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Recent Blog Posts
What Administrative Rules are Suspended for Nurses in Wisconsin?
By Prior to the COVID-19 pandemic, there was a nursing shortage in Wisconsin. Now, that shortage is reaching a critical level. The State of Wisconsin and Governor Tony Evers have taken an “all hands-on deck” approach. On Friday, March 27, 2020, Governor Evers Issued Emergency Order #16, relating to certain health care providers and the Department of Safety and Professional Services (DSPS). The Order applies to all heath care providers in various licensing situations.
Several administrative rules pertaining to nursing were suspended in this Order in an effort to increase the availability of nurses in Wisconsin during this health crisis. These administrative rules primarily affect new nurses and nurses whose licenses have expired.
What Does Governor Evers’ Order Mean for Out-of-State Health Care Professionals Currently Living in Wisconsin?
By On Friday, March 27, 2020, Governor Tony Evers Issued Emergency Order #16, relating to certain health care providers and the Department of Safety and Professional Services (DSPS). The Order applies to all heath care providers in various licensing situations. The purpose of the order is to increase the availability of health care providers in Wisconsin during this health crisis. One group that is addressed in the order are out-of-state licensed health care professionals who are currently living in Wisconsin. Under certain circumstances, an out-of-state licensed health care professional may be able to practice in Wisconsin without first obtaining a temporary or permanent license.
Normally, a health care provider licensed in another state needs to go through the licensing process in Wisconsin. Under Governor Evers’ order, a health care provider with a valid and current license issued by another state is able to practice under that license and within the scope of that license in Wisconsin. The license holder does not need to first obtain a temporary or permanent license from DSPS prior to starting work if the following conditions are met:
How Will the Coronavirus Affect Business Law and Civil Litigation?
Courts in each county, as well as the Eastern and Western Districts of Wisconsin, have responded differently to COVID-19 by implementing a variety of measures that are affecting existing and contemplated civil litigation matters. We are continuing to monitor these announcements and are committed to providing you with the most up-to-date information as it becomes available. Most notably, on March 22, Justice Bradley issued an order suspending all civil jury trials scheduled prior to May 22 and temporarily suspending all in-person proceedings statewide, with certain limited exceptions. Many hearings and court conferences can and will continue to occur by remote attendance. Likewise, mediations and depositions can also be conducted remotely. While remote technology can provide an alternate solution to certain aspects of litigation, not every court will be as sympathetic as others with regard to extensions, and parties need to remain mindful of existing deadlines.
How Is Physical Placement of Children Determined During Divorce?
When parents get divorced, they will need to determine where their children will primarily live and the amount of time they will spend with each parent. In Wisconsin, this is known as physical placement. Parents may be able to reach an agreement in these matters as part of their divorce settlement, or these and other child custody issues may need to be decided by the court.
Determining Physical Placement
If a child’s parents are unable to reach an agreement regarding their child’s physical placement, a judge will need to make decisions about how these matters should be handled. Wis. Stat. § 767.41 provides a number of different factors that a judge should consider to determine what is in the child’s best interests, including:
- The wishes of the child’s parents
- The wishes of the child
- The interaction of the child with his/her parents, siblings, and any other individuals living both in and outside of the home
Staying Professionally Healthy During the Coronavirus
By Over the past week, we have entered unprecedented times. Daily, new Coronavirus cases are confirmed, and the death toll continues to rise. Social distancing has become the norm, and it is now considered the polite thing to do.
It is easy during these unsettling times to want to bend the rules. However, for licensed healthcare professionals, bending the rules during this health crisis could result in long-term consequences professionally. It is important to remember that the regulations governing licensed professionals still apply even during these times.
For instance, it may be tempting for a doctor or nurse to view a neighbor’s medical record to see if they tested positive for COVID-19. Viewing an individual’s medical records without a legitimate business need is not only a violation of HIPPA, but it is also considered unprofessional conduct by the Medical Examining Board, the Nursing Board, and Dental Examining Board, just to name a few. This violation could result in public discipline of your professional license. Knowingly, recklessly, or negligently divulging a privileged communication or other confidential health care information except as required or permitted by state or federal law, whether or not the individual is a patient, can result in further public discipline to a professional license.
Can Civil Litigation Be Used to Resolve Disputes With Subcontractors?
