AB575: Bill Text

AB575,7 Section 7. 51.20 (1) (a) 1m. of the statutes is created to read:

AB575,15,9 51.20 (1) (a) 1m. Based on observation and currently available information, the individual does not have or appear to have dementia or the individual has or appears to have dementia but is competent.

AB575,8 Section 8. 51.20 (1) (aw) of the statutes is created to read:

AB575,15,16 51.20 (1) (aw) Notwithstanding the prohibitions against emergency detention of a individual who has dementia under ss. 51.12 and 51.15 (1m), an individual who has or, based on observation and currently available information, appears to have dementia and who is competent may be involuntarily committed based on a petition filed under this section if the individual otherwise meets the criteria for involuntary commitment under sub. (1) (a).

AB575,9 Section 9. 51.61 (1) (intro.) of the statutes is amended to read:

AB575,16,11 51.61 (1) (intro.) In this section, "patient" means any individual who is receiving services for mental illness, developmental disabilities, alcoholism or drug dependency, including any individual who is admitted to a treatment facility in accordance with this chapter or ch. 48 or 55 or who is detained, committed or placed under this chapter or ch. 48, 55, 971, 975 or 980, or who is transferred to a treatment facility under s. 51.35 (3) or 51.37 or who is receiving care or treatment for those conditions through the department or a county department under s. 51.42 or 51.437 or in a private treatment facility. In this section, "patient" also means any individual who is receiving psychiatric or behavioral care or services in a dementia crisis unit, as defined in s. 55.01 (1y), under subch. II of ch. 55, to the extent that provisions of this section do not conflict with provisions of ch. 55 applicable to that individual. "Patient" does not include persons committed under ch. 975 who are transferred to or residing in any state prison listed under s. 302.01. In private hospitals and in public general hospitals, "patient" includes any individual who is admitted for the primary purpose of treatment of mental illness, developmental disability, alcoholism or drug abuse but does not include an individual who receives treatment in a hospital emergency room nor an individual who receives treatment on an outpatient basis at those hospitals, unless the individual is otherwise covered under this subsection. Except as provided in sub. (2), each patient shall:

AB575,10 Section 10. 51.67 of the statutes is amended to read:

AB575,17,17 51.67 Alternate procedure; protective services. If, after a hearing under s. 51.13 (4) or 51.20, the court finds that commitment under this chapter is not warranted and that the subject individual is a fit subject for guardianship and protective placement or services, the court may, without further notice, appoint a temporary guardian for the subject individual and order temporary protective placement or services under ch. 55 for a period not to exceed 30 days. Temporary protective placement for an individual in a center for the developmentally disabled is subject to s. 51.06 (3). Any interested party may then file a petition for permanent guardianship or protective placement or services, including medication, under ch. 55. If the individual is in a treatment facility, and the individual does not have or, based on observation and currently available information, appear to have dementia, the individual may remain in the facility during the period of temporary protective placement if no other appropriate facility is available. If the individual is in a treatment facility and the individual has or, based on currently available information, appears to have dementia, the individual may remain in the facility during the period of temporary protective placement only if the facility is designated by a county as a dementia crisis unit under s. 55.55 and the facility provides an environment that is appropriate for the individual. For an individual who has or, based on currently available information, appears to have dementia, the court may order psychotropic medication as an emergency protective service under this section only as provided in s. 55.70. The court may order psychotropic medication as a temporary protective service under this section for an individual who does not have or appear to have dementia if it finds that there is probable cause to believe the individual is not competent to refuse psychotropic medication and that the medication ordered will have therapeutic value and will not unreasonably impair the ability of the individual to prepare for and participate in subsequent legal proceedings. An individual is not competent to refuse psychotropic medication if, because of serious and persistent mental illness, and after the advantages and disadvantages of and alternatives to accepting the particular psychotropic medication have been explained to the individual, one of the following is true:

AB575,11 Section 11. Subchapter I (title) of chapter 55 [precedes 55.001] of the statutes is created to read:

AB575,17,20 CHapter 55

AB575,17,22 subchapter I protective serviceS; generally

AB575,12 Section 12. 55.01 (1v) of the statutes is amended to read:

AB575,18,3 55.01 (1v) "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. "Degenerative brain disorder" includes dementia.

