LRB-5104/1
TJD:kjf
2017 - 2018 LEGISLATURE
January 18, 2018 - Introduced by Representatives Loudenbeck, C. Taylor, Kolste,
Berceau, Duchow, Kitchens, Mursau, Novak, Quinn, Rohrkaste, Sinicki,
Spiros and Subeck, cosponsored by Senators Darling, Olsen and L. Taylor.
Referred to Committee on Mental Health.
AB848,1,3 1An Act to amend 46.03 (18) (b) and 51.61 (6); and to create 51.138 of the
2statutes; relating to: emergency outpatient mental health treatment for
3minors.
Analysis by the Legislative Reference Bureau
This bill allows a treatment director to provide outpatient mental health
treatment to children for 30 days without first obtaining informed consent if 1) an
emergency situation exists, or time and distance requirements preclude obtaining
written consent before beginning outpatient mental health treatment, and potential
harm will come to the child or others if treatment is not initiated before written
consent is obtained; and 2) a reasonable effort was made to obtain consent from the
child's parent or guardian. During the 30-day treatment period, the treatment
director of the outpatient mental health treatment provider must either obtain
informed, written consent of a parent or guardian of the child or, if consent is not
obtained, file a petition to initiate a review of outpatient mental health treatment of
a minor under the current law procedure. Under the 30-day emergency treatment
period established in the bill, no one may prescribe medications to the child seeking
mental health treatment or admit the child to any inpatient facility without consent
of the child's parent or guardian. Similar to the current procedure for billing a child
for alcohol and other drug services, the bill requires the treatment director of the
outpatient mental health treatment provider to obtain the child's consent before
billing a third party for services provided under this bill when consent of a parent or
guardian has not been obtained. If the child does not consent to billing a third party,

the child is responsible for paying for the services, which the Department of Health
Services must bill to the child with the fee based solely on the child's ability to pay.
Review of outpatient mental health treatment of children 14 years of age or
older is unchanged by this bill. Currently, the review may be instigated by a child
who is 14 years of age or older, or a person acting on the minor's behalf, and whose
parent or guardian refuses or is unable to provide informed consent for outpatient
mental health treatment or by a treatment director of a facility providing treatment
to a child despite the child's refusal to consent. Within 21 days after the filing of a
petition for review, a mental health review officer designated by the court must hold
a hearing on the petition and must order either that informed consent by the parent
or guardian is not required to treat the child or that treatment of the child is
appropriate despite the child's objection, whichever is appropriate. After the mental
health review officer's order, the child or someone acting on the child's behalf may
petition the court for judicial review.
A procedure exists under current law for admission for inpatient mental health
and alcohol and other drug abuse treatment for children without parental consent
or without the child's consent depending on the age of the minor. Current law also
allows a physician or credentialed health care facility to provide certain services for
alcohol and other drug abuse to a child 12 years of age or over without parental
consent or notification if a parent or legal guardian cannot be found or if there is no
parent with legal custody.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB848,1 1Section 1. 46.03 (18) (b) of the statutes is amended to read:
AB848,3,22 46.03 (18) (b) Except as provided in s. 46.10 (14) (b) and (c), any person
3receiving services provided or purchased under par. (a) or the spouse of the person
4and, in the case of a minor, the parents of the person, and, in the case of a foreign child
5described in s. 48.839 (1) who became dependent on public funds for his or her
6primary support before an order granting his or her adoption, the resident of this
7state appointed guardian of the child by a foreign court who brought the child into
8this state for the purpose of adoption, shall be liable for the services in the amount
9of the fee established under par. (a). If a minor receives services without consent of

1a parent or guardian under s. 51.138 or 51.47, the department shall base the fee
2solely on the minor's ability to pay.
AB848,2 3Section 2. 51.138 of the statutes is created to read:
AB848,3,5 451.138 Emergency outpatient treatment for minors. (1) In this section,
5“outpatient mental health treatment” has the meaning given in s. 51.14 (1).
AB848,3,9 6(2) Subject to sub. (4), a treatment director of an outpatient mental health
7treatment provider may provide outpatient mental health treatment to a minor for
830 days without first obtaining informed consent if all of the following criteria are
9satisfied:
AB848,3,1410 (a) An emergency situation exists, as determined by the treatment director of
11an outpatient mental health treatment provider, or time and distance requirements
12preclude obtaining written consent before beginning outpatient mental health
13treatment, and potential harm will come to the minor or others if treatment is not
14initiated before written consent is obtained.
AB848,3,1615 (b) A reasonable effort has been made to obtain consent from a parent or
16guardian of the minor before initiating treatment.
AB848,3,21 17(3) During the 30-day treatment period under sub. (2), the treatment director
18of the outpatient mental health treatment provider shall either obtain informed,
19written consent of a parent or guardian of the minor or, if consent is not obtained, file
20a petition to initiate a review of outpatient mental health treatment of a minor, if
21applicable, under s. 51.14.
AB848,3,25 22(4) No person may, under the treatment period under sub (2), without the
23consent of a parent or guardian of the minor, prescribe medications to the minor who
24is seeking treatment for a mental health condition or admit a minor to an inpatient
25facility or an inpatient treatment facility without the consent of a parent or guardian.
AB848,4,6
1(5) For services provided under this section when consent of a parent or
2guardian has not been obtained, the treatment director of an outpatient mental
3health treatment provider shall obtain the minor's consent before billing a 3rd party
4for the services. If the minor does not consent to billing a 3rd party, the minor shall
5be responsible for paying for the services, which the department shall bill to the
6minor under s. 46.03 (18) (b).
AB848,3 7Section 3. 51.61 (6) of the statutes is amended to read:
AB848,5,58 51.61 (6) Subject to the rights of patients provided under this chapter, the
9department, county departments under s. 51.42 or 51.437, and any agency providing
10services under an agreement with the department or those county departments have
11the right to use customary and usual treatment techniques and procedures in a
12reasonable and appropriate manner in the treatment of patients who are receiving
13services under the mental health system, for the purpose of ameliorating the
14conditions for which the patients were admitted to the system. The written,
15informed consent of any patient shall first be obtained, unless the person has been
16found not competent to refuse medication and treatment under s. 51.61 (1) (g) or the
17person is a minor 14 years of age or older who is receiving services for alcoholism or
18drug abuse or a minor under 14 years of age who is receiving services for mental
19illness, developmental disability, alcoholism, or drug abuse. In the case of such a
20minor, the written, informed consent of the parent or guardian is required, except as
21provided under an order issued under s. 51.13 (1) (c) or 51.14 (3) (h) or (4) (g), or as
22provided in s. 51.138 or 51.47. If Except as provided in s. 51.138, if the minor is 14
23years of age or older and is receiving services for mental illness or developmental
24disability, the written, informed consent of the minor and the minor's parent or
25guardian is required, except that a refusal of either such a minor 14 years of age or

1older or the minor's parent or guardian to provide written, informed consent for
2admission or transfer to an approved inpatient treatment facility is reviewable
3under s. 51.13 (1) (c), (3), or (4), or 51.35 (3) (b), and a refusal of either a minor 14 years
4of age or older or the minor's parent or guardian to provide written, informed consent
5for outpatient mental health treatment is reviewable under s. 51.14.
AB848,5,66 (End)
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