Amendment SA1-SSA1-SB565

LRBa2061/1

TJD:jld&sac:rs

2013 - 2014 LEGISLATURE

SENATE AMENDMENT 1, TO SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 565

March 11, 2014 - Offered by Senators Carpenter, L. Taylor and Vukmir.

SB565-SSA1-SA1,1,1 At the locations indicated, amend the substitute amendment as follows:

SB565-SSA1-SA1,1,2 1. Page 2, line 17: after that line insert:

SB565-SSA1-SA1,1,4 " Section 2d. 15.07 (1) (b) 24. of the statutes, as created by 2013 Wisconsin Act .... (this act), is repealed.".

SB565-SSA1-SA1,1,5 2. Page 3, line 8: after that line insert:

SB565-SSA1-SA1,1,7 " Section 3d. 15.07 (1) (cm) of the statutes, as affected by 2013 Wisconsin Act .... (this act), is amended to read:

SB565-SSA1-SA1,2,8 15.07 (1) (cm) The term of one member of the government accountability board shall expire on each May 1. The terms of the 3 members of the land and water conservation board appointed under s. 15.135 (4) (b) 2. shall expire on January 1. The term of the member of the land and water conservation board appointed under s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered year. The terms of the appraiser members of the real estate appraisers board and the terms of the auctioneer and auction company representative members of the auctioneer board shall expire on May 1 in an even-numbered year. The terms of the members of the cemetery board shall expire on July 1 in an even-numbered year. The term of the student member of the Board of Regents of the University of Wisconsin System who is at least 24 years old shall expire on May 1 of every even-numbered year. The terms of 6 of the members of the Milwaukee County mental health board appointed under s. 15.195 (9) (b) shall expire on May 1 of an even-numbered year.".

SB565-SSA1-SA1,2,9 3. Page 3, line 12: after that line insert:

SB565-SSA1-SA1,2,11 " Section 4d. 15.07 (3) (bm) 7. of the statutes, as created by 2013 Wisconsin Act .... (this act), is repealed.".

SB565-SSA1-SA1,2,12 4. Page 4, line 20: delete "prescriber".

SB565-SSA1-SA1,2,13 5. Page 5, line 3: delete "nurse prescribers" and substitute "nurses".

SB565-SSA1-SA1,2,14 6. Page 9, line 12: after that line insert:

SB565-SSA1-SA1,2,16 " Section 5d. 15.195 (9) of the statutes, as created by 2013 Wisconsin Act .... (this act), is repealed.".

SB565-SSA1-SA1,2,17 7. Page 10, line 5: after that line insert:

SB565-SSA1-SA1,2,19 " Section 6d. 17.07 (3r) of the statutes, as created by 2013 Wisconsin Act .... (this act), is repealed.

SB565-SSA1-SA1,6j Section 6j. 19.42 (7w) (e) of the statutes is created to read:

SB565-SSA1-SA1,2,22 19.42 (7w) (e) The position of member of the Milwaukee County mental health board as created under s. 51.41 (1d).".

SB565-SSA1-SA1,2,23 8. Page 10, line 10: after that line insert:

SB565-SSA1-SA1,3,2 " Section 7d. 20.435 (5) (kf) of the statutes, as created by 2013 Wisconsin Act .... (this act), is repealed.

SB565-SSA1-SA1,7s Section 7s. 46.011 (1s) of the statutes is created to read:

SB565-SSA1-SA1,3,5 46.011 (1s) "Milwaukee County mental health board" means the Milwaukee County mental health board created under s. 51.41 (1d).".

SB565-SSA1-SA1,3,8 9. Page 26, line 25: after " board." insert "(1d) Milwaukee County mental health board; appointments; requirements; vacancies. (a) Milwaukee County shall establish the Milwaukee County mental health board.

SB565-SSA1-SA1,3,11 (b) Subject to par. (d), the board shall consist of the following 11 voting members appointed by the Milwaukee County executive for 4-year terms except for the members under subds. 10. and 11.:

SB565-SSA1-SA1,3,20 1. A psychiatrist or psychologist who is suggested by the Milwaukee County board of supervisors. The Milwaukee County board of supervisors shall solicit suggestions for psychiatrists and psychologists from organizations including the Wisconsin Medical Society, the Medical Society of Milwaukee, the Wisconsin Psychological Association, the Wisconsin Psychiatric Association, and the Wisconsin Association of Family and Children's Agencies for individuals who specialize in a full continuum of behavioral health services for children. The Milwaukee County board of supervisors shall suggest to the Milwaukee County executive 4 psychiatrists and psychologists for this board membership position.