AB575,13 Section 13. 55.01 (1x) of the statutes is created to read:

AB575,18,9 55.01 (1x) "Dementia" means deterioration or loss of intellectual faculties, reasoning power, memory, and will due to organic brain disease characterized by confusion, disorientation, apathy, or stupor of varying degrees that is not capable of being reversed and from which recovery is impossible. "Dementia" includes Alzheimer's disease.

AB575,14 Section 14. 55.01 (1y) of the statutes is created to read:

AB575,18,16 55.01 (1y) "Dementia crisis unit" means a unit or part of a unit of a public or private facility that has been designated by a county department under s. 55.55 as qualified and equipped to provide and competent in providing diagnosis, evaluation, and treatment of dementia and medical, psychiatric, and behavioral care to individuals who have dementia and that provides a therapeutic environment that is appropriate for and designed to prevent harm to individuals who have dementia.

Note: Creates a definition of "dementia crisis unit" for the purpose of ch. 55.

AB575,15 Section 15. 55.02 (3) of the statutes is renumbered 55.02 (3) (intro.) and amended to read:

AB575,18,22 55.02 (3) Corporation counsel. (intro.) The corporation counsel of the county in which the petition is brought may or, if requested by the court, shall assist in conducting proceedings under this chapter. The corporation counsel shall assist in conducting any proceedings under this chapter in which all of the following are true:

AB575,16 Section 16. 55.02 (3) (a) and (b) of the statutes are created to read:

AB575,18,24 55.02 (3) (a) The proceedings are initiated under s. 51.20 (7) (d) 1. or 51.67.

AB575,19,1 (b) The subject individual has or appears to have dementia.

AB575,17 Section 17. 55.10 (1) of the statutes is amended to read:

AB575,19,16 55.10 (1) Time limits. A petition for protective placement or protective services shall be heard within 60 days after it is filed unless an extension of this time is requested by the petitioner, the individual sought to be protected or the individual's guardian ad litem, or the county department, in which case the court may extend the date for hearing by up to 45 days. The court shall hear a petition for protective placement that is filed under s. 55.59 (6) in conjunction with an emergency protective placement in a dementia crisis unit within 45 days after it is filed. The court may not extend the time for hearing a petition for protective placement that is filed under s. 55.59 (6) in conjunction with an emergency protective placement in a dementia crisis unit. If an individual under s. 50.06 (3) alleges that another individual is making a health care decision under s. 50.06 (5) (a) that is not in the best interests of the incapacitated individual or if the incapacitated individual verbally objects to or otherwise actively protests the admission, the petition shall be heard as soon as possible within the 60-day period.

AB575,18 Section 18. 55.12 (2) of the statutes is amended to read:

AB575,20,14 55.12 (2) Subject to s. 46.279, protective placement may be made to nursing homes, public medical institutions, centers for the developmentally disabled under the requirements of s. 51.06 (3), foster care services or other home placements, or to other appropriate facilities, but. Protective placement may not be made to units a unit for the acutely mentally ill unless the unit is designated as a dementia crisis unit under s. 55.55 and appropriate procedures under subch. II are followed. A protective placement that is otherwise permissible under subch. I is not prohibited solely because the placement facility has one or more units or locations designated under s. 55.55 or is associated with a facility that is designated under s. 55.55. An individual, other than an individual who has or, based on observation and currently available information, appears to have dementia, who is subject to an order for protective placement or protective services may be detained on an emergency basis under s. 51.15 or involuntarily committed under s. 51.20 or . An individual who is subject to an order for protective placement or protective services may be voluntarily admitted to a treatment facility or a dementia crisis unit for inpatient care under s. 51.10 (8). No individual who is subject to an order for protective placement or services may be involuntarily transferred to, detained in, or committed to a treatment facility for care except under s. 51.15 or 51.20. This subsection does not prohibit the placement or transfer of an individual who has or, based on currently available information, appears to have dementia in or to a dementia crisis unit as provided in s. 55.59 or 55.65. Protective placement in a locked unit shall require a specific finding of the court as to the need for the action.

