Find & Ask › Wisconsin › this rule

Wis. Stat. § 50.065 – Criminal history and patient abuse record search

WisconsinstatuteWisconsin Department of Health Services (DHS)

What this rule requires your agency to do

  • 1The entity must, before hiring or contracting with a person who will have regular, direct contact with clients, obtain a criminal history search from the records maintained by the Wisconsin Department of Justice. (Wis. Stat. § 50.065(2)(am), (b)1.)(Wis. Stat. § 50.065 – Criminal history and patient abuse record search)
  • 2The entity must obtain information maintained by the Department of Safety and Professional Services regarding the status of the person's professional credentials, where applicable. (Wis. Stat. § 50.065(2)(b)3.)(Wis. Stat. § 50.065 – Criminal history and patient abuse record search)
  • 3The entity must repeat the required background searches for every caregiver at least once every 4 years, or at any other time the entity considers appropriate. (Wis. Stat. § 50.065(3)(b))(Wis. Stat. § 50.065 – Criminal history and patient abuse record search)
  • 4The entity must obtain information regarding any final determination of child abuse or neglect under s. 48.981(3)(c)5m. against the person. (Wis. Stat. § 50.065(2)(b))(Wis. Stat. § 50.065 – Criminal history and patient abuse record search)
  • 5The entity must not employ or contract with a caregiver who has a disqualifying conviction or a substantiated abuse/neglect finding unless the person has obtained an approved rehabilitation review. (Wis. Stat. § 50.065(4m), (5m))(Wis. Stat. § 50.065 – Criminal history and patient abuse record search)
  • 6The entity must obtain information contained in the patient/client abuse registry under s. 146.40(4g) regarding any findings against the prospective caregiver. (Wis. Stat. § 50.065(2)(b)2.)(Wis. Stat. § 50.065 – Criminal history and patient abuse record search)

Applies to: home care, personal care, HCBS — applies to "entities" as defined in Wis. Stat. 50.065(1)(c) that provide direct care, including home health and personal care agencies

Wis. Stat. § 50.065 is the primary Wisconsin caregiver background-check statute (implemented by Wis. Admin. Code ch. DHS 12). Before hiring, contracting with, or permitting a caregiver to provide direct care, a DHS-regulated care entity — including home health and personal care agencies — must obtain a Department of Justice criminal history search, a patient/client abuse registry check, professional-credential status, and child-abuse determination information, and must repeat these searches at least every 4 years. The statute bars entities from employing caregivers with disqualifying convictions or findings absent an approved rehabilitation review.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.