SB565-SSA1-SA1,4,5 2. A psychiatrist or psychologist who is suggested by the Milwaukee County board of supervisors. The Milwaukee County board of supervisors shall solicit suggestions for psychiatrists and psychologists from organizations including the Wisconsin Medical Society, the Medical Society of Milwaukee, the Wisconsin Psychological Association, the Wisconsin Psychiatric Association, and the Milwaukee Co-occurring Competency Cadre for individuals who specialize in a full continuum of behavioral health services for adults. The Milwaukee County board of supervisors shall suggest to the Milwaukee County executive 4 psychiatrists and psychologists for this board membership position.

SB565-SSA1-SA1,4,13 3. A representative of the community who is a consumer of mental health services and who is suggested by the Milwaukee County board of supervisors. The Milwaukee County board of supervisors shall solicit suggestions for individuals who have experienced mental illness or substance abuse from organizations including Warmline, the Milwaukee Mental Health Task Force, and the Milwaukee Co-occurring Competency Cadre. The Milwaukee County board of supervisors shall suggest to the Milwaukee County executive 4 representatives of the community for this board membership position.

SB565-SSA1-SA1,4,22 4. A psychiatric mental health advanced practice nurse who is suggested by the Milwaukee County board of supervisors. The Milwaukee County board of supervisors shall solicit suggestions from organizations including the Wisconsin Nurses Association for individuals who specialize in a full continuum of behavioral health and medical services including emergency detention, inpatient, residential, transitional, partial hospitalization, intensive outpatient, and wraparound community-based services. The Milwaukee County board of supervisors shall suggest to the Milwaukee County executive 4 psychiatric mental health advanced practice nurses for this board membership position.

SB565-SSA1-SA1,5,4 5. An individual specializing in finance and administration. The Milwaukee County executive shall solicit suggestions from organizations including the Wisconsin Hospital Association, the Wisconsin County Human Services Association, and the Public Policy Forum for at least 4 individuals with experience in analyzing healthcare operating expenses, revenues, and reimbursement, knowledge of public and private funding and systems, and expertise in financial restructuring for sustainability.

SB565-SSA1-SA1,5,9 6. A health care provider with experience in the delivery of substance abuse services. The Milwaukee County executive shall solicit suggestions from organizations including the Wisconsin Nurses Association and the Milwaukee Co-occurring Competency Cadre for at least 4 health care providers specializing in providing substance abuse services.

SB565-SSA1-SA1,5,15 7. An individual with legal expertise. The Milwaukee County executive shall solicit suggestions from organizations including the Legal Aid Society of Milwaukee, Legal Action of Wisconsin, Community Justice Counsel, and Disability Rights Wisconsin for at least 4 individuals who have legal expertise specializing in emergency detention regulatory requirements including policies, procedures, provider responsibilities, and patient rights.

SB565-SSA1-SA1,5,25 8. A health care provider representing community-based mental health service providers who is suggested by the Milwaukee County board of supervisors. The Milwaukee County board of supervisors shall solicit suggestions from organizations including the Wisconsin Nurses Association, the Milwaukee Health Care Partnership, the Milwaukee Mental Health Task Force, and the Milwaukee Co-occurring Competency Cadre for health care providers specializing in community-based, recovery-oriented, mental health systems. The Milwaukee County board of supervisors shall suggest to the Milwaukee County executive 4 health care providers representing community-based mental health service providers for this board membership position.

SB565-SSA1-SA1,6,6 9. An individual who is a consumer or family member representing community-based mental health service providers. The Milwaukee County executive shall solicit suggestions from organizations including the Milwaukee Health Care Partnership, the Milwaukee Mental Health Task Force, and the Milwaukee Co-occurring Competency Cadre for at least 4 consumers and family members representing community-based mental health service providers.

SB565-SSA1-SA1,6,12 10. The chairperson of the county community programs board in Milwaukee County under s. 51.42 (4), or his or her designee who is not an elected official as defined in s. 5.02 (3m). If the chairperson of the county community programs board in Milwaukee County is an elected official, the chairperson shall designate a member of the county community programs board who is not an elected official to be a member under this subdivision.

SB565-SSA1-SA1,6,14 11. The chairperson of the Milwaukee Mental Health Task Force, or his or her designee.

