SB55-ASA1-AA1,464,10
1050.90 Definitions. (intro.) In this
subchapter section to s. 50.981:
SB55-ASA1-AA1,464,14
1250.91 Departmental powers and duties. The department shall provide
13uniform, statewide licensing, inspection and regulation of hospices as specified in
14this subchapter ss. 50.90 to 50.981.
SB55-ASA1-AA1,464,1916
50.92
(2) The department shall issue a license if the department finds that the
17applicant is fit and qualified and that the hospice meets the requirements of
this
18subchapter ss. 50.90 to 50.981 and the rules promulgated under
this subchapter ss.
1950.90 to 50.981.
SB55-ASA1-AA1,465,221
50.92
(3) The department or the department's designated representative shall
22inspect or investigate a hospice prior to issuance of a license for the hospice except
23as provided in sub. (4) and may inspect or investigate a hospice as the department
24deems necessary, including conducting home visits or a review of health care records
1of any individuals with terminal illness served by the hospice, to determine if any
2person is in violation of
this subchapter ss. 50.90 to 50.981.
SB55-ASA1-AA1,465,9
450.925 Use of name or advertising prohibited. No entity that is not a
5hospice licensed under
this subchapter ss. 50.90 to 50.981 or an applicant for a
6license or a provisional license under
this subchapter
ss. 50.90 to 50.981 may
7designate itself as a "hospice" or use the word "hospice" to represent or tend to
8represent the entity as a hospice or services provided by the entity as services
9provided by a hospice.
SB55-ASA1-AA1,465,2011
50.93
(3) Provisional license. If the applicant has not been previously licensed
12under
this subchapter s. 50.92 or if the hospice is not in operation at the time that
13application is made, the department may issue a provisional license. Unless sooner
14suspended or revoked under sub. (4), a provisional license shall be valid for 24
15months from the date of issuance. Within 30 days prior to the termination of a
16provisional license, the department shall fully and completely inspect the hospice
17and, if the hospice meets the applicable requirements for licensure, shall issue a
18regular license under sub. (2). If the department finds that the hospice does not meet
19the requirements for licensure, the department may not issue a regular license under
20sub. (2).
SB55-ASA1-AA1,466,222
50.93
(4) (a) The department, after notice to the applicant or licensee, may
23suspend or revoke a license in any case in which the department finds that there has
24been a substantial failure to comply with the requirements of
this subchapter ss.
2550.90 to 50.981 or the rules promulgated under
this subchapter ss. 50.90 to 50.981.
1No state or federal funds passing through the state treasury may be paid to a hospice
2not having a valid license issued under this section.
SB55-ASA1-AA1,466,11
450.97 Right of injunction. The department may, upon the advice of the
5attorney general, who shall represent the department in all proceedings under this
6section, institute an action in the name of the state in the circuit court for Dane
7County for injunctive relief or other process against any licensee, owner, operator,
8administrator or representative of any owner of a hospice for the violation of any of
9the provisions of
this subchapter ss. 50.90 to 50.981 or rules promulgated under
this
10subchapter ss. 50.90 to 50.981 if the violation affects the health, safety or welfare of
11individuals with terminal illness.
SB55-ASA1-AA1,466,1813
50.98
(1) Any person who violates
this subchapter ss. 50.90 to 50.981 or rules
14promulgated under
this subchapter ss. 50.90 to 50.981 may be required to forfeit not
15more than $100 for the first violation and may be required to forfeit not more than
16$200 for the 2nd or any later violation within a year. The period shall be measured
17using the dates of issuance of citations of the violations. Each day of violation
18constitutes a separate violation.
SB55-ASA1-AA1,467,2
2050.981 Fees permitted for a workshop or seminar. If the department
21develops and provides a workshop or seminar relating to the provision of services by
22hospices under
this subchapter ss. 50.90 to 50.981, the department may establish a
23fee for each workshop or seminar and impose the fee on registrants for the workshop
24or seminar. A fee so established and imposed shall be in an amount sufficient to
1reimburse the department for the costs directly associated with developing and
2providing the workshop or seminar.".
