reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.032 - Denial and revocations of certification or approval based on delinquent taxes or unemployment insurance contributions.

51.032
Denial and revocations of certification or approval based on delinquent taxes or unemployment insurance contributions.
(1)
Except as provided in sub. (1m), the department shall require each applicant to provide the department with his or her social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing any of the following:
(a)
A certification issued under s. 51.038.
(b)
A certification issued under s. 51.04.
(c)
A certification issued under rules required under s. 51.42 (7) (b) 11.
(d)
A certification issued under rules required under s. 51.421 (3) (a).
(e)
An approval issued under s. 51.45 (8).
(1m)
If an individual who applies for a certification or approval under sub. (1) does not have a social security number, the individual, as a condition of obtaining the certification or approval, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. A certification or approval issued in reliance upon a false statement submitted under this subsection is invalid.
(2)
The department may not disclose any information received under sub. (1) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227.
(3)
Except as provided in sub. (1m), the department shall deny an application for the issuance of a certification or approval specified in sub. (1) if the applicant does not provide the information specified in sub. (1).
(4)
The department shall deny an application for the issuance of a certification or approval specified in sub. (1) or shall revoke a certification or approval specified in sub. (1) if the department of revenue certifies under s. 73.0301 that the applicant for or holder of a certification or approval is liable for delinquent taxes or if the department of workforce development certifies under s. 108.227 that the applicant for or holder of a certification or approval is liable for delinquent unemployment insurance contributions.
(5)
An action taken under sub. (3) or (4) is subject to review only as provided under s. 73.0301 (2) (b) and (5) or s. 108.227 (5) and (6), whichever is applicable.
History:  1997 a. 237; 1999 a. 9; 2007 a. 20; 2013 a. 36.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.038 - Outpatient mental health clinic certification.

51.038
Outpatient mental health clinic certification.
Except as provided in s. 51.032, if a facility that provides mental health services on an outpatient basis holds current accreditation from the council on accreditation of services for families and children, the department may accept evidence of this accreditation as equivalent to the standards established by the department, for the purpose of certifying the facility for the receipt of funds for services provided as a benefit to a medical assistance recipient under s. 49.46 (2) (b) 6. f. or 49.471 (11) (k), a community aids funding recipient under s. 51.423 (2) or as mandated coverage under s. 632.89.
History:  1987 a. 27; 1997 a. 237; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.04 - Treatment facility certification.

51.04
Treatment facility certification.
Except as provided in s. 51.032, any treatment facility may apply to the department for certification of the facility for the receipt of funds for services provided as a benefit to a medical assistance recipient under s. 49.46 (2) (b) 6. f. or 49.471 (11) (k) or to a community aids funding recipient under s. 51.423 (2) or provided as mandated coverage under s. 632.89. The department shall annually charge a fee for each certification.
History:  1975 c. 224; Stats. 1975 s. 51.44; 1975 c. 430 s. 53m; Stats. 1975 s. 51.04; 1983 a. 27; 1985 a. 29, 176; 1995 a. 27; 1997 a. 237; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.042 - Youth crisis stabilization facilities.

51.042
Youth crisis stabilization facilities.
(1)
Definitions. In this section:
(a)
“Crisis” means a situation caused by an individual's apparent mental disorder that results in a high level of stress or anxiety for the individual, persons providing care for the individual, or the public and that is not resolved by the available coping methods of the individual or by the efforts of those providing ordinary care or support for the individual.
(b)
“Youth crisis stabilization facility” is a treatment facility with a maximum of 8 beds that admits a minor to prevent or de-escalate the minor's mental health crisis and avoid admission of the minor to a more restrictive setting.
(2)
Certification required; exemption.
(a)
No person may operate a youth crisis stabilization facility without a certification from the department. The department may limit the number of certifications it grants to operate a youth crisis stabilization facility.
(b)
A youth crisis stabilization facility that has a certification from the department under this section is not subject to facility regulation under ch. 48.
(3)
Admission of minors. A minor may be admitted to a youth crisis stabilization facility under this section by a court order under s. 51.20 (13) (a) 3. or through the procedure under s. 51.13. No person may transport a minor to a youth crisis stabilization facility for detention under s. 51.15.
(4)
Rules. The department may promulgate rules to implement this section.
History:  2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.045 - Availability of inpatient psychiatric and other beds.

