Wisconsin § 940.295 - Abuse and neglect of patients and residents.

§ 940.295. Abuse and neglect of patients and residents.

940.295(1) (1) Definitions. In this section: 940.295(1)(ad) (ad) “Abuse” has the meaning given in s. 46.90 (1) (a) . 940.295(1)(ag) (ag) “Adult at risk” has the meaning given in s. 55.01 (1e) . 940.295(1)(am) (am) “Adult family home” has the meaning given in s. 50.01 (1) . 940.295(1)(b) (b) “Bodily harm” has the meaning given in s. 46.90 (1) (aj) . 940.295(1)(c) (c) “Community-based residential facility” has the meaning given in s. 50.01 (1g) . 940.295(1)(cr) (cr) “Elder adult at risk” has the meaning given in s. 46.90 (1) (br) . 940.295(1)(d) (d) “Foster home” has the meaning given in s. 48.02 (6) . 940.295(1)(e) (e) “Great bodily harm” has the meaning given in s. 939.22 (14) . 940.295(1)(f) (f) “Group home” has the meaning given in s. 48.02 (7) . 940.295(1)(g) (g) “Home health agency” has the meaning given in s. 50.49 (1) (a) . 940.295(1)(h) (h) “Hospice” has the meaning given in s. 50.90 (1) . 940.295(1)(hr) (hr) “Individual at risk” means an elder adult at risk or an adult at risk. 940.295(1)(i) (i) “Inpatient health care facility” has the meaning given in s. 50.135 (1) . 940.295(1)(k) (k) “Neglect” has the meaning given in s. 46.90 (1) (f) . 940.295(1)(km) (km) “Negligence” means an act, omission, or course of conduct that the actor should realize creates a substantial and unreasonable risk of death, great bodily harm, or bodily harm to another person. 940.295(1)(L) (L) “Patient” means any person who does any of the following: 940.295(1)(L)1. 1. Receives care or treatment from a facility or program under sub. (2) , from an employee of a facility or program or from a person providing services under contract with a facility or program. 940.295(1)(L)2. 2. Arrives at a facility or program under sub. (2) for the purpose of receiving care or treatment from a facility or program under sub. (2) , from an employee of a facility or program under sub. (2) , or from a person providing services under contract with a facility or program under sub. (2) . 940.295(1)(o) (o) “Recklessly” means conduct that creates a situation of unreasonable risk of death or harm to and demonstrates a conscious disregard for the safety of the patient or resident. 940.295(1)(p) (p) “Resident” means any person who resides in a facility under sub. (2) . 940.295(1)(r) (r) “State treatment facility” has the meaning given in s. 51.01 (15) . 940.295(1)(s) (s) “Treatment facility” has the meaning given in s. 51.01 (19) . 940.295(2) (2) Applicability. This section applies to any of the following types of facilities or programs: 940.295(2)(a) (a) An adult day care center. 940.295(2)(b) (b) An adult family home. 940.295(2)(c) (c) A community-based residential facility. 940.295(2)(d) (d) A foster home. 940.295(2)(e) (e) A group home. 940.295(2)(f) (f) A home health agency. 940.295(2)(g) (g) A hospice. 940.295(2)(h) (h) An inpatient health care facility. 940.295(2)(i) (i) A program under s. 51.42 (2) . 940.295(2)(j) (j) The Wisconsin Educational Services Program for the Deaf and Hard of Hearing under s.