SB55-ASA1-AA1,467,105
51.20
(19) (am) If an individual was found guilty but mentally ill under s.
6971.163 or 971.165 and was subsequently involuntarily committed under this
7section, the department of health and family services or the county department
8under s. 51.42 or 51.437, whichever is applicable, shall, upon the individual's
9discharge, prepare a report for the department of corrections that contains all of the
10following:
SB55-ASA1-AA1,467,1111
1. The individual's diagnosis.
SB55-ASA1-AA1,467,1312
2. A description of the individual's behavior before and while he or she was in
13the treatment facility.
SB55-ASA1-AA1,467,1514
3. The course of treatment of the individual while he or she was in the
15treatment facility.
SB55-ASA1-AA1,467,1716
4. The prognosis for the remission of symptoms and the potential for recidivism
17and for presenting a danger to himself or herself or others.
SB55-ASA1-AA1,467,1818
5. Recommendations for future treatment.
SB55-ASA1-AA1,467,2420
51.37
(8m) If an individual was found guilty but mentally ill under s. 971.163
21or 971.165 and was subsequently transferred to or detained in a state treatment
22facility under sub. (5), the department of health and family services shall, upon the
23individual's discharge, prepare a report for the department of corrections that
24contains all of the following:
SB55-ASA1-AA1,468,1
1(a) The individual's diagnosis.
SB55-ASA1-AA1,468,32
(b) A description of the individual's behavior before and while he or she was in
3the treatment facility.
SB55-ASA1-AA1,468,54
(c) The course of treatment of the individual while he or she was in the
5treatment facility.
SB55-ASA1-AA1,468,76
(d) The prognosis for the remission of symptoms and the potential for
7recidivism and for presenting a danger to himself or herself or others.
SB55-ASA1-AA1,468,88
(e) Recommendations for future treatment.".
SB55-ASA1-AA1,468,1611
51.15
(1) (a) (intro.) A law enforcement officer or other person authorized to
12take a child into custody under ch. 48 or to take a juvenile into custody under ch. 938
13may take an individual into custody if the officer or person has cause to believe that
14such the individual is mentally ill
or, except as provided in subd. 5., is drug
15dependent
, or
is developmentally disabled, and that the individual evidences any of
16the following:
SB55-ASA1-AA1,469,920
51.15
(4) (a) In counties having a population of 500,000 or more, the law
21enforcement officer or other person authorized to take a child into custody under ch.
2248 or to take a juvenile into custody under ch. 938 shall sign a statement of
23emergency detention which shall provide detailed specific information concerning
24the recent overt act, attempt
, or threat to act or omission on which the belief under
1sub. (1) is based and the names of the persons observing or reporting the recent overt
2act, attempt
, or threat to act or omission. The law enforcement officer or other person
3is not required to designate in the statement whether the subject individual is
4mentally ill, developmentally disabled
, or drug dependent, but shall allege that he
5or she has cause to believe that the individual evidences one or more of these
6conditions
if sub. (1) (a) 1., 2., 3. or 4. is believed or mental illness, if sub. (1) (a) 5.
7is believed. The law enforcement officer or other person shall deliver, or cause to be
8delivered, the statement to the detention facility upon the delivery of the individual
9to it.
