Amendment CA1-SSA1-SB55

SB55-SSA1-CA1,320,9 (c) "Respite care" means care provided to a person with a disability in order to provide temporary relief to the primary caregiver.

SB55-SSA1-CA1,320,13 (d) "Respite facility" means a facility in which overnight respite care is provided to up to 10 persons with like or similar disabilities who are at least 2 years of age and in which day respite care may be provided to up to 10 additional persons with like or similar disabilities who are at least 2 years of age.

SB55-SSA1-CA1,320,16 (2) Departmental powers and duties. The department shall provide uniform, statewide licensure, inspection, and regulation of respite facilities as specified in this section.

SB55-SSA1-CA1,320,19 (3) Licensure requirements. (a) No person may conduct, maintain, operate, or otherwise participate in conducting, maintaining, or operating a respite facility unless the respite facility is licensed by the department.

SB55-SSA1-CA1,320,22 (b) The department shall issue a license if the department finds that the applicant is fit and qualified and that the respite facility meets the requirements of this section and the rules promulgated under this section.

SB55-SSA1-CA1,321,2 (c) The department or the department's designated representative shall inspect or investigate a respite facility prior to issuance of a license for the respite facility and may inspect or investigate a respite facility as the department deems necessary, including a review of patient health care records of any individuals served by the respite facility, to determine if any person is in violation of this section.

SB55-SSA1-CA1,321,10 (d) The past record of violations of applicable federal laws or regulations or of state statutes or rules of this or any other state, in the operation of any health-related organization, by an operator, managing employee, or direct or indirect owner of a respite facility or of an interest of a respite facility is relevant to the issue of the fitness of an applicant for a license. The department or the department's designated representative shall inspect and investigate as necessary to determine the conditions existing in each case under this paragraph and shall prepare and maintain a written report concerning the investigation and inspection.

SB55-SSA1-CA1,321,15 (4) Use of name or advertising prohibited. No entity that is not a respite facility licensed under this section or an applicant for a license under this section may designate itself as a "respite facility" or use the word "respite facility" to represent or tend to represent the entity as a respite facility or services provided by the entity as services provided by a respite facility.

SB55-SSA1-CA1,321,16 (5) Licensing procedure. (a) The application for a license shall:

SB55-SSA1-CA1,321,17 1. Be in writing on a form provided by the department.

SB55-SSA1-CA1,321,18 2. Contain such information as the department requires.

SB55-SSA1-CA1,321,19 3. Include licensing fee payment, as specified in sub. (6).

SB55-SSA1-CA1,321,20 (b) 1. A respite facility license is valid until suspended or revoked.

SB55-SSA1-CA1,321,22 2. Each license shall be issued only for the applicant named in the application and may not be transferred or assigned.

SB55-SSA1-CA1,321,24 3. Any license granted under special limitations prescribed by the department shall state the limitations.

SB55-SSA1-CA1,322,2 (6) Licensure fee. The annual fee for a licensed respite facility is $18 per bed, based on the number of licensed beds of the respite facility.

SB55-SSA1-CA1,322,8 (7) Suspension and revocation. (a) The department, after notice to the applicant or licensee, may suspend or revoke a license in any case in which the department finds that there has been a substantial failure to comply with the requirements of this section or the rules promulgated under this section. No state or federal funds passing through the state treasury may be paid to a respite facility that does not have a valid license issued under this section.

SB55-SSA1-CA1,322,11 (b) Notice under this subsection shall include a clear and concise statement of the violations on which the revocation is based, the statute or rule violated and notice of the opportunity for an evidentiary hearing under par. (c).

SB55-SSA1-CA1,322,14 (c) If a respite facility desires to contest the revocation of a license, the respite facility shall, within 10 days after receipt of notice under par. (b), notify the department in writing of its request for a hearing under s. 227.44.

SB55-SSA1-CA1,322,18 (d) 1. Subject to s. 227.51 (3), revocation shall become effective on the date set by the department in the notice of revocation, or upon final action after a hearing under ch. 227, or after court action if a stay is granted under ch. 227, whichever is later.

