Section DHS 13.04 - Caregiver misconduct registry(1) ESTABLISHMENT AND MAINTENANCE. The department shall establish and maintain a database of caregivers as an official record of persons found to have abused or neglected a client or misappropriated a client's property under the requirements of this chapter. The database shall contain the following lists: (a)Nurse aides. A list of all nurse aides who have been found under s. DHS 13.05(6) or (7) to have abused or neglected a client or misappropriated a client's property and to whom any of the following applies: 1. The nurse aide waives a hearing to contest the listing of the finding in the registry or fails to file a timely request for a hearing under s. DHS 13.05(7) (b) after receipt of the department's notice of the department's intent to enter its findings about the nurse aide in the registry.2. The hearing officer under s. DHS 13.05(7) (d) 6. finds reasonable cause to believe that the nurse aide abused or neglected a client or misappropriated a client's property.(b)All other caregivers. A list of all persons other than nurse aides who have been found under s. DHS 13.05(6) or (7) to have abused or neglected a client or misappropriated a client's property and to whom any of the following applies: 1. The person waives a hearing to contest the listing of the finding in the registry or fails to file a timely request for a hearing under s. DHS 13.05(7) (b) after receipt of the department's notice of the department's intent to enter its findings about the person in the registry.2. The hearing officer under s. DHS 13.05(7) (d) 6. finds reasonable cause to believe that the person abused or neglected a client or misappropriated a client's property. (2) CONTENT. Information about a person in the caregiver misconduct registry shall include all of the following: (a) The person's social security number, if available. <hr>(b) The person's full name, including middle initial.(c) The person's mailing address.(d) The person's date of birth.(e) Any finding made by the department under s. DHS 13.05(6), or, if appealed, by a hearing officer under s. DHS 13.05(7), that the person abused or neglected a client or misappropriated the property of a client, and whether the person filed a rebuttal statement with the department under s. DHS 13.05(6) (c) 2. e. disputing that finding.(3) RELEASE OF CAREGIVER MISCONDUCT REGISTRY INFORMATION. With the exception of the person's social security number and to the extent permitted by state and federal law, the information included in the registry about individuals is public information. The department shall respond promptly to inquiries concerning registry information. A request for registry information shall be in writing and accompanied by a self-addressed stamped envelope. Wis. Admin. Code Department of Health Services § DHS 13.04
Cr. Register, June, 1999, No. 522, eff. 7-1-99.Amended by, correction in (Note) made under ss. 13.92(4) (b), Stats., Register November 2020 No. 779, eff. 12/1/2020