocation of regulatory
approval or the termination of a contract.
(c) Denial or termination of eligibility to
reside at the entity.
(d) Special
conditions or limitations placed upon the person, including restriction to an
off-premises location during business hours or otherwise restricting the
person's contact with clients.
Notes
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