SB246-SA1, s. 3k 11Section 3k. 51.61 (1) (y) of the statutes is created to read:
SB246-SA1,2,1512 51.61 (1) (y) Have the right, if provided services by a licensed mental health
13professional, to receive from the professional a copy of the grievance resolution
14procedure option that the professional makes available to the patient, as required
15under s. 457.04 (8).
SB246-SA1, s. 3m 16Section 3m. 51.61 (2) of the statutes is amended to read:
SB246-SA1,3,717 51.61 (2) A patient's rights guaranteed under sub. (1) (p) to (t) may be denied
18for cause after review by the director of the facility, and may be denied when
19medically or therapeutically contraindicated as documented by the patient's
20physician or, licensed psychologist, or licensed mental health professional in the
21patient's treatment record. The individual shall be informed in writing of the
22grounds for withdrawal of the right and shall have the opportunity for a review of
23the withdrawal of the right in an informal hearing before the director of the facility
24or his or her designee. There shall be documentation of the grounds for withdrawal
25of rights in the patient's treatment record. After an informal hearing is held, a

1patient or his or her representative may petition for review of the denial of any right
2under this subsection through the use of the grievance procedure provided in sub. (5)
3or, alternatively for review of the denial of a right by a licensed mental health
4professional, through the use of one of the grievance resolution procedure options
5under s. 457.04 (8). Alternatively,
or in addition to the use of such the appropriate
6grievance
procedure, a patient or his or her representative may bring an action under
7sub. (7).
SB246-SA1, s. 3p 8Section 3p. 51.61 (5) (e) of the statutes is created to read:
SB246-SA1,3,129 51.61 (5) (e) A licensed mental health professional shall make available to each
10patient to whom the professional provides services a copy of the grievance resolution
11procedure option that the professional makes available to the patient, as required
12under s. 457.04 (8). Paragraphs (a) and (b) do not apply to this paragraph.
SB246-SA1, s. 3r 13Section 3r. 51.61 (9) of the statutes is amended to read:
SB246-SA1,3,1514 51.61 (9) The Except for grievance resolution procedure options required under
15s. 457.04 (8), the
department shall promulgate rules to implement this section.
SB246-SA1, s. 3t 16Section 3t. 457.04 (8) of the statutes is created to read:
SB246-SA1,3,1917 457.04 (8) Practice clinical social work, marriage and family therapy, or
18professional counseling without making available to his or her client in writing one
19of the following options for a grievance resolution procedure:
SB246-SA1,3,2120 (a) A written grievance resolution procedure that contains all of the following
21elements:
SB246-SA1,3,2522 1. The name, address, and telephone number of, and any other contact
23information available for, the appropriate section of the examining board that is
24responsible for receiving a complaint and investigating and conducting a hearing
25under s. 457.26 (1).
SB246-SA1,4,4
12. The name, address, and telephone number of, and any other contact
2information available for, a person not involved in the services, therapy, or
3counseling giving rise to the complaint who would be available to receive and
4investigate a complaint.
SB246-SA1,4,65 3. The manner by which a client may present a complaint to a person identified
6in subd. 1. or 2.
SB246-SA1,4,87 4. The manner by which a client may appeal the resolution of a complaint
8presented in subd. 3.
SB246-SA1,4,109 5. Time limits for filing, processing, and appealing the resolution of a complaint
10presented under subd. 3.
SB246-SA1,4,1311 6. Protections against retaliation for a client who presents a complaint under
12subd. 3. and for any person who assists the client to present a complaint under subd.
133.
SB246-SA1,4,1514 (b) A written grievance resolution procedure that complies with the rules
15promulgated under s. 51.61 (5) (b).
SB246-SA1,4,1816 (c) A written grievance resolution procedure that is available to the credential
17holder through a professional association of which the credential holder is a
18member.".
SB246-SA1,4,20 192. Page 3, line 24: delete that line and substitute "under s. 457.10, or a
20professional counselor who is licensed under s. 457.12.".
SB246-SA1,4,21 213. Page 3, line 24: after that line insert:
SB246-SA1,4,22 22" Section 5m. 632.89 (1) (e) 3. of the statutes is repealed and recreated to read:
SB246-SA1,4,2323 632.89 (1) (e) 3. A psychologist licensed under ch. 455.".
SB246-SA1,5,2
14. Page 4, line 1: after "professional" insert "practicing within the scope of his
2or her license under ch. 457 and applicable rules".
SB246-SA1,5,3 35. Page 4, line 3: after "(1)" insert "Licensed mental health professionals.".
SB246-SA1,5,4 46. Page 4, line 7: after that line insert:
SB246-SA1,5,9 5"(2) Psychologists. If a group health insurance policy that is in effect on the
6effective date of this subsection contains a provision that is inconsistent with the
7treatment of section 632.89 (1) (e) 3. of the statutes, the treatment of section 632.89
8(1) (e) 3. of the statutes first applies to that insurance policy on the date on which it
9is renewed.
SB246-SA1, s. 7m 10Section 7m. Effective date.
SB246-SA1,5,12 11(1) This act takes effect on the first day of the 19th month beginning after
12publication.".
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