AB575,19 Section 19. 55.13 (6) of the statutes is created to read:

AB575,20,19 55.13 (6) For an individual who has or, based on observation and currently available information, appears to have dementia, involuntary administration of psychotropic medications may be provided as an emergency protective service only as provided under s. 55.70.

AB575,20 Section 20. 55.135 (1) of the statutes is amended to read:

AB575,21,19 55.135 (1) If, from personal observation of, or a reliable report made by a person who identifies himself or herself to, a sheriff, police officer, fire fighter, guardian, if any, or authorized representative of a county department or an agency with which it contracts under s. 55.02 (2), it appears probable that an individual is so totally incapable of providing for his or her own care or custody as to create a substantial risk of serious physical harm to himself or herself or others as a result of developmental disability, degenerative brain disorder, serious and persistent mental illness, or other like incapacities if not immediately placed, the individual who personally made the observation or to whom the report is made may take into custody and transport the individual to an appropriate medical or protective placement facility. An individual may be transported to a dementia crisis unit for emergency protective placement only if the individual has or, based on observation and currently available information, appears to have dementia and only as provided under s. 55.59. The person making emergency protective placement shall prepare a statement at the time of detention providing specific factual information concerning the person's observations or reports made to the person and the basis for emergency placement. The statement shall be filed with the director of the facility and with any petition under s. 55.075. At the time of emergency protective placement the individual shall be informed by the director of the facility or the director's designee, orally and in writing, of his or her right to contact an attorney and a member of his or her immediate family and the right to have an attorney provided at public expense, as provided under s. 55.105. The director or designee shall also provide the individual with a copy of the statement by the person making emergency protective placement.

AB575,21 Section 21. 55.14 (1) (b) 2. of the statutes is amended to read:

AB575,21,24 55.14 (1) (b) 2. The individual is substantially incapable of applying an understanding of the advantages, and disadvantages of accepting treatment and the alternatives to accepting treatment to his or her condition in order to make an informed choice as to whether to accept or refuse psychotropic medication.

AB575,22 Section 22. 55.14 (3) (e) (intro.) and (4) of the statutes are amended to read:

AB575,22,6 55.14 (3) (e) (intro.) Unless psychotropic medication is administered involuntarily, the individual will incur a substantial probability of physical harm, impairment, injury, or debilitation or will present a substantial probability of physical harm to others. The Except as provided in par. (em), the substantial probability of physical harm, impairment, injury, or debilitation shall be evidenced by one of the following:

AB575,22,16 (4) A petition under this section must shall include a written statement signed by a physician who has personal knowledge of the individual that provides general clinical information regarding the appropriate use of psychotropic medication for the individual's condition and specific data that indicates that the individual's current condition necessitates the use of psychotropic medication. If the individual has or appears to have dementia, the statement shall state that the physician has determined and documented in writing that there is a reasonable probability that the behavior for which treatment with psychotropic medication is sought is not caused by a physical condition or illness that could be treated successfully by means other than psychotropic medication.

AB575,23 Section 23. 55.14 (3) (em) and (4m) of the statutes are created to read:

AB575,22,24 55.14 (3) (em) In the case of an individual who has or appears to have dementia, the substantial probability of physical harm, impairment, injury, or debilitation under par. (e) shall be shown by evidence of recent behavior of the individual or of recent acts or attempts or a pattern of recent acts or omissions by the individual or by evidence that the individual or others are placed at substantial risk of serious physical harm to them as evidenced by a recent overt act, attempt, or threat by the individual to do serious physical harm to them.

AB575,23,8 (4m) In the case of an individual who has or appears to have dementia, and who resides in a nursing home, as defined in s. 50.01 (3), a community-based residential facility, as defined in s. 50.01 (1g), an adult family home, as defined in s. 50.01 (1), or a residential care apartment complex, as defined in s. 50.01 (6d), the petition shall also allege that reasonable efforts have been made to address or accommodate the behavior or condition for which treatment with psychotropic medication is sought. Evidence of the facility's response to the individual's behavior or condition, as documented in records maintained by the facility, shall be attached to the petition.