51.045
Availability of inpatient psychiatric and other beds.
(1m)
From the appropriation under s. 20.435 (2) (cm), the department shall award a grant in the amount of $80,000 in fiscal year 2021-22 and $50,000 in each fiscal year thereafter to the entity under contract under s. 153.05 (2m) (a) to develop and operate an Internet site and system to show the availability of inpatient psychiatric beds, peer run respite beds, and crisis stabilization beds statewide. To receive the grant, the entity shall use a password protected Internet site to allow an inpatient psychiatric unit or hospital or a facility, center, or program that has inpatient psychiatric, peer run respite, or crisis stabilization beds to enter all of the following information and to enable any hospital emergency department or person who approves emergency detentions under s. 51.15 (2) (c) in the state to view all of the following information reported to the system:
(a) The number of available child, adolescent, adult, and geriatric beds, as applicable, that are inpatient psychiatric, peer run respite, or crisis stabilization beds and that are currently available at the hospital, unit, facility, center, or program at the time of reporting.
(b) Any special information that the hospital, unit, facility, center, or program reports regarding the available beds under par. (a).
(c) The date the hospital, unit, facility, center, or program reports the information under pars. (a) and (b).
(d) The location of the hospital, unit, facility, center, or program that is reporting.
(e) The contact information for admission coordination for the hospital, unit, facility, center, or program.
History:  2015 a. 153; 2021 a. 58.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.047 - Mental health services.

51.047
Mental health services.
From the appropriation under s. 20.435 (5) (fr), the department may not award more than $45,000 in each fiscal year to applying public or nonprofit private entities for the costs of providing certain mental health services to homeless individuals with serious and persistent mental illness. Entities that receive funds awarded by the department under this section shall provide the mental health services required under 42 USC 290cc-24. The amount that the department awards to an applying entity may not exceed 50 percent of the amount of matching funds required under 42 USC 290cc-23.
History:  2005 a. 25 s. 908; 2005 a. 264; 2007 a. 45; 2011 a. 32 s. 3461m; Stats.
2011 s. 16.311; 2017 a. 59 s. 132; Stats. 2017 s. 51.047.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.07 - Outpatient services.

51.07
Outpatient services.
(1)
The department may establish a system of outpatient clinic services in any institution operated by the department.
(2)
It is the purpose of this section to:
(a)
Provide outpatient diagnostic and treatment services for patients and their families.
(b)
Offer precommitment and preadmission evaluations and studies.
(3)
The department may provide outpatient services only to patients contracted for with county departments under ss. 51.42 and 51.437 in accordance with s. 46.03 (18), except for those patients whom the department finds to be nonresidents of this state and persons receiving services under contracts under s. 46.043. The full and actual cost less applicable collections of services contracted for with county departments under s. 51.42 or 51.437 shall be charged to the respective county department under s. 51.42 or 51.437. The state shall provide the services required for patient care only if no outpatient services are funded by the department in the county or group of counties served by the respective county department under s. 51.42 or 51.437.
History:  1973 c. 90, 333; 1975 c. 430 s. 19; 1985 a. 176; 1997 a. 27; 1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.08 - Milwaukee County Mental Health Complex.

51.08
Milwaukee County Mental Health Complex.
Any county having a population of 750,000 or more may, pursuant to s. 46.17, establish and maintain a county mental health complex. The county mental health complex shall be a hospital devoted to the detention and care of drug addicts, alcoholics, chronic patients, and mentally ill persons whose mental illness is acute. Such hospital shall be governed pursuant to s. 46.21. Treatment of alcoholics and persons who are drug dependent at the county mental health complex is subject to approval by the department under s. 51.45 (8). The county mental health complex established pursuant to this section is subject to rules promulgated by the department concerning hospital standards. The county board may not sell the county mental health complex under this section without approval of the Milwaukee County mental health board.
History:  1971 c. 108 ss. 5, 6; 1971 c. 125 ss. 350 to 352, 523; 1971 c. 211; 1973 c. 90, 198; 1975 c. 41; 1975 c. 430 s. 15; Stats. 1975 s. 51.08; 1985 a. 332 s. 251 (1); 1987 a. 307; 2013 a. 203; 2017 a. 34; 2017 a. 207 s. 5.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.09 - County hospitals.

