Wisconsin Statutes Crimes (Ch. 938 to 951) § 940.295. Abuse and neglect of patients and residents

(ad) “Abuse” has the meaning given in s. 46.90(1)(a).

(ag) “Adult at risk” has the meaning given in s. 55.01(1e).

(am) “Adult family home” has the meaning given in s. 50.01(1).

(b) “Bodily harm” has the meaning given in s. 46.90(1)(aj).

(c) “Community-based residential facility” has the meaning given in s. 50.01(1g).

(cr) “Elder adult at risk” has the meaning given in s. 46.90(1)(br).

(d) “Foster home” has the meaning given in s. 48.02(6).

(e) “Great bodily harm” has the meaning given in s. 939.22(14).

(f) “Group home” has the meaning given in s. 48.02(7).

(g) “Home health agency” has the meaning given in s. 50.49(1)(a).

(h) “Hospice” has the meaning given in s. 50.90(1).

(hr) “Individual at risk” means an elder adult at risk or an adult at risk.

(i) “Inpatient health care facility” has the meaning given in s. 50.135(1).

(k) “Neglect” has the meaning given in s. 46.90(1)(f).

(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.

(L) “Patient” means any person who does any of the following:

(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.

(p) “Resident” means any person who resides in a facility under sub. (2).

(r) “State treatment facility” has the meaning given in s. 51.01(15).

(s) “Treatment facility” has the meaning given in s. 51.01(19).

(a) An adult day care center.

(b) An adult family home.

(c) A community-based residential facility.

(d) A foster home.

(e) A group home.

(f) A home health agency.

(g) A hospice.

(h) An inpatient health care facility.

(i) A program under s. 51.42(2).

(j) The Wisconsin Educational Services Program for the Deaf and Hard of Hearing under s. 115.52 and the Wisconsin Center for the Blind and Visually Impaired under s. 115.525.

(k) A state treatment facility.

(L) A treatment facility.

(m) A residential care center for children and youth operated by a child welfare agency licensed under s. 48.60 or an institution operated by a public agency for the care of neglected, dependent, or delinquent children.

(n) Any other health facility or care-related facility or home, whether publicly or privately owned.

(3) Abuse and neglect; penalties. (a) Any person in charge of or employed in any facility or program under sub. (2) who does any of the following, or who knowingly permits another person to do so, may be penalized under par. (b):

(am) Paragraph (a)3. does not apply to a health care provider acting in the scope of his or her practice or employment who commits an act or omission of mere inefficiency, unsatisfactory conduct, or failure in good performance as the result of inability, incapacity, inadvertency, ordinary negligence, or good faith error in judgment or discretion.