AB575,24 Section 24. 55.15 (1) of the statutes is amended to read:

AB575,23,17 55.15 (1) Transfers authorized. An individual under a protective placement order may be transferred between protective placement units, between protective placement facilities, or from a protective placement unit to a medical facility. The individual may not be transferred, under the protective placement order, to any facility for which commitment procedures are required under ch. 51. This provision does not prohibit temporary transfer of an individual who has or, based on currently available information, appears to have dementia, to a dementia crisis unit as provided in s. 55.65.

AB575,25 Section 25. 55.18 (1) (b) of the statutes is amended to read:

AB575,24,6 55.18 (1) (b) If, following an annual review of an individual's status under par. (a), the individual or the individual's guardian or guardian ad litem requests modification or termination of the individual's protective placement and a hearing under the requirements of s. 55.10 (2) to (4) is provided, or if a hearing under the requirements of s. 55.10 (2) to (4) is provided pursuant to a petition for modification or termination of the protective placement, the county is not required to initiate a subsequent review of the individual's status under par. (a) until the first day of the 11th month after the date that the court issues a final order after the hearing. A petition under s. 55.61, 55.65, or 55.67 is not a request for modification or termination of an individual's protective placement for purposes of this paragraph, and the fact that a hearing has been held at any time under any of those sections with respect to an individual does not affect the duty of the county to perform an annual review of the individual's protective placement as required under par. (a).

AB575,26 Section 26. Subchapter II (title) of chapter 55 [precedes 55.50] of the statutes is created to read:

AB575,24,9 CHAPTER 55

AB575,24,10 SUBCHAPTER II

AB575,24,11 care and treatment for

AB575,24,12 individuals with dementia

AB575,27 Section 27. 55.50 of the statutes is created to read:

AB575,24,18 55.50 Applicability. This subchapter applies to the provision of behavioral and psychiatric evaluation, diagnosis, services, and treatment to individuals with dementia, which may be provided to address or alleviate symptoms or conditions associated with dementia or to address a mental illness or psychiatric condition of an individual with dementia that is not related to dementia.

AB575,28 Section 28. 55.55 of the statutes is created to read:

AB575,24,24 55.55 County designation of dementia crisis unit. (1) Subject to subs. (2), (3), and (4), the county department shall designate at least one unit or part of a unit of a public or private facility as a dementia crisis unit for the purpose of emergency and temporary protective placement of individuals who have dementia for psychiatric evaluation, diagnosis, services, or treatment.

AB575,25,7 (2) The county may not designate a dementia crisis unit under this section unless it finds that the facility in which the unit is located is qualified and equipped to provide, and competent in providing, diagnosis, evaluation, and treatment of dementia and medical, psychiatric, and behavioral care to individuals who have dementia and the designated unit or part of a unit provides a therapeutic environment that is appropriate for, and designed to prevent harm to, individuals who have dementia.

AB575,25,10 (3) To be designated as a dementia crisis unit under sub. (1), the facility shall make available the capability to obtain diagnoses and treatment for medical conditions but is not required to have medical facilities located on the premises.

AB575,25,16 (4) The county department shall solicit information and advice from the public, including family caregivers of individuals with dementia, organizations concerned with Alzheimer's disease and dementia, the treatment of mental illness, or the provision of long-term care, and any other appropriate individuals or organizations, to aid it in carrying out its responsibility to designate one or more dementia crisis units under this section.

AB575,25,19 (5) The county department shall implement a procedure to periodically review any designation made under sub. (1) as necessary and appropriate to ensure the facility continues to meet the criteria for designation.

Note: Requires a county department to identify at least one dementia crisis unit for emergency and temporary protective placement for psychiatric evaluation, diagnosis, or treatment. A unit that has not been so identified by the county may not be used for emergency or temporary protective placements under the procedures created in the bill.