51.09
County hospitals.
Any county having a population of less than 750,000 may establish a hospital or facilities for the detention and care of mentally ill persons, alcoholics, and drug addicts; and in connection therewith a hospital or facility for the care of cases afflicted with pulmonary tuberculosis. County hospitals established pursuant to this section are subject to rules promulgated by the department concerning hospital standards, including standards for treatment facilities under s. 51.45 (8) for alcoholics and persons who are drug dependent.
History:  1971 c. 211; 1973 c. 198; 1975 c. 430 s. 16; Stats. 1975 s. 51.09; 1985 a. 332 s. 251 (1); 2017 a. 34; 2017 a. 207 s. 5.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.138 - Emergency outpatient treatment for minors.

51.138
Emergency outpatient treatment for minors.
(1)
In this section, “outpatient mental health treatment” has the meaning given in s. 51.14 (1).
(2)
Subject to sub. (4), a treatment director of an outpatient mental health treatment provider may provide outpatient mental health treatment to a minor for 30 days without first obtaining informed consent if all of the following criteria are satisfied:
(a)
An emergency situation exists, as determined by the treatment director of an outpatient mental health treatment provider, or time and distance requirements preclude obtaining written consent before beginning outpatient mental health treatment, and potential harm will come to the minor or others if treatment is not initiated before written consent is obtained.
(b)
A reasonable effort has been made to obtain consent from a parent or guardian of the minor before initiating treatment.
(3)
During the 30-day treatment period under sub. (2), the treatment director of the outpatient mental health treatment provider shall either obtain informed, written consent of a parent or guardian of the minor or, if consent is not obtained, file a petition to initiate a review of outpatient mental health treatment of a minor under s. 51.14.
(4)
No person may, under the treatment period under sub. (2), without the consent of a parent or guardian of the minor, prescribe medications to the minor who is seeking treatment for a mental health condition or admit a minor to an inpatient facility or an inpatient treatment facility without the consent of a parent or guardian.
(5)
For services provided under this section when consent of a parent or guardian has not been obtained, the treatment director of an outpatient mental health treatment provider shall obtain the minor's consent before billing a 3rd party for the services. If the minor does not consent to billing a 3rd party, the minor shall be responsible for paying for the services, which the department shall bill to the minor under s. 46.03 (18) (b).
History:  2017 a. 204; 2021 a. 238 s. 45.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.17 - Warning of dangerousness.

51.17
Warning of dangerousness.
(1)
Definition. In this section, “health care provider” has the meaning given in s. 146.81 (1).
(2)
Authorization. Any health care provider, as permitted by s. 146.816 (2) (b) 4. or 5., and any law enforcement officer may make a disclosure of information evidencing that an individual poses a substantial probability of serious bodily harm to any other person in a good faith effort to prevent or lessen a serious and imminent threat to the health or safety of a person or the public.
(3)
Duty; health care providers.
(a)
Any health care provider that reasonably believes an individual has a substantial probability of harm to himself or herself or to another person under s. 51.15 (1) (ar) 1., 2., 3., or 4. fulfills any duty to warn a 3rd party by doing any of the following:
1.
Contacting a law enforcement officer regarding the individual and disclosing knowledge of potential evidence of a substantial probability of harm under s. 51.15 (1) (ar) 1., 2., 3., or 4.
2.
Contacting the county department that the health care provider reasonably believes is responsible for approving the need for emergency detention of the individual under s. 51.15 (2) and disclosing knowledge of potential evidence of a substantial probability of harm under s. 51.15 (1) (ar) 1., 2., 3., or 4.
3.
If the health care provider is an agent of the county department that is responsible for approving the need for emergency detention under s. 51.15 (2) and is authorized by that county department to approve or disapprove the need for emergency detention under s. 51.15 (2), approving the emergency detention of the individual.
4.
Taking any other action that a reasonable health care provider would consider as fulfilling the duty to warn a 3rd party of substantial probability of harm.
(b)
If an individual is not in custody of a facility under s. 51.15 (3) and is not voluntarily admitted to a inpatient psychiatric unit, a health care provider that takes any of the actions under par. (a) has no further duty to any person to seek involuntary treatment, emergency detention, emergency stabilization, or commitment of the individual; to physically restrain or isolate the individual; to prevent the individual from leaving the hospital; or to provide treatment or medication without the individual's consent.
(4)
Liability. Any person or health care provider that acts in accordance with this section is not civilly or criminally liable for actions taken in good faith. The good faith of the actor shall be presumed in a civil action. Whoever asserts that the individual who acts in accordance has not acted in good faith has the burden of proving that assertion by evidence that is clear, satisfactory, and convincing.
History:  2017 a. 140, 143.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.375 - Honesty testing of sex offenders.