SB55-ASA1-AA1,470,611
51.15
(5) Detention procedure; other counties. In counties having a
12population of less than 500,000, the law enforcement officer or other person
13authorized to take a child into custody under ch. 48 or to take a juvenile into custody
14under ch. 938 shall sign a statement of emergency detention
which that shall provide
15detailed specific information concerning the recent overt act, attempt
, or threat to
16act or omission on which the belief under sub. (1) is based and the names of persons
17observing or reporting the recent overt act, attempt
, or threat to act or omission. The
18law enforcement officer or other person is not required to designate in the statement
19whether the subject individual is mentally ill, developmentally disabled
, or drug
20dependent, but shall allege that he or she has cause to believe that the individual
21evidences one or more of these conditions
if sub. (1) (a) 1., 2., 3. or 4. is believed or
22mental illness, if sub. (1) (a) 5. is believed. The statement of emergency detention
23shall be filed by the officer or other person with the detention facility at the time of
24admission, and with the court immediately thereafter. The filing of the statement
25has the same effect as a petition for commitment under s. 51.20. When, upon the
1advice of the treatment staff, the director of a facility specified in sub. (2) determines
2that the grounds for detention no longer exist, he or she shall discharge the
3individual detained under this section. Unless a hearing is held under s. 51.20 (7)
4or 55.06 (11) (b), the subject individual may not be detained by the law enforcement
5officer or other person and the facility for more than a total of 72 hours, exclusive of
6Saturdays, Sundays
, and legal holidays.
SB55-ASA1-AA1,471,98
51.20
(1) (a) 2. e. For an individual, other than an individual who is alleged to
9be drug dependent or developmentally disabled, after the advantages and
10disadvantages of and alternatives to accepting a particular medication or treatment
11have been explained to him or her and because of mental illness, evidences either
12incapability of expressing an understanding of the advantages and disadvantages of
13accepting medication or treatment and the alternatives, or substantial incapability
14of applying an understanding of the advantages, disadvantages
, and alternatives to
15his or her mental illness in order to make an informed choice as to whether to accept
16or refuse medication or treatment; and evidences a substantial probability, as
17demonstrated by both the individual's treatment history and his or her recent acts
18or omissions, that the individual needs care or treatment to prevent further
19disability or deterioration and a substantial probability that he or she will, if left
20untreated, lack services necessary for his or her health or safety and suffer severe
21mental, emotional
, or physical harm that will result in the loss of the individual's
22ability to function independently in the community or the loss of cognitive or
23volitional control over his or her thoughts or actions. The probability of suffering
24severe mental, emotional
, or physical harm is not substantial under this subd. 2. e.
25if reasonable provision for the individual's care or treatment is available in the
1community and there is a reasonable probability that the individual will avail
2himself or herself of these services or if the individual is appropriate for protective
3placement under s. 55.06. Food, shelter
, or other care that is provided to an
4individual who is substantially incapable of obtaining food, shelter
, or other care for
5himself or herself by any person other than a treatment facility does not constitute
6reasonable provision for the individual's care or treatment in the community under
7this subd. 2. e. The individual's status as a minor does not automatically establish
8a substantial probability of suffering severe mental, emotional
, or physical harm
9under this subd. 2. e.
This subd. 2. e. does not apply after November 30, 2001.
SB55-ASA1-AA1,471,1811
51.20
(1) (ad) 1. If a petition under par. (a) is based on par. (a) 2. e., the petition
12shall be reviewed and approved by the attorney general or by his or her designee prior
13to
or within 12 hours after the time that it is filed. If the attorney general or his or
14her designee disapproves or fails to act with respect to the petition, the petition may
15not be filed.
If the attorney general or his or her designee disapproves or fails to act
16with respect to a petition under this subdivision within 12 hours after the time that
17it is filed, the individual, if detained under the petition, shall be released and the
18petition is void.
SB55-ASA1-AA1, s. 1965j
20Section 1965j. 51.20 (10) (cm) 1. of the statutes is renumbered 51.20 (10) (cm)
21and amended to read:
SB55-ASA1-AA1,472,1022
51.20
(10) (cm) Prior to or at the final hearing, for individuals for whom a
23petition is filed under sub. (1) (a) 2. e., the county department under s. 51.42 or 51.437
24shall furnish to the court and the subject individual an initial recommended written
25treatment plan that contains the goals of treatment, the type of treatment to be
1provided
, and the expected providers. The treatment plan shall address the
2individual's needs for inpatient care, residential services, community support
3services, medication and its monitoring, case management, and other services to
4enable the person to live in the community upon release from an inpatient facility.