SB55-SSA1-CA1,322,21 3. The department may extend the effective date of license revocation in any case in order to permit orderly removal and relocation of individuals served by the respite facility.

SB55-SSA1-CA1,322,23 (8) Rule-making authority. The department shall promulgate all of the following rules:

SB55-SSA1-CA1,323,7 (a) Standards for the care, treatment, health, safety, rights, and welfare of persons with like or similar disabilities who receive respite care care from a respite facility and the maintenance, general hygiene and operation of a respite facility, which will permit the use of advancing knowledge to promote safe and adequate care and treatment for these individuals. These standards shall permit persons with like or similar disabilities who receive day care from a respite facility to share dining facilities and day trips with persons with with like or similar disabilities who receive overnight care from a respite facility. The standards shall also allow provision of fire safety training by a local fire inspector or a fire department.

SB55-SSA1-CA1,323,10 (b) Inspection or investigation procedures that the department or the department's designated representative may use to assure the provision of care and treatment that is commensurate with the standards established under par. (a).

SB55-SSA1-CA1,323,11 (c) Criteria for determining that the applicant for licensure is fit and qualified.

SB55-SSA1-CA1,323,14 (d) A procedure for waiver of and variance from standards under par. (a) or criteria under par. (c). The department may limit the duration of the waiver or variance.

SB55-SSA1-CA1,323,15 (e) A definition of "disability" for the purposes of this section.

SB55-SSA1-CA1,323,16 (f) A definition of "like or similar disabilities" for the purposes of this section.

SB55-SSA1-CA1,323,24 (9) Right of injunction. The department may, upon the advice of the attorney general, who shall represent the department in all proceedings under this section, institute an action in the name of the state in the circuit court for Dane County for injunctive relief or other process against any licensee, owner, operator, administrator or representative of any owner of a respite facility for the violation of any of the provisions of this section or rules promulgated under this section if the violation affects the health, safety, or welfare of persons with like or similar disabilities.

SB55-SSA1-CA1,324,6 (10) Forfeitures. (a) Any person who violates this subchapter or rules promulgated under this subchapter may be required to forfeit not more than $100 for the first violation and may be required to forfeit not more than $200 for the 2nd or any subsequent violation within a year. The period shall be measured using the dates of issuance of citations of the violations. Each day of violation constitutes a separate violation.

SB55-SSA1-CA1,324,9 (b) In determining whether a forfeiture is to be imposed and in fixing the amount of the forfeiture to be imposed, if any, for a violation, the following factors shall be considered:

SB55-SSA1-CA1,324,13 1. The gravity of the violation, including the probability that death or serious physical or psychological harm to a person receiving respite care from a respite facility will result or has resulted; the severity of the actual or potential harm; and the extent to which the provisions of the applicable statutes or rules were violated.

SB55-SSA1-CA1,324,18 2. Good faith exercised by the licensee. Indications of good faith include, but are not limited to, awareness of the applicable statutes and regulation and reasonable diligence in complying with such requirements, prior accomplishments manifesting the licensee's desire to comply with the requirements, efforts to correct and any other mitigating factors in favor of the licensee.

SB55-SSA1-CA1,324,19 3. Any previous violations committed by the licensee.

SB55-SSA1-CA1,324,21 4. The financial benefit to the respite facility of committing or continuing the violation.

SB55-SSA1-CA1,325,2 (c) The department may directly assess forfeitures provided for under par. (a). If the department determines that a forfeiture should be assessed for a particular violation or for failure to correct the violation, the department shall send a notice of assessment to the respite facility. The notice shall specify the amount of the forfeiture assessed, the violation, and the statute or rule alleged to have been violated, and shall inform the licensee of the right to a hearing under par. (d).

SB55-SSA1-CA1,325,13 (d) A respite facility may contest an assessment of forfeiture, by sending, within 10 days after receipt of notice under par. (c), a written request for hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days after receipt of the request for hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227. In any petition for judicial review of a decision by the division, the party, other than the petitioner, who was in the proceeding before the division shall be the named respondent.