51.375
Honesty testing of sex offenders.
(1)
In this section:
(a)
“Community placement" means conditional transfer into the community under s. 51.35 (1), conditional release under s. 971.17, parole from a commitment for specialized treatment under ch. 975, or supervised release under ch. 980.
(b)
“Lie detector" has the meaning given in s. 111.37 (1) (b).
(c)
“Polygraph" has the meaning given in s. 111.37 (1) (c).
(d)
“Sex offender" means a person committed to the department who meets any of the criteria specified in s. 301.45 (1g).
(2)
(a)
The department may require, as a condition of a community placement, that a sex offender submit to a lie detector test when directed to do so by the department.
(b)
The department may administer a lie detector test to a sex offender as part of the sex offender's programming, care, or treatment. A patient may refuse to submit to a lie detector test under this paragraph. This refusal does not constitute a general refusal to participate in treatment. The results of a lie detector test under this paragraph may be used only in the care, treatment, or assessment of the subject or in programming for the subject. The results of a test may be disclosed only to persons employed at the facility at which the subject is placed who need to know the results for purposes related to care, treatment, or assessment of the patient, the committing court, the patient's attorney, or the attorney representing the state in a proceeding under ch. 980. The committing court to which the results of a test have been disclosed may admit the results in evidence in a proceeding under ch. 980.
(3)
The department shall promulgate rules establishing a lie detector test program for sex offenders who are in a community placement. The rules shall provide for assessment of fees upon persons committed to the department to partially offset the costs of the program.
History:  1995 a. 440; 1999 a. 89; 2001 a. 16; 2005 a. 434.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.38 - Nonresident patients on unauthorized absence.

51.38
Nonresident patients on unauthorized absence.
The circuit court may order the detention of any nonresident individual who is on unauthorized absence from any institution of another state for the treatment of mental illness, developmental disabilities, alcoholism or drug abuse. Detention shall be for the period necessary to complete the deportation of that individual.
History:  1975 c. 430; 1977 c. 428; 1977 c. 449 s. 497.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.39 - Resident patients on unauthorized absence.

51.39
Resident patients on unauthorized absence.
If any patient who is admitted, transferred, or placed under s. 55.06, 2003 stats., or s. 51.13, 51.15, 51.20, 51.35 (3), 51.37, or 51.45 (11) (b), (12) or (13) or ch. 55, 971, 975, or 980 is on unauthorized absence from a treatment facility, the sheriff or any other law enforcement agency in the county in which the patient is found or in which it is believed the patient may be present, upon the request of the director, shall take charge of and return the patient to the facility. The costs incident to the return shall be paid out of the facility's operating funds and be charged back to the patient's county of residence.
History:  1975 c. 430; 1977 c. 428; 1979 c. 336; 1993 a. 479; 2005 a. 264.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.422 - Opioid and methamphetamine treatment programs.

51.422
Opioid and methamphetamine treatment programs.
(1)
Program creation. The department shall create 2 or 3 new, regional comprehensive opioid treatment programs, and in the 2017-19 fiscal biennium, shall create 2 or 3 additional regional comprehensive opioid and methamphetamine treatment programs, to provide treatment for opioid and opiate addiction and methamphetamine addiction in underserved, high-need areas. The department shall obtain and review proposals for opioid and methamphetamine treatment programs in accordance with its request-for-proposal procedures.
(2)
Program components. An opioid or methamphetamine treatment program created under this section shall offer an assessment to individuals in need of service to determine what type of treatment is needed. The program shall transition individuals to a certified residential program, if that level of treatment is necessary. The program shall provide counseling, medication-assisted treatment, including medications that have been approved by the federal food and drug administration for treating opioid addiction, and abstinence-based treatment. The program shall transition individuals who have completed treatment to county-based or private post-treatment care.
(3)
Report. By April 1, 2016, and annually thereafter, the department shall submit to the joint committee on finance and to the appropriate standing committees under s. 13.172 (3) a progress report on the outcomes of the program under this section.
History:  2013 a. 195; 2015 a. 188; 2017 a. 27; 2019 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.4223 - Reporting by methadone treatment programs.