5The treatment plan shall contain information concerning the availability of the
6needed services and community treatment providers' acceptance of the individual
7into their programs. The treatment plan is only a recommendation and is not subject
8to approval or disapproval by the court. Failure to furnish a treatment plan under
9this
subdivision paragraph does not constitute grounds for dismissal of the petition
10unless the failure is made in bad faith.
SB55-ASA1-AA1,472,1914
51.30
(3) (b) An individual's attorney or guardian ad litem
and the corporation
15counsel shall have access to the files and records of the court proceedings under this
16chapter without the individual's consent and without modification of the records in
17order to prepare for involuntary commitment or recommitment proceedings,
18reexaminations, appeals, or other actions relating to detention, admission
, or
19commitment under this chapter or ch. 971 or 975.
SB55-ASA1-AA1,472,2521
51.30
(4) (b) 11. To the subject individual's counsel or guardian ad litem
and
22the corporation counsel, without modification, at any time in order to prepare for
23involuntary commitment or recommitment proceedings, reexaminations, appeals
, or
24other actions relating to detention, admission, commitment
, or patients' rights under
25this chapter or ch. 48, 971
, or 975.
SB55-ASA1-AA1,473,144
51.13
(1) (a) Except as provided in
par. (c) and s. 51.45 (2m), the application for
5voluntary admission of a minor who is
under 14 years of age
or older to an approved
6inpatient treatment facility
for the primary purpose of treatment for alcoholism or
7drug abuse and the application for voluntary admission of a minor who is under 14
8years of age to an approved inpatient treatment facility for the primary purpose of
9treatment for mental illness, developmental disability, alcoholism, or drug abuse 10shall be executed by a parent who has legal custody of the minor or the minor's
11guardian. Any statement or conduct by a minor
under the age of 14 who is the subject
12of an application for voluntary admission under this paragraph indicating that the
13minor does not agree to admission to the facility shall be noted on the face of the
14application and shall be noted in the petition required by sub. (4).
SB55-ASA1-AA1,473,2016
51.13
(1) (b) The application for voluntary admission of a minor who is 14 years
17of age or
over older to an approved inpatient treatment facility for the primary
18purpose of treatment for mental illness or developmental disability shall be executed
19by the minor and a parent who has legal custody of the minor or the minor's guardian,
20except as provided in par. (c)
(1).
SB55-ASA1-AA1, s. 1966cd
21Section 1966cd. 51.13 (1) (c) of the statutes is renumbered 51.13 (1) (c) 1. and
22amended to read:
SB55-ASA1-AA1,474,1123
51.13
(1) (c) 1. If a minor 14 years of age or older wishes to be admitted to an
24approved inpatient treatment facility but a parent with legal custody or the guardian
1refuses to execute the application for admission or cannot be found, or if there is no
2parent with legal custody, the minor or a person acting on the minor's behalf may
3petition the court assigned to exercise jurisdiction under chs. 48 and 938 in the
4county of residence of the parent or guardian for approval of the admission. A copy
5of the petition and a notice of hearing shall be served upon the parent or guardian
6at his or her last-known address. If, after
a hearing, the court determines that the
7parent or guardian's consent
is
of the parent or guardian is being unreasonably
8withheld
or, that the parent or guardian cannot be found
, or that there is no parent
9with legal custody, and that the admission is proper under the standards prescribed
10in sub. (4) (d),
it the court shall approve the minor's admission without the
parent
11or guardian's consent
of the parent or guardian.
SB55-ASA1-AA1,474,14
123. The court may, at the minor's request, temporarily approve the admission
13pending hearing on the petition. If a hearing is held under
this subsection subd. 1.
14or 2., no review or hearing under sub. (4) is required.