SB565-SSA1-SA1,6,16 (c) Subject to par. (d), the board shall consist of the following 2 nonvoting members appointed by the Milwaukee County executive for 4-year terms:

SB565-SSA1-SA1,7,3 1. A health care provider who is an employee of a higher education institution suggested by the Medical College of Wisconsin. The Milwaukee County executive shall solicit suggestions from the Medical College of Wisconsin for individuals specializing in community-based, recovery-oriented mental health systems, maximizing comprehensive community-based services, prioritizing access to community-based services and reducing reliance on institutional and inpatient care, protecting the personal liberty of individuals experiencing mental illness so that they may be treated in the least restrictive environment to the greatest extent possible, providing early intervention to minimize the length and depth of psychotic and other mental health episodes, diverting people from the corrections system, when appropriate, or maximizing the use of mobile crisis units and crisis intervention training.

SB565-SSA1-SA1,7,15 2. A health care provider who is an employee of a higher education institution suggested by the University of Wisconsin—Madison. The Milwaukee County executive shall solicit suggestions from the University of Wisconsin—Madison for individuals specializing in community-based, recovery-oriented mental health systems, maximizing comprehensive community-based services, prioritizing access to community-based services and reducing reliance on institutional and inpatient care, protecting the personal liberty of individuals experiencing mental illness so that they may be treated in the least restrictive environment to the greatest extent possible, providing early intervention to minimize the length and depth of psychotic and other mental health episodes, diverting people from the corrections system, when appropriate, or maximizing the use of mobile crisis units and crisis intervention training.

SB565-SSA1-SA1,7,17 (d) 1. The Milwaukee County executive shall ensure that one of the members under par. (b) 1. and 2. is a psychologist.

SB565-SSA1-SA1,7,20 2. A person nominating or suggesting individuals for nomination under par. (b) shall attempt to ensure that individuals suggested are among the most-qualified and experienced in their field.

SB565-SSA1-SA1,7,25 3. a. In this subdivision, "cultural competency" means the ability to understand and act respectfully toward, in a cultural context, the beliefs, interpersonal styles, attitudes, and behaviors of persons and families of various cultures, including persons and families who receive mental health services in Milwaukee County and persons and families who provide mental health services in Milwaukee County.

SB565-SSA1-SA1,8,3 b. Members under par. (b) collectively shall possess cultural competency and shall reflect the population that is serviced by the Milwaukee County mental health system.

SB565-SSA1-SA1,8,5 4. No member of the board may be an employee of Milwaukee County at the time of nomination.

SB565-SSA1-SA1,8,12 5. No member of the board may be a lobbyist, as defined in s. 13.62 (11). No member of the board may directly or indirectly solicit or receive subscriptions or contributions for any partisan political party or any political purpose while appointed to the board. No member of the board may engage in any form of political activity calculated to favor or improve the chances of any political party or any person seeking or attempting to hold partisan office. No member of the board may hold an elected office. Any violation of this subdivision is adequate grounds for dismissal.

SB565-SSA1-SA1,8,20 6. No member under par. (b) may serve more than 2 consecutive terms in a membership position for which suggestions for nomination are made by the same individual or entity, except that a member may serve 3 consecutive terms in a membership position for which suggestions for nomination are made by the same individual or entity if one of those 3 terms is for less than 2 years. An individual who has served 2 consecutive 4-year terms or 3 consecutive terms totalling less than 10 years is eligible to be suggested for nomination as a member under par. (b) after the individual has not served on the board for 12 months.

SB565-SSA1-SA1,9,6 7. Notwithstanding par. (b) 1., 2., 3., 4., and 8. and subject to subd. 6., if the Milwaukee County board of supervisors chooses to suggest a member of the Milwaukee County mental health board for reappointment to his or her position under par. (b) 1., 2., 3., 4., or 8., the Milwaukee County board of supervisors is not required to solicit suggestions from organizations and is not required to submit an additional 3 suggestions to the Milwaukee County executive for that appointment. Notwithstanding par. (b) 5., 6., 7., and 9. and subject to subd. 6., if the Milwaukee County executive chooses to suggest a member of the Milwaukee County mental health board for reappointment to his or her position under par. (b) 5., 6., 7., or 9., the Milwaukee County executive is not required to solicit suggestions from organizations for that appointment.

SB565-SSA1-SA1,9,9 8. Notwithstanding s. 59.17 (2) (c), appointment of members under pars. (b) and (c) to the Milwaukee County mental health board is not subject to approval of the Milwaukee County board of supervisors.

SB565-SSA1-SA1,9,12 (f) At its first meeting in each year, the Milwaukee County mental health board shall elect a chairperson, vice chairperson, and secretary each of whom may be reelected for successive terms.