51.4223
Reporting by methadone treatment programs.
(1)
Annually, a treatment program that treats addiction using methadone shall report to the department all of the following:
(a)
The ratio of treatment program staff to the number of individuals receiving methadone treatment.
(b)
The number of individuals receiving methadone treatment who are receiving behavioral health services.
(c)
The relapse rate or the average time an individual is receiving methadone treatment.
(d)
The treatment program's plan for tapering individuals off of methadone.
(e)
The average mileage that individuals receiving treatment in the methadone treatment program are traveling to receive treatment at the facility.
(f)
The number of doses of methadone that individuals carry out of the facility to take outside of treatment program staff supervision.
(g)
The number of individuals in the treatment program on each of the 3 forms of medication-assisted treatment, specifically methadone, buprenorphine-containing products, and oral or extended-release injectable naltrexone, that are approved by the federal food and drug administration.
(h)
The number of individuals who engage in a program of aftercare and the number of individuals who are treated with antagonist medication, such as oral or extended-release injectable naltrexone, as part of relapse prevention.
(i)
Any other information specified by the department.
(2)
The treatment program shall ensure that the information under sub. (1) is provided in a manner that does not permit the identification of an individual who is receiving methadone treatment from the program.
History:  2015 a. 262; 2017 a. 365 s. 111.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.4224 - Opioid treatment.

51.4224
Opioid treatment.
(1)
Definitions. In this section:
(a)
“Narcotic treatment service for opiate addiction" is an opioid treatment system that includes a physician who administers or dispenses a narcotic drug to a narcotic addict for treatment or detoxification treatment with a comprehensive range of medical and rehabilitation services; that is approved by the state methadone authority and the designated federal government's regulatory authority; and that is registered with the U.S. drug enforcement administration to use a narcotic drug for treatment of a narcotic addiction.
(b)
“Opioid treatment system" means a structured delivery system for providing substance abuse prevention, intervention, or treatment services and meets all of the following criteria:
1.
The system receives funds through the state under this chapter.
2.
The system is approved by the state methadone authority.
(c)
“State methadone authority" means the subunit of the department designated by the governor to exercise the responsibility and authority in this state for governing the treatment of a narcotic addiction with a narcotic drug.
(2)
Duration of certification. The department shall issue a certification for an eligible opioid treatment system, as determined by the department, that remains in effect for 3 years unless suspended or revoked and coincides with the federal government certification period.
(3)
Counseling services. The department shall allow a narcotic treatment service for opiate addiction to contract for substance abuse counselors and clinical substance abuse counselors in lieu of employing substance abuse counselors or clinical substance abuse counselors. The narcotic treatment service for opiate addiction may enter into a contract agreement with an agency to provide counseling services. A narcotic treatment service for opiate addiction that enters into a contract agreement for counseling service shall submit to the department a copy of the agreement with each application and reapplication.
(4)
Length of treatment. The department may not limit the length of treatment an individual receives from a narcotic treatment service for opiate addiction. Nothing in this subsection affects whether treatment is reimbursable under the Medical Assistance program under subch. IV of ch. 49.
(5)
Geographic proximity. The department may not require an individual who seeks admission to a narcotic treatment service for opiate addiction to reside within a certain radius of the narcotic treatment service for opiate addiction. The department may not require an individual who resides outside of a certain radius of a narcotic treatment service for opiate addiction to request an exception to receive treatment from the narcotic treatment service for opiate addiction. Nothing in this subsection affects whether treatment is reimbursable under the Medical Assistance program under subch. IV of ch. 49.
History:  2015 a. 263; 2017 a. 365 s. 110.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.441 - Comprehensive mental health consultation program.

51.441
Comprehensive mental health consultation program.
The department shall convene a statewide group of interested persons, including at least one representative of the Medical College of Wisconsin, to develop a concept paper, business plan, and standards for a comprehensive mental health consultation program that incorporates general psychiatry, geriatric psychiatry, addiction medicine and psychiatry, a perinatal psychiatry consultation program, and the child psychiatry consultation program under s. 51.442.
History:  2019 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.46 - Priority for pregnant women for private treatment for alcohol or other drug abuse.

51.46
Priority for pregnant women for private treatment for alcohol or other drug abuse.
For inpatient or outpatient treatment for alcohol or other drug abuse, the first priority for services that are available in privately operated facilities, whether on a voluntary or involuntary basis, is for pregnant women who suffer from alcoholism, alcohol abuse or drug dependency.
History:  1997 a. 292.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.47 - Alcohol and other drug abuse treatment for minors without parental consent.