SB55-SSA1-CA1,325,19 (e) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (d), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order under the same terms and conditions as found in s. 50.03 (11). The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund.

SB55-SSA1-CA1,325,23 (f) The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this section if the forfeiture has not been paid following the exhaustion of all administrative and judicial reviews. The only issue to be contested in any such action shall be whether the forfeiture has been paid.

SB55-SSA1-CA1, s. 1900d Section 1900d. 50.90 (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,325,25 50.90 Definitions. (intro.) In this subchapter section to s. 50.981:

SB55-SSA1-CA1, s. 1900e Section 1900e. 50.91 of the statutes is amended to read:

SB55-SSA1-CA1,326,4 50.91 Departmental powers and duties. The department shall provide uniform, statewide licensing, inspection and regulation of hospices as specified in this subchapter ss. 50.90 to 50.981.

SB55-SSA1-CA1, s. 1900f Section 1900f. 50.92 (2) of the statutes is amended to read:

SB55-SSA1-CA1,326,9 50.92 (2) The department shall issue a license if the department finds that the applicant is fit and qualified and that the hospice meets the requirements of this subchapter ss. 50.90 to 50.981 and the rules promulgated under this subchapter ss. 50.90 to 50.981.

SB55-SSA1-CA1, s. 1900g Section 1900g. 50.92 (3) of the statutes is amended to read:

SB55-SSA1-CA1,326,16 50.92 (3) The department or the department's designated representative shall inspect or investigate a hospice prior to issuance of a license for the hospice except as provided in sub. (4) and may inspect or investigate a hospice as the department deems necessary, including conducting home visits or a review of health care records of any individuals with terminal illness served by the hospice, to determine if any person is in violation of this subchapter ss. 50.90 to 50.981.

SB55-SSA1-CA1, s. 1900h Section 1900h. 50.925 of the statutes is amended to read:

SB55-SSA1-CA1,326,23 50.925 Use of name or advertising prohibited. No entity that is not a hospice licensed under this subchapter ss. 50.90 to 50.981 or an applicant for a license or a provisional license under this subchapter ss. 50.90 to 50.981 may designate itself as a "hospice" or use the word "hospice" to represent or tend to represent the entity as a hospice or services provided by the entity as services provided by a hospice.

SB55-SSA1-CA1, s. 1900i Section 1900i. 50.93 (3) of the statutes is amended to read:

SB55-SSA1-CA1,327,10 50.93 (3) Provisional license. If the applicant has not been previously licensed under this subchapter s. 50.92 or if the hospice is not in operation at the time that application is made, the department may issue a provisional license. Unless sooner suspended or revoked under sub. (4), a provisional license shall be valid for 24 months from the date of issuance. Within 30 days prior to the termination of a provisional license, the department shall fully and completely inspect the hospice and, if the hospice meets the applicable requirements for licensure, shall issue a regular license under sub. (2). If the department finds that the hospice does not meet the requirements for licensure, the department may not issue a regular license under sub. (2).

SB55-SSA1-CA1, s. 1900j Section 1900j. 50.93 (4) (a) of the statutes is amended to read:

SB55-SSA1-CA1,327,17 50.93 (4) (a) The department, after notice to the applicant or licensee, may suspend or revoke a license in any case in which the department finds that there has been a substantial failure to comply with the requirements of this subchapter ss. 50.90 to 50.981 or the rules promulgated under this subchapter ss. 50.90 to 50.981. No state or federal funds passing through the state treasury may be paid to a hospice not having a valid license issued under this section.

SB55-SSA1-CA1, s. 1900k Section 1900k. 50.97 of the statutes is amended to read:

SB55-SSA1-CA1,328,2 50.97 Right of injunction. The department may, upon the advice of the attorney general, who shall represent the department in all proceedings under this section, institute an action in the name of the state in the circuit court for Dane County for injunctive relief or other process against any licensee, owner, operator, administrator or representative of any owner of a hospice for the violation of any of the provisions of this subchapter ss. 50.90 to 50.981 or rules promulgated under this subchapter ss. 50.90 to 50.981 if the violation affects the health, safety or welfare of individuals with terminal illness.