SB55-ASA1-AA1,475,216
51.13
(1) (c) 2. If a minor under 14 years of age wishes to be admitted to an
17approved inpatient treatment facility but a parent with legal custody or the guardian
18cannot be found, or if there is no parent with legal custody, the minor or a person
19acting on the minor's behalf may petition the court assigned to exercise jurisdiction
20under chs. 48 and 938 in the county of residence of the parent or guardian for
21approval of the admission. A copy of the petition and a notice of hearing shall be
22served upon the parent or guardian at his or her last-known address. If, after a
23hearing, the court determines that the parent or guardian cannot be found or that
24there is no parent with legal custody, and that the admission is proper under the
1standards prescribed in sub. (4) (d), the court shall approve the minor's admission
2without the consent of the parent or guardian.
SB55-ASA1-AA1,475,104
51.13
(1) (d) A minor against whom a petition or statement has been filed under
5s. 51.15, 51.20
, or 51.45 (12) or (13) may be admitted under this section. The court
6may permit the minor to become a voluntary patient
pursuant to under this section
7upon approval by the court of an application executed
pursuant to under par. (a), (b)
, 8or (c)
, and the judge. The court shall then dismiss the proceedings under s. 51.15,
951.20
, or 51.45
(12) or (13). If a hearing is held under this subsection, no hearing
10under sub. (4) is required.
SB55-ASA1-AA1,475,2512
51.13
(1) (e) A minor may be admitted immediately upon the approval of the
13application executed under par. (a) or (b) by the treatment director of the facility or
14his or her designee or, in the case of a center for the developmentally disabled, the
15director of the center or his or her designee, and the director of the appropriate county
16department under s. 51.42 or 51.437 if
such the county department is to be
17responsible for the cost of the minor's therapy and treatment. Approval shall be
18based upon an informed professional opinion that the minor is in need of psychiatric
19services or services for developmental disability, alcoholism
, or drug abuse, that the
20treatment facility offers inpatient therapy or treatment
which that is appropriate for
21the minor's needs
, and that inpatient care in the facility is the least restrictive
22therapy or treatment consistent with the minor's needs.
In the case of a minor who
23is being admitted for the primary purpose of treatment for alcoholism or drug abuse,
24approval shall also be based on the results of an alcohol or other drug abuse
25assessment that conforms to the criteria specified in s. 938.547 (4).
SB55-ASA1-AA1,476,152
51.13
(2) (a) A minor may be admitted to an inpatient treatment facility
3without complying with the requirements of this section if the admission does not
4involve the department or a county department under s. 51.42 or 51.437, or a contract
5between a treatment facility and the department or
between a treatment facility and 6a county department.
The application for voluntary admission of a minor who is 14
7years of age or older to an inpatient treatment facility for the primary purpose of
8treatment for alcoholism or drug abuse and the application for voluntary admission
9of a minor who is under 14 years of age to an inpatient treatment facility for the
10primary purpose of treatment for mental illness, developmental disability,
11alcoholism, or drug abuse shall be executed by a parent who has legal custody of the
12minor or by the minor's guardian. The application for voluntary admission of a minor
13who is 14 years of age or
over older to an inpatient treatment facility for the primary
14purpose of treatment for mental illness or developmental disability shall be executed
15by the minor and a parent who has legal custody of the minor or the minor's guardian.
SB55-ASA1-AA1,477,217
51.13
(2) (b) Notwithstanding par. (a), any minor who is 14 years of age or older
18and who is admitted to an inpatient treatment facility for the primary purpose of
19treatment of mental illness
, or developmental disability
, alcoholism or drug abuse 20has the right to be discharged within 48 hours
of
after his or her request, as provided
21in sub. (7) (b). At the time of admission, any minor who is 14 years of age or older
and
22who is admitted to an inpatient treatment facility for the primary purpose of
23treatment for mental illness or developmental disability, and the minor's parent or
24guardian, shall be informed of this right orally and in writing by the director of the
1hospital or such person's designee. This paragraph does not apply to individuals who
2receive services in hospital emergency rooms.
SB55-ASA1-AA1,477,84
51.13
(2) (d) Writing materials for use in requesting a discharge shall be made
5available at all times to all minors who are 14 years of age or older
and who are 6admitted under this subsection
for the primary purpose of treatment for mental
7illness or developmental disability. The staff of the facility shall assist such minors
8in preparing or submitting requests for discharge.