51.47
Alcohol and other drug abuse treatment for minors without parental consent.
(1)
Except as provided in subs. (2) and (3), any physician or health care facility licensed, approved, or certified by the state for the provision of health services may render preventive, diagnostic, assessment, evaluation, or treatment services for the abuse of alcohol or other drugs to a minor 12 years of age or over without obtaining the consent of or notifying the minor's parent or guardian and may render those services to a minor under 12 years of age without obtaining the consent of or notifying the minor's parent or guardian, but only if a parent with legal custody or guardian of the minor under 12 years of age cannot be found or there is no parent with legal custody of the minor under 12 years of age. An assessment under this subsection shall conform to the criteria specified in s. 938.547 (4). Unless consent of the minor's parent or guardian is required under sub. (2), the physician or health care facility shall obtain the minor's consent prior to billing a 3rd party for services under this section. If the minor does not consent, the minor shall be solely responsible for paying for the services, which the department shall bill to the minor under s. 46.03 (18) (b).
(2)
The physician or health care facility shall obtain the consent of the minor's parent or guardian:
(a)
Before performing any surgical procedure on the minor, unless the procedure is essential to preserve the life or health of the minor and the consent of the minor's parent or guardian is not readily obtainable.
(b)
Before administering any controlled substances to the minor, except to detoxify the minor under par. (c).
(c)
Before admitting the minor to an inpatient treatment facility, unless the admission is to detoxify the minor for ingestion of alcohol or other drugs.
(d)
If the period of detoxification of the minor under par. (c) extends beyond 72 hours after the minor's admission as a patient.
(3)
The physician or health care facility shall notify the minor's parent or guardian of any services rendered under this section as soon as practicable.
(4)
No physician or health care facility rendering services under sub. (1) is liable solely because of the lack of consent or notification of the minor's parent or guardian.
History:  1979 c. 331; 1985 a. 281; 2001 a. 16.
Except for those services for which parental consent is necessary under sub. (2), a physician or health care facility may release outpatient or detoxification services information only with the consent of a minor patient, provided the minor is 12 years of age or over. 77 Atty. Gen. 187.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.48 - Alcohol and other drug testing, assessment, and treatment of minor without minor's consent.

51.48
Alcohol and other drug testing, assessment, and treatment of minor without minor's consent.
A minor's parent or guardian may consent to have the minor tested for the presence of alcohol or other drugs in the minor's body or to have the minor assessed by an approved treatment facility for the minor's abuse of alcohol or other drugs according to the criteria specified in s. 938.547 (4). If, based on the assessment, the approved treatment facility determines that the minor is in need of treatment for the abuse of alcohol or other drugs, the approved treatment facility shall recommend a plan of treatment that is appropriate for the minor's needs and that provides for the least restrictive form of treatment consistent with the minor's needs. That treatment may consist of outpatient treatment, day treatment, or, if the minor is admitted in accordance with s. 51.13, inpatient treatment. The parent or guardian of the minor may consent to the treatment recommended under this section. Consent of the minor for testing, assessment, or treatment under this section is not required.
History:  1999 a. 9; 2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.59 - Incompetency not implied.

51.59
Incompetency not implied.
(1)
No person is deemed incompetent to manage his or her affairs, to contract, to hold professional, occupational or motor vehicle operator's licenses, to marry or to obtain a divorce, to vote, to make a will or to exercise any other civil right solely by reason of his or her admission to a facility in accordance with this chapter or detention or commitment under this chapter.
(2)
This section does not authorize an individual who has been involuntarily committed or detained under this chapter to refuse treatment during such commitment or detention, except as provided under s. 51.61 (1) (g) and (h).
History:  1977 c. 428; 1987 a. 366.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.60 - Appointment of counsel.

51.60
Appointment of counsel.
(1)
Adults.
(a)
In any situation under this chapter in which an adult individual has a right to be represented by counsel, the individual shall be referred as soon as practicable to the state public defender, who shall appoint counsel for the individual under s. 977.08 without a determination of indigency.
(b)
Except as provided in s. 51.45 (13) (b) 2., par. (a) does not apply if the individual knowingly and voluntarily waives counsel.
(2)
Minors. In any situation under this chapter in which a minor has a right to be represented by counsel, counsel for the minor shall be appointed as provided in s. 48.23 (4).
(3)
Retained counsel. Notwithstanding subs. (1) and (2), an individual subject to proceedings under this chapter is entitled to retain counsel of his or her own choosing at his or her own expense.
History:  2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.605 - Reimbursement for counsel provided by the state.