AB575,29 Section 29. 55.59 of the statutes is created to read:

AB575,26,9 55.59 Emergency or temporary protective placement in a dementia crisis unit. (1) Emergency placement authorized; grounds. If, from personal observation by, or a reliable report made by a person who identifies himself or herself to, a sheriff, police officer, fire fighter, guardian, if any, or authorized representative of a county department or an agency with which the county department contracts under s. 55.02 (2), it appears probable that an individual is so totally incapable of providing for his or her own care or custody as to create a substantial risk of serious physical harm to himself or herself or others as a result of dementia, mental illness, or a psychiatric condition if not immediately placed, the person who personally made the observation or to whom the report is made may take an individual into custody and transport the individual to a medical facility or a dementia crisis unit if all of the following are true:

AB575,26,11 (a) The individual has or, based on observation and currently available information, appears to have dementia.

AB575,26,14 (b) The individual has engaged in behavior that creates a substantial risk of serious physical harm to himself or herself or others, as manifested by recent acts or omissions.

AB575,26,23 (c) It appears probable that unless the individual is admitted to a dementia crisis unit for behavioral or psychiatric evaluation, diagnosis, services, or treatment, the individual will incur a substantial probability of physical harm, impairment, injury, or debilitation or will present a substantial probability of physical harm to others. The substantial probability shall be shown by evidence of recent behavior of the individual or of recent acts or attempts or a pattern of recent acts or omissions by the individual or by evidence that the individual or others are placed at substantial risk of serious physical harm to them as evidenced by a recent overt act, attempt, or threat by the individual to do serious physical harm to them.

AB575,27,3 (2) Emergency admission to dementia crisis unit. An individual who has been detained under sub. (1) may be admitted to a dementia crisis unit if all of the following are true:

AB575,27,10 (a) A physician has conducted a physical examination of the individual; has determined and documented in writing that there is a reasonable probability that the behavior described in sub. (1) is not caused by a physical condition or illness that could be treated safely and appropriately in a setting other than a dementia crisis unit; and recommends that the individual be placed in a dementia crisis unit for behavioral or psychiatric evaluation, diagnosis, services, or treatment for the purpose of addressing the behavior.

AB575,27,12 (b) The placement in a dementia crisis unit is in an environment that is appropriate for the individual.

AB575,27,16 (3) Transportation to dementia crisis unit. A person who is authorized to detain and transport an individual under sub. (1) may transport an individual to a dementia crisis unit for admission under sub. (2) if the individual was detained at a different facility under sub. (1).

AB575,28,3 (4) Statement; right to an attorney. A person who takes an individual into custody under sub. (1) shall prepare and sign a statement at the time of detention providing specific factual information concerning the person's observations or reports made to the person and the basis for taking the individual into custody under sub. (1). If the individual is admitted to a dementia crisis unit, the statement shall be filed with the director of the dementia crisis unit and with any petition under s. 55.075. At the time of admission, the director of the dementia crisis unit or the director's designee shall inform the individual, orally and in writing, of his or her right to contact an attorney and a member of his or her immediate family and the right to have an attorney provided at public expense, as provided under s. 55.105. The director or designee shall provide the individual with a copy of the statement by the person making the emergency protective placement.

AB575,28,5 (5) False statements. Whoever signs a statement under sub. (4) while knowing the information contained in the statement to be false is guilty of a Class H felony.

AB575,28,10 (6) Petition; contents. When an individual is protectively placed under this section, the person making the emergency protective placement shall immediately file a petition under s. 55.075 with the court. In addition to the allegations required under s. 55.08 (1), the petition shall allege that the grounds under subs. (1) and (2) are true.

AB575,28,22 (7) Hearing; conversion procedure. (a) The court shall hold a preliminary hearing within 96 hours of detention, excluding Saturdays, Sundays, and legal holidays, to establish probable cause to believe the allegations of the grounds for protective placement under s. 55.08 (1) and the grounds under subs. (1) and (2). An individual is considered to be detained when he or she is taken into custody for the purpose of emergency protective placement. At the request of the subject individual or his or her counsel or guardian ad litem, the court may postpone the hearing, but in no case may the postponement exceed 7 days after the date the individual was admitted to the dementia crisis unit for emergency protective placement. At the probable cause hearing under this subsection, the court shall make a finding of whether the individual who is the subject of the hearing is likely to be found incompetent.