SB55-SSA1-CA1, s. 1900L Section 1900L. 50.98 (1) of the statutes is amended to read:

SB55-SSA1-CA1,328,9 50.98 (1) Any person who violates this subchapter ss. 50.90 to 50.981 or rules promulgated under this subchapter ss. 50.90 to 50.981 may be required to forfeit not more than $100 for the first violation and may be required to forfeit not more than $200 for the 2nd or any later violation within a year. The period shall be measured using the dates of issuance of citations of the violations. Each day of violation constitutes a separate violation.

SB55-SSA1-CA1, s. 1900m Section 1900m. 50.981 of the statutes is amended to read:

SB55-SSA1-CA1,328,17 50.981 Fees permitted for a workshop or seminar. If the department develops and provides a workshop or seminar relating to the provision of services by hospices under this subchapter ss. 50.90 to 50.981, the department may establish a fee for each workshop or seminar and impose the fee on registrants for the workshop or seminar. A fee so established and imposed shall be in an amount sufficient to reimburse the department for the costs directly associated with developing and providing the workshop or seminar.".

SB55-SSA1-CA1,328,18 968. Page 656, line 10: after that line insert:

SB55-SSA1-CA1,328,19 " Section 1965b. 51.15 (1) (a) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,329,2 51.15 (1) (a) (intro.) A law enforcement officer or other person authorized to take a child into custody under ch. 48 or to take a juvenile into custody under ch. 938 may take an individual into custody if the officer or person has cause to believe that such the individual is mentally ill or, except as provided in subd. 5., is drug dependent, or is developmentally disabled, and that the individual evidences any of the following:

SB55-SSA1-CA1, s. 1965c Section 1965c. 51.15 (1) (a) 5. of the statutes is repealed.

SB55-SSA1-CA1, s. 1965d Section 1965d. 51.15 (1) (c) of the statutes is repealed.

SB55-SSA1-CA1, s. 1965e Section 1965e. 51.15 (4) (a) of the statutes is amended to read:

SB55-SSA1-CA1,329,19 51.15 (4) (a) In counties having a population of 500,000 or more, the law enforcement officer or other person authorized to take a child into custody under ch. 48 or to take a juvenile into custody under ch. 938 shall sign a statement of emergency detention which shall provide detailed specific information concerning the recent overt act, attempt, or threat to act or omission on which the belief under sub. (1) is based and the names of the persons observing or reporting the recent overt act, attempt, or threat to act or omission. The law enforcement officer or other person is not required to designate in the statement whether the subject individual is mentally ill, developmentally disabled, or drug dependent, but shall allege that he or she has cause to believe that the individual evidences one or more of these conditions if sub. (1) (a) 1., 2., 3. or 4. is believed or mental illness, if sub. (1) (a) 5. is believed. The law enforcement officer or other person shall deliver, or cause to be delivered, the statement to the detention facility upon the delivery of the individual to it.

SB55-SSA1-CA1, s. 1965f Section 1965f. 51.15 (5) of the statutes is amended to read:

SB55-SSA1-CA1,330,16 51.15 (5) Detention procedure; other counties. In counties having a population of less than 500,000, the law enforcement officer or other person authorized to take a child into custody under ch. 48 or to take a juvenile into custody under ch. 938 shall sign a statement of emergency detention which that shall provide detailed specific information concerning the recent overt act, attempt , or threat to act or omission on which the belief under sub. (1) is based and the names of persons observing or reporting the recent overt act, attempt, or threat to act or omission. The law enforcement officer or other person is not required to designate in the statement whether the subject individual is mentally ill, developmentally disabled , or drug dependent, but shall allege that he or she has cause to believe that the individual evidences one or more of these conditions if sub. (1) (a) 1., 2., 3. or 4. is believed or mental illness, if sub. (1) (a) 5. is believed. The statement of emergency detention shall be filed by the officer or other person with the detention facility at the time of admission, and with the court immediately thereafter. The filing of the statement has the same effect as a petition for commitment under s. 51.20. When, upon the advice of the treatment staff, the director of a facility specified in sub. (2) determines that the grounds for detention no longer exist, he or she shall discharge the individual detained under this section. Unless a hearing is held under s. 51.20 (7) or 55.06 (11) (b), the subject individual may not be detained by the law enforcement officer or other person and the facility for more than a total of 72 hours, exclusive of Saturdays, Sundays, and legal holidays.