Legal disputes can be stressful and time-consuming. If they are not solved within a reasonable time frame, they can cost a great deal of time and resources for you and/or your business. If you are a contractor who has a dispute with a subcontractor, you should speak to an attorney and understand your options for reaching a resolution. Your lawyer can help you determine whether civil litigation is an option in your case.
Wisconsin’s Right to Cure Law
In 2005, Wisconsin established the Right to Cure Law (also known as the 2005 Wisconsin Act 201), which details the procedures followed when making claims against contractors or subcontractors. Under this law, a claim can be filed for construction defects involving the use of defective materials, violations of building codes, or failure to follow accepted standards for completing work.
A person must provide written notice to a contractor or subcontractor at least 90 days before filing a claim. This notice must describe the defect in sufficient detail and describe the evidence that the claimant possesses. The written notice must also allow the contractor or subcontractor the opportunity to address the defect. They may do so by making repairs at no cost, settling the claim through a monetary payment, or a combination of these two remedies. If the contractor or subcontractor rejects the claim, or if the claimant does not accept their settlement offer, the claim may be filed and resolved through civil litigation.
When Is Theft a Felony Offense in Wisconsin?
By As you can imagine, taking another’s property without permission is a crime in Wisconsin – one that can be prosecuted as a municipal citation or criminal charge. The state’s statutory scheme that controls property crimes is Chapter 943. Within that section of the criminal statutes, you will find a variety of crimes, from credit card fraud to armed robbery. You will also find two provisions titled "Theft" (Wis. Stat. §943.20) and "Retail Theft" (Wis. Stat. §943.50). Whether allegations of theft result in misdemeanor or felony charges, they are not something to take lightly, as they can result in serious legal consequences that will impact your future in a variety of ways. When facing these types of charges, it is crucial to obtain representation from an experienced criminal defense attorney.
How Should I Respond to Accusations of Child Abuse?
By Whether they are legitimate or not, accusations of child neglect or abuse occur every day. Being accused of harming a child can ruin lives and tear friends and families apart. It is not unusual for tempers to rise in high-pressure situations like a contentious divorce or a child custody dispute, and sometimes, one parent may accuse the other of abusing or harming their children in hopes of gaining leverage in a custody dispute.
If you have been accused of abusing your child, it is important to contact an attorney immediately. An experienced criminal defense attorney will be able to help guide you through the investigation and potential criminal charges. If the child involved is your own, you should also seek a family law attorney with experience in custody disputes and child abuse investigations to protect your interests as a parent.
What Consequences Can I Face if I Am Accused of Domestic Violence?
By According to the Wisconsin Department of Justice, nearly 30,000 domestic violence incidents were reported in 2017, and 21,000 arrests were made. Domestic abuse, as defined under Wis. Stat. § 968.075, involves a person intentionally inflicting pain or injury or committing sexual assault against a family member or causing a person to reasonably fear that these types of offenses would occur. Domestic violence may be committed against a spouse, a former spouse, an adult living in a person’s household, or an adult who a person shares a child with.
Domestic Violence Charges
There are a variety of criminal charges that can be associated with domestic violence, including sexual assault, kidnapping, and homicide. However, battery is the most common charge that a person may face when accused of domestic violence, and it will typically fall into one of the three following categories:
What Can Cause OWI to Be Charged as a Felony in Wisconsin?
Drunk driving is a serious matter in Wisconsin. According to the Wisconsin Department of Transportation, more than 20,000 people are arrested for Operating While Intoxicated (OWI) in Wisconsin every year, and hundreds of these offenders are under the age of 18. If you have ever been arrested or charged with offenses related to drunk driving, you are aware of the stress, expenditures, and consequences that can result. An OWI arrest can be even more serious if it is charged as a felony, and these types of charges may result in long prison sentences, steep fines, and the loss of your driving privileges for multiple years.
Felony OWI Charges
Whether your OWI charge is considered a felony is dependent on two factors:
- How many times you have previously been charged with operating under the influence. A fourth OWI is a Class H felony, punishable by 60 days to six years in prison. A fifth or sixth OWI is a Class G felony, punishable by six months to 10 years in prison. A seventh, eighth or ninth OWI is a Class F felony, punishable by 3 to 12.5 years in prison. A tenth or subsequent OWI is a Class E felony, punishable by 4 to 15 years in prison.