51.605
Reimbursement for counsel provided by the state.
(1)
Inquiry. At or after the conclusion of a proceeding under this chapter in which the state public defender has provided counsel for an adult individual, the court may inquire as to the individual's ability to reimburse the state for the costs of representation. If the court determines that the individual is able to make reimbursement for all or part of the costs of representation, the court may order the individual to reimburse the state an amount not to exceed the maximum amount established by the public defender board under s. 977.075 (4). Upon the court's request, the state public defender shall conduct a determination of indigency under s. 977.07 and report the results of the determination to the court.
(2)
Payment. Reimbursement ordered under this section shall be made to the clerk of courts of the county where the proceedings took place. The clerk of courts shall transmit payments under this section to the county treasurer, who shall deposit 25 percent of the payment amount in the county treasury and transmit the remainder to the secretary of administration. Payments transmitted to the secretary of administration shall be deposited in the general fund and credited to the appropriation account under s. 20.550 (1) (L).
(3)
Report. By January 31st of each year, the clerk of courts for each county shall report to the state public defender the total amount of reimbursements ordered under sub. (1) in the previous calendar year and the total amount of reimbursements paid to the clerk under sub. (2) in the previous year.
History:  2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.63 - Private pay for patients.

51.63
Private pay for patients.
Any person may pay, in whole or in part, for the maintenance and clothing of any mentally ill, developmentally disabled, alcoholic or drug dependent person at any institution for the treatment of persons so afflicted, and his or her account shall be credited with the sums paid. The person may also be likewise provided with such special care in addition to those services usually provided by the institution as is agreed upon with the director, upon payment of the charges therefor.
History:  1975 c. 430.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.64 - Reports of death required; penalty; assessment.

51.64
Reports of death required; penalty; assessment.
(1)
In this section:
(a)
“Physical restraint" includes all of the following:
1.
A locked room.
2.
A device or garment that interferes with an individual's freedom of movement and that the individual is unable to remove easily.
3.
Restraint by a treatment facility staff member of a person admitted or committed to the treatment facility, by use of physical force.
(b)
“Psychotropic medication" means an antipsychotic, antidepressant, lithium carbonate or a tranquilizer.
(2)
(a)
No later than 24 hours after the death of a person admitted or committed to a treatment facility, the treatment facility shall report the death to the department if one of the following applies:
1.
There is reasonable cause to believe that the death was related to the use of physical restraint or a psychotropic medication.
3.
There is reasonable cause to believe that the death was a suicide.
History:  1989 a. 336.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.65 - Segregation of tuberculosis patients.

51.65
Segregation of tuberculosis patients.
The department shall make provision for the segregation of tuberculosis patients in the state-operated and community-operated facilities, and for that purpose may set apart facilities and equip facilities for the care and treatment of such patients.
History:  1975 c. 430.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.67 - Alternate procedure; protective services.

51.67
Alternate procedure; protective services.
If, after a hearing under s. 51.13 (4) or 51.20, the court finds that commitment under this chapter is not warranted and that the subject individual is a fit subject for guardianship and protective placement or services, the court may, without further notice, appoint a temporary guardian for the subject individual and order temporary protective placement or services under ch. 55 for a period not to exceed 30 days. Temporary protective placement for an individual in a center for the developmentally disabled is subject to s. 51.06 (3). Any interested party may then file a petition for permanent guardianship or protective placement or services, including medication, under ch. 55. If the individual is in a treatment facility, the individual may remain in the facility during the period of temporary protective placement if no other appropriate facility is available. The court may order psychotropic medication as a temporary protective service under this section if it finds that there is probable cause to believe the individual is not competent to refuse psychotropic medication and that the medication ordered will have therapeutic value and will not unreasonably impair the ability of the individual to prepare for and participate in subsequent legal proceedings. An individual is not competent to refuse psychotropic medication if, because of serious and persistent mental illness, and after the advantages and disadvantages of and alternatives to accepting the particular psychotropic medication have been explained to the individual, one of the following is true:
(1)
The individual is incapable of expressing an understanding of the advantages and disadvantages of accepting treatment and the alternatives.
(2)
The individual is substantially incapable of applying an understanding of the advantages, disadvantages and alternatives to his or her serious and persistent mental illness in order to make an informed choice as to whether to accept or refuse psychotropic medication.
History:  1975 c. 430; 1977 c. 187, 428; 1979 c. 89, 336; 1985 a. 29; 1987 a. 366; 1995 a. 268; 2003 a. 33; 2005 a. 264.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.76 - Compact administrator.