SB55-SSA1-CA1, s. 1965g Section 1965g. 51.20 (1) (a) 2. e. of the statutes is amended to read:

SB55-SSA1-CA1,331,19 51.20 (1) (a) 2. e. For an individual, other than an individual who is alleged to be drug dependent or developmentally disabled, after the advantages and disadvantages of and alternatives to accepting a particular medication or treatment have been explained to him or her and because of mental illness, evidences either incapability of expressing an understanding of the advantages and disadvantages of accepting medication or treatment and the alternatives, or substantial incapability of applying an understanding of the advantages, disadvantages, and alternatives to his or her mental illness in order to make an informed choice as to whether to accept or refuse medication or treatment; and evidences a substantial probability, as demonstrated by both the individual's treatment history and his or her recent acts or omissions, that the individual needs care or treatment to prevent further disability or deterioration and a substantial probability that he or she will, if left untreated, lack services necessary for his or her health or safety and suffer severe mental, emotional, or physical harm that will result in the loss of the individual's ability to function independently in the community or the loss of cognitive or volitional control over his or her thoughts or actions. The probability of suffering severe mental, emotional, or physical harm is not substantial under this subd. 2. e. if reasonable provision for the individual's care or treatment is available in the community and there is a reasonable probability that the individual will avail himself or herself of these services or if the individual is appropriate for protective placement under s. 55.06. Food, shelter, or other care that is provided to an individual who is substantially incapable of obtaining food, shelter , or other care for himself or herself by any person other than a treatment facility does not constitute reasonable provision for the individual's care or treatment in the community under this subd. 2. e. The individual's status as a minor does not automatically establish a substantial probability of suffering severe mental, emotional, or physical harm under this subd. 2. e. This subd. 2. e. does not apply after November 30, 2001.

SB55-SSA1-CA1, s. 1965h Section 1965h. 51.20 (1) (ad) 1. of the statutes is amended to read:

SB55-SSA1-CA1,332,3 51.20 (1) (ad) 1. If a petition under par. (a) is based on par. (a) 2. e., the petition shall be reviewed and approved by the attorney general or by his or her designee prior to or within 12 hours after the time that it is filed. If the attorney general or his or her designee disapproves or fails to act with respect to the petition, the petition may not be filed. If the attorney general or his or her designee disapproves or fails to act with respect to a petition under this subdivision within 12 hours after the time that it is filed, the individual, if detained under the petition, shall be released and the petition is void.

SB55-SSA1-CA1, s. 1965i Section 1965i. 51.20 (1) (ad) 3. of the statutes is repealed.

SB55-SSA1-CA1, s. 1965j Section 1965j. 51.20 (10) (cm) 1. of the statutes is renumbered 51.20 (10) (cm) and amended to read:

SB55-SSA1-CA1,332,20 51.20 (10) (cm) Prior to or at the final hearing, for individuals for whom a petition is filed under sub. (1) (a) 2. e., the county department under s. 51.42 or 51.437 shall furnish to the court and the subject individual an initial recommended written treatment plan that contains the goals of treatment, the type of treatment to be provided, and the expected providers. The treatment plan shall address the individual's needs for inpatient care, residential services, community support services, medication and its monitoring, case management, and other services to enable the person to live in the community upon release from an inpatient facility. The treatment plan shall contain information concerning the availability of the needed services and community treatment providers' acceptance of the individual into their programs. The treatment plan is only a recommendation and is not subject to approval or disapproval by the court. Failure to furnish a treatment plan under this subdivision paragraph does not constitute grounds for dismissal of the petition unless the failure is made in bad faith.

