51.39   Resident patients on unauthorized absence.
51.40   Determination of residence for certain adults; county of responsibility.
51.41   Milwaukee County mental health; Milwaukee County mental health board.
51.42   Community mental health, developmental disabilities, alcoholism and drug abuse services.
51.421   Community support programs.
51.422   Opioid and methamphetamine treatment programs.
51.4223   Reporting by methadone treatment programs.
51.4224   Opioid treatment.
51.423   Grants-in-aid.
51.437   Developmental disabilities services.
51.44   Early intervention services.
51.442   Child psychiatry consultation program.
51.448   Addiction medicine consultation program.
51.45   Prevention and control of alcoholism and drug dependence.
51.46   Priority for pregnant women for private treatment for alcohol or other drug abuse.
51.47   Alcohol and other drug abuse treatment for minors without parental consent.
51.48   Alcohol and other drug testing, assessment, and treatment of minor without minor's consent.
51.49   Pretrial intoxicated driver intervention grant program.
51.59   Incompetency not implied.
51.60   Appointment of counsel.
51.605   Reimbursement for counsel provided by the state.
51.61   Patients rights.
51.62   Protection and advocacy system.
51.63   Private pay for patients.
51.64   Reports of death required; penalty; assessment.
51.65   Segregation of tuberculosis patients.
51.67   Alternate procedure; protective services.
51.75   Interstate compact on mental health.
51.76   Compact administrator.
51.77   Transfer of patients.
51.78   Supplementary agreements.
51.79   Transmittal of copies.
51.80   Patients' rights.
51.81   Uniform extradition of persons of unsound mind act; definitions.
51.82   Delivery of certain nonresidents.
51.83   Authentication of demand; discharge; costs.
51.84   Limitation of time to commence proceeding.
51.85   Interpretation.
51.87   Interstate contracts for services under this chapter.
51.90   Antidiscrimination.
51.91   Supplemental aid.
51.95   Short title.
Ch. 51 Cross-reference Cross-reference: See s. 46.011 for definitions applicable to chs. 46, 50, 51, 54, 55, and 58.
51.001 51.001 Legislative policy.
51.001(1) (1) It is the policy of the state to assure the provision of a full range of treatment and rehabilitation services in the state for all mental disorders and developmental disabilities and for mental illness, alcoholism and other drug abuse. There shall be a unified system of prevention of such conditions and provision of services which will assure all people in need of care access to the least restrictive treatment alternative appropriate to their needs, and movement through all treatment components to assure continuity of care, within the limits of available state and federal funds and of county funds required to be appropriated to match state funds.
51.001(2) (2) To protect personal liberties, no person who can be treated adequately outside of a hospital, institution or other inpatient facility may be involuntarily treated in such a facility.
51.001 History History: 1975 c. 430; 1995 a. 92.
51.01 51.01 Definitions. As used in this chapter, except where otherwise expressly provided:
51.01(1) (1) “Alcoholic" means a person who is suffering from alcoholism.
51.01(1m) (1m) “Alcoholism" is a disease which is characterized by the dependency of a person on the drug alcohol, to the extent that the person's health is substantially impaired or endangered or his or her social or economic functioning is substantially disrupted.
51.01(2) (2) “Approved treatment facility" means any publicly or privately operated treatment facility or unit thereof approved by the department for treatment of alcoholic, drug dependent, mentally ill or developmentally disabled persons.
51.01(2c) (2c) “Approved tribal treatment facility" means a treatment agency that operates under the direction and control of a federally recognized American Indian tribe or band in this state and meets the standards prescribed for approved treatment facilities under s. 51.45 (8) (a) and is approved under s. 51.45 (8) (c).
51.01(2g) (2g)
51.01(2g)(a)(a) “Brain injury" means any injury to the brain, regardless of age at onset, whether mechanical or infectious in origin, including brain trauma, brain damage and traumatic head injury, the results of which are expected to continue indefinitely, which constitutes a substantial handicap to the individual, and which directly results in any 2 or more of the following:
51.01(2g)(a)1. 1. Attention impairment.
51.01(2g)(a)2. 2. Cognition impairment.
51.01(2g)(a)3. 3. Language impairment.
51.01(2g)(a)4. 4. Memory impairment.
51.01(2g)(a)5. 5. Conduct disorder.
51.01(2g)(a)6. 6. Motor disorder.
51.01(2g)(a)7. 7. Any other neurological dysfunction.
51.01(2g)(am) (am) “Brain injury" includes any injury to the brain under par. (a) that is vascular in origin if received by a person prior to his or her attaining the age of 22 years.
51.01(2g)(b) (b) “Brain injury" does not include alcoholism, Alzheimer's disease as specified under s. 46.87 (1) (a), or degenerative brain disorder, as defined in s. 55.01 (1v).