SB55-ASA1-AA1,477,1810
51.13
(3) (b) A minor 14 years of age or older
who has been admitted to an
11inpatient treatment facility for the primary purpose of treatment for mental illness
12or developmental disability, a minor who is voluntarily admitted under sub. (1) (c)
131. or 2., and
his or her the minor's parent or guardian shall also be informed by the
14director or his or her designee, both orally and in writing, in easily understandable
15language, of the minor's right to request discharge and to be discharged within 48
16hours of the request if no petition or statement is filed for emergency detention,
17emergency commitment, involuntary commitment
, or protective placement, and the
18minor's right to consent to or refuse treatment as provided in s. 51.61 (6).
SB55-ASA1-AA1,478,420
51.13
(3) (c) A minor
14 years of age or older who has been admitted to an
21inpatient facility for the primary purpose of treatment for alcoholism or drug abuse,
22a minor under 14 years of age
who has been admitted to an inpatient treatment
23facility for the primary purpose of treatment for mental illness, developmental
24disability, alcoholism, or drug abuse, and
his or her the minor's parent or guardian
25shall also be informed by the director or his or her designee, both orally and in
1writing, in easily understandable language,
of the right of the parent or guardian to
2request the minor's discharge as provided in sub. (7) (b) and of the minor's right to
3a hearing to determine continued appropriateness of the admission as provided in
4sub. (7)
(c).
SB55-ASA1-AA1,478,136
51.13
(4) (a) (intro.) Within 3 days
of after the admission of a minor under sub.
7(1), or within 3 days
of after application for admission of the minor, whichever occurs
8first, the treatment director of the facility to which the minor is admitted or, in the
9case of a center for the developmentally disabled, the director of the center, shall file
10a verified petition for review of the admission in the court assigned to exercise
11jurisdiction under chs. 48 and 938 in the county in which the facility is located. A
12copy of the application for admission and of any relevant professional evaluations
13shall be attached to the petition. The petition shall contain all of the following:
SB55-ASA1-AA1,478,1615
51.13
(4) (c) A copy of the petition shall be provided by the petitioner to the
16minor and his or her parents or guardian within 5 days
of after admission.
SB55-ASA1-AA1,479,1718
51.13
(4) (d) Within 5 days
of after the filing of the petition, the court assigned
19to exercise jurisdiction under chs. 48 and 938 shall determine, based on the
20allegations of the petition and accompanying documents,
whether the admission is
21voluntary on the part of the minor if the minor is 14 years of age or older and whether
22there is a prima facie showing that the minor is in need of psychiatric services, or
23services for developmental disability, alcoholism
, or drug abuse, that the treatment
24facility offers inpatient therapy or treatment
which
that is appropriate to the minor's
25needs
, and that inpatient care in the treatment facility is the least restrictive therapy
1or treatment consistent with the needs of the minor
, and, if the minor is 14 years of
2age or older and has been admitted to the treatment facility for the primary purpose
3of treatment for mental illness or developmental disability, whether the admission
4is voluntary on the part of the minor. If such a showing is made, the court shall
5permit voluntary admission. If the court is unable to make
such those 6determinations based on the petition and accompanying documents,
it shall the
7court may dismiss the petition as provided in par. (h);
or order additional information
8to be produced as
it deems necessary
for the court to make
such review, and make
9such those determinations within 14 days
of after admission or application for
10admission, whichever is sooner; or
it may hold a hearing within 14 days
of after 11admission or application for admission, whichever is sooner. If a notation of the
12minor's unwillingness appears on the face of the petition, or if a hearing has been
13requested by the minor
, or by the minor's counsel, parent
, or guardian, the court shall
14hold a hearing to review the admission within 14 days
of after admission or
15application for admission, whichever is sooner, and shall appoint counsel to
16represent the minor if the minor is unrepresented. If the court
deems considers it
17necessary,
it the court shall also appoint a guardian ad litem to represent the minor.