SB55-SSA1-CA1, s. 1965k Section 1965k. 51.20 (10) (cm) 2. of the statutes is repealed.

SB55-SSA1-CA1, s. 1965L Section 1965L. 51.20 (13) (g) 2d. c. of the statutes is repealed.

SB55-SSA1-CA1, s. 1965m Section 1965m. 51.30 (3) (b) of the statutes is amended to read:

SB55-SSA1-CA1,333,4 51.30 (3) (b) An individual's attorney or guardian ad litem and the corporation counsel shall have access to the files and records of the court proceedings under this chapter without the individual's consent and without modification of the records in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals, or other actions relating to detention, admission, or commitment under this chapter or ch. 971 or 975.

SB55-SSA1-CA1, s. 1965n Section 1965n. 51.30 (4) (b) 11. of the statutes is amended to read:

SB55-SSA1-CA1,333,10 51.30 (4) (b) 11. To the subject individual's counsel or guardian ad litem and the corporation counsel, without modification, at any time in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals, or other actions relating to detention, admission, commitment, or patients' rights under this chapter or ch. 48, 971, or 975.

SB55-SSA1-CA1, s. 1965p Section 1965p. 51.30 (4) (b) 14. of the statutes is repealed.".

SB55-SSA1-CA1,333,12 969. Page 656, line 10: after that line insert:

SB55-SSA1-CA1,333,13 " Section 1966cb. 51.13 (1) (a) of the statutes is amended to read:

SB55-SSA1-CA1,333,24 51.13 (1) (a) Except as provided in par. (c) and s. 51.45 (2m), the application for voluntary admission of a minor who is under 14 years of age or older to an approved inpatient treatment facility for the primary purpose of treatment for alcoholism or drug abuse and the application for voluntary admission of a minor who is under 14 years of age to an approved inpatient treatment facility for the primary purpose of treatment for mental illness, developmental disability, alcoholism, or drug abuse shall be executed by a parent who has legal custody of the minor or the minor's guardian. Any statement or conduct by a minor under the age of 14 who is the subject of an application for voluntary admission under this paragraph indicating that the minor does not agree to admission to the facility shall be noted on the face of the application and shall be noted in the petition required by sub. (4).

SB55-SSA1-CA1, s. 1966cc Section 1966cc. 51.13 (1) (b) of the statutes is amended to read:

SB55-SSA1-CA1,334,6 51.13 (1) (b) The application for voluntary admission of a minor who is 14 years of age or over older to an approved inpatient treatment facility for the primary purpose of treatment for mental illness or developmental disability shall be executed by the minor and a parent who has legal custody of the minor or the minor's guardian, except as provided in par. (c) 1.

SB55-SSA1-CA1, s. 1966cd Section 1966cd. 51.13 (1) (c) of the statutes is renumbered 51.13 (1) (c) 1. and amended to read:

SB55-SSA1-CA1,334,21 51.13 (1) (c) 1. If a minor 14 years of age or older wishes to be admitted to an approved inpatient treatment facility but a parent with legal custody or the guardian refuses to execute the application for admission or cannot be found, or if there is no parent with legal custody, the minor or a person acting on the minor's behalf may petition the court assigned to exercise jurisdiction under chs. 48 and 938 in the county of residence of the parent or guardian for approval of the admission. A copy of the petition and a notice of hearing shall be served upon the parent or guardian at his or her last-known address. If, after a hearing, the court determines that the parent or guardian's consent is of the parent or guardian is being unreasonably withheld or, that the parent or guardian cannot be found, or that there is no parent with legal custody, and that the admission is proper under the standards prescribed in sub. (4) (d), it the court shall approve the minor's admission without the parent or guardian's consent of the parent or guardian.