51.76
Compact administrator.
Pursuant to the interstate compact on mental health, the secretary shall be the compact administrator and, acting jointly with like officers of other party states, may promulgate rules to carry out more effectively the terms of the compact. The compact administrator shall cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or any supplementary agreement entered into by this state thereunder.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.77 - Transfer of patients.

51.77
Transfer of patients.
(1)
In this section “relatives" means the patient's spouse, parents, grandparents, adult children, adult siblings, adult aunts, adult uncles and adult cousins, and any other relative with whom the patient has resided in the previous 10 years.
(2)
Transfer of patients out of Wisconsin to another state under the interstate compact on mental health shall be upon recommendation of no less than 3 physicians licensed under ch. 448 appointed by the court of competent jurisdiction and shall be only in accord with the following requirements:
(a)
That the transfer be requested by the patient's relatives or guardian or a person with whom the patient has resided for a substantial period on other than a commercial basis. This requirement does not preclude the compact administrator or the institution in which the patient is in residence from suggesting that relatives or the guardian request such transfer.
(b)
That the compact administrator determine that the transfer of the patient is in the patient's best interest.
(c)
That the patient have either interested relatives in the receiving state or a determinable interest in the receiving state.
(d)
That the patient, guardian and relatives, as determined by the patient's records, whose addresses are known or can with reasonable diligence be ascertained, be notified.
(e)
That none of the persons given notice under par. (d) object to the transfer of said patient within 30 days of receipt of such notice.
(f)
That records of the intended transfer, including proof of service of notice under par. (d) be reviewed by the court assigned to exercise probate jurisdiction for the county in which the patient is confined or by any other court which a relative or guardian requests to do so.
(3)
If the request for transfer of a patient is rejected for any of the reasons enumerated under sub. (2), the compact administrator shall notify all persons making the request as to why the request was rejected and of the patient's right to appeal the decision to a competent court.
(4)
If the patient, guardian or any relative feels that the objections of other relatives or of the compact administrator raised under sub. (2) are not well-founded in preventing transfer, such person may appeal the decision not to transfer to a competent court having jurisdiction which shall determine, on the basis of evidence by the interested parties and psychiatrists, psychologists and social workers who are acquainted with the case, whether transfer is in the best interests of the patient. The requirements of sub. (2) (c) shall apply to this subsection.
(5)
The determination of mental illness or developmental disability in proceedings in this state requires a finding of a court in accordance with the procedure contained in s. 51.20.
History:  1975 c. 430; 1977 c. 449; 1991 a. 316.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.78 - Supplementary agreements.

51.78
Supplementary agreements.
The compact administrator may enter into supplementary agreements with appropriate officials of other states under s. 51.75 (7) and (11). If such supplementary agreements require or contemplate the use of any institution or facility of this state or county or require or contemplate the provision of any service by this state or county, no such agreement shall take effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service.
History:  1981 c. 390.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.79 - Transmittal of copies.

51.79
Transmittal of copies.
Duly authorized copies of ss. 51.75 to 51.80 shall, upon its approval, be transmitted by the secretary of state to the governor of each state, the attorney general and the administrator of general services of the United States and the council of state governments.
History:  1979 c. 89.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.81 - Uniform extradition of persons of unsound mind act; definitions.

51.81
Uniform extradition of persons of unsound mind act; definitions.
The terms “flight" and “fled" as used in ss. 51.81 to 51.85 shall be construed to mean any voluntary or involuntary departure from the jurisdiction of the court where the proceedings hereinafter mentioned may have been instituted and are still pending with the effect of avoiding, impeding or delaying the action of the court in which such proceedings may have been instituted or be pending, or any such departure from the state where the person demanded then was, if the person then was under detention by law as a person of unsound mind and subject to detention. The word “state" wherever used in ss. 51.81 to 51.85 shall include states, territories, districts and insular and other possessions of the United States. As applied to a request to return any person within the purview of ss. 51.81 to 51.85 to or from the District of Columbia, the words, “executive authority," “governor" and “chief magistrate," respectively, shall include a justice of the supreme court of the District of Columbia and other authority.
History:  1971 c. 40 s. 93; 1991 a. 316.