Section 132.42. Employees.

 

(1)   Definition. In this section, "employee" means anyone directly employed by the facility on other than a consulting or contractual basis.

(3)   Physical health certifications.

(a) New employees. Every employee shall be certified in writing by a physician, physician assistant or an advanced practice nurse prescriber as having been screened for the presence of clinically apparent communicable disease that could be transmitted to residents during the normal performance of the employee's duties. This certification shall include screening for tuberculosis within 90 days prior to employment.

(b) Continuing employees. Employees shall be rescreened for clinically apparent communicable disease as described in par. (a) based on the likelihood of exposure to a communicable disease, including tuberculosis. Exposure to a communicable disease may be in the facility, in the community or as a result of travel or other exposure.

(c) Non-employees. Persons who reside in the facility but are not residents or employees, such as relatives of the facility's owners shall be certified in writing as required in pars. (a) and (b) .

(4)   Disease surveillance and control. When an employee or prospective employee has a communicable disease that may result in the transmission of the communicable disease, he or she may not perform employment duties in the facility until the facility makes safe accommodations to prevent the transmission of the communicable disease.

(5)   Volunteers. Facilities may use volunteers provided that the volunteers receive the orientation and supervision necessary to assure resident health, safety, and welfare.

History: Cr. Register, July, 1982, No. 319 , eff. 8-1-82; am. (3) (a) and (4), Register, January, 1987, No. 373 , eff. 2-1-87; CR 03-033 : am. (3) (a), r. and recr. (4) Register December 2003 No. 576 , eff. 1-1-04; CR 04-053 : am. (3) and (4) Register October 2004 No. 586 , eff. 11-1-04; CR 06-053 : r. (2) Register August 2007 No. 620 , eff. 9-1-07.

Note

The Americans with Disabilities Act and Rehabilitation Act of 1973 prohibits the termination or non-hiring of an employee based solely on an employee having an infectious disease, illness or condition. Microsoft Windows NT 6.1.7601 Service Pack 1