51.01(3) (3) “Center for the developmentally disabled" means any facility which is operated by the department and which provides services including, but not limited to, 24-hour treatment, consultation, training and education for developmentally disabled persons.
51.01(3n) (3n) “Community mental health program" means a program to provide community-based outpatient mental health services that is operated by or under contract with a county department of community programs or that requests payment for the services under the medical assistance program or under benefits required under s. 632.89 (2).
51.01(3s) (3s) “Community support program" means a coordinated care and treatment system that provides a network of services through an identified treatment program and staff to ensure ongoing therapeutic involvement and individualized treatment in the community for individuals with serious and persistent mental illness.
51.01(4) (4) “Conditional transfer" means a transfer of a patient or resident to a less restrictive environment for treatment which is made subject to conditions imposed for the benefit of the patient or resident.
51.01(4g) (4g) “County of residence" means the county that is determined under s. 51.40 to be the county of residence.
51.01(4r) (4r) “Degenerative brain disorder" means the loss or dysfunction of brain cells to the extent that the individual is substantially impaired in his or her ability to provide adequately for his or her own care or custody or to manage adequately his or her property or financial affairs.
51.01(5) (5)
51.01(5)(a)(a) “Developmental disability" means a disability attributable to brain injury, cerebral palsy, epilepsy, autism, Prader-Willi syndrome, intellectual disability, or another neurological condition closely related to an intellectual disability or requiring treatment similar to that required for individuals with an intellectual disability, which has continued or can be expected to continue indefinitely and constitutes a substantial handicap to the afflicted individual. “Developmental disability" does not include dementia that is primarily caused by degenerative brain disorder.
51.01(5)(b) (b) “Developmental disability", for purposes of involuntary commitment, does not include cerebral palsy or epilepsy.
51.01(6) (6) “Director" means the person in charge of a state treatment facility, state or local treatment center, or approved private facility.
51.01(7) (7) “Discharge" of a patient who is under involuntary commitment orders means a termination of custody and treatment obligations of the patient to the authority to which the patient was committed by court action. The “discharge" of a patient who is voluntarily admitted to a treatment program or facility means a termination of treatment obligations between the patient and the treatment program or facility.
51.01(8) (8) “Drug dependence" means a disease that is characterized by a person's use of one or more drugs that is beyond the person's ability to control to the extent that the person's physical health is substantially impaired or his or her social or economic functioning is substantially disrupted.
51.01(8b) (8b) “Drug dependent" means suffering from drug dependence.
51.01(9) (9) “Hospital" has the meaning given under s. 50.33.
51.01(10) (10) “Inpatient facility" means a public or private hospital or unit of a hospital which has as its primary purpose the diagnosis, treatment and rehabilitation of mental illness, developmental disability, alcoholism or drug abuse and which provides 24-hour care.
51.01(10m) (10m) “Juvenile correctional facility" has the meaning given in s. 938.02 (10p).
51.01(11) (11) “Law enforcement officer" means any person who by virtue of the person's office or public employment is vested by law with the duty to maintain public order or to make arrests for crimes while acting within the scope of the person's authority.
51.01(11m) (11m) “Licensed mental health professional" has the meaning given in s. 632.89 (1) (dm).
51.01(12) (12) “Mental health institute" means any institution operated by the department for specialized psychiatric services, research, education, and which is responsible for consultation with community programs for education and quality of care.
51.01(13) (13)
51.01(13)(a)(a) “Mental illness" means mental disease to such extent that a person so afflicted requires care and treatment for his or her own welfare, or the welfare of others, or of the community.
51.01(13)(b) (b) “Mental illness", for purposes of involuntary commitment, means a substantial disorder of thought, mood, perception, orientation, or memory which grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life, but does not include alcoholism.
51.01(14) (14) “Residence" has the meaning given under s. 49.001 (6).
51.01(14k) (14k) “Secured residential care center for children and youth" has the meaning given in s. 938.02 (15g).
51.01(14t) (14t) “Serious and persistent mental illness" means a mental illness that is severe in degree and persistent in duration, that causes a substantially diminished level of functioning in the primary aspects of daily living and an inability to cope with the ordinary demands of life, that may lead to an inability to maintain stable adjustment and independent functioning without long-term treatment and support, and that may be of lifelong duration. “Serious and persistent mental illness" includes schizophrenia as well as a wide spectrum of psychotic and other severely disabling psychiatric diagnostic categories, but does not include degenerative brain disorder or a primary diagnosis of a developmental disability or of alcohol or drug dependence.
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2015-16 Wisconsin Statutes updated through 2017 Wis. Act 123 and all Supreme Court and Controlled Substances Board Orders effective on or before December 8, 2017. Published and certified under s. 35.18. Changes effective after December 8, 2017 are designated by NOTES. (Published 12-8-17)