AB575,29,5 (b) If, under par. (a), the court finds that the individual has dementia but is not likely to be found incompetent or that protective placement is otherwise not appropriate, the court may treat the petition under this section as a petition for commitment under s. 51.20 or 51.45 (13). The court shall review the petition filed under this section under the standards under s. 51.20 (1) (a) or 51.45 (13) (a) to determine whether an order of detention shall be issued without further notice. Placement shall be made in a facility described under s. 51.20 (2) (d) or 51.45 (13) (h). The court shall schedule the full, final hearing under s. 51.20 (7) (c) or 51.45 (13) (e).

AB575,29,16 (8) Order; temporary placement. Upon finding probable cause under sub. (7), the court may order temporary protective placement for up to 45 days in a dementia crisis unit, pending the hearing for permanent protective placement. If the court does not find probable cause for placement in a dementia crisis unit but does find probable cause for placement in a protective placement facility other than a dementia crisis unit, it shall so order. The court may order any protective services that may be required. The order, and any subsequent extension of the order under s. 55.61, shall state that the county in which the original order for protective placement of the individual was issued shall be responsible for transportation of the individual to any facility to which placement of the individual is ordered upon discharge of the individual from the dementia crisis unit.

AB575,30,2 (9) Medication and treatment. When an individual is protectively placed in a dementia crisis unit under this section, or remains in a dementia crisis unit pursuant to an extension of an order issued under this section, the director and staff of the dementia crisis unit may evaluate, diagnose and treat the individual if the individual consents. The individual has a right to refuse medication and treatment except as provided in an order under s. 55.14 or 55.70 or in a situation in which medication or treatment is necessary to prevent serious physical harm to the individual or others. The director of the dementia crisis unit or his or her designee shall advise the individual of these rights. The court may order the involuntary administration of psychotropic medication as an emergency protective service to the individual only as provided in s. 55.70.

AB575,30,8 (10) Transfer. When, upon the advice of the treatment staff, the director of a dementia crisis unit in which an individual has been placed for emergency or temporary protective placement under this section determines that the grounds for emergency or temporary protective placement no longer exist, he or she shall notify the county department in order to arrange for transfer of the individual to a facility described in s. 55.12.

AB575,30,15 (11) Liability. Any individual who acts in accordance with this section, including making a determination whether an individual has dementia or whether an individual evidences a substantial probability of harm, is not liable for any actions taken in good faith. The good faith of the actor shall be presumed in any civil action. Whoever asserts that the individual who acts in accordance with this section has not acted in good faith has the burden of proving that assertion by evidence that is clear, satisfactory, and convincing.

AB575,30 Section 30. 55.61 of the statutes is created to read:

AB575,30,20 55.61 Extension of temporary protective placement in a dementia crisis unit. (1) Extension authorized. The court may extend for up to 60 days an order for temporary protective placement in a dementia crisis unit under s. 55.59 (8) if the requirements of this section are met.

AB575,31,5 (2) Petition. (a) Filing; service. Subject to par. (b), an individual under an order for temporary protective placement in a dementia crisis unit; the individual's guardian; the individual's legal counsel or guardian ad litem, if any; the department; the county department that placed the individual or provided the protective services under an order of the court; an agency with which the county department contracts under s. 55.02 (2); or any interested person may file a petition for extension of an order for temporary protective placement in a dementia crisis unit. The person filing the petition shall have the petition served on the individual, the individual's guardian, the individual's legal counsel and guardian ad litem, if any, and the county department.

AB575,31,12 (b) Time limit. Except in an emergency, if the petition described under par. (a) is being filed, the person filing the petition for extension of temporary protective placement in a dementia crisis unit shall file the petition no fewer than 10 days before the date of expiration of the period of temporary protective placement ordered under s. 55.59 (8). If an emergency makes it impossible to file a petition sooner, a petition may be filed up to 72 hours prior to expiration of the period of temporary protective placement ordered under s. 55.59 (8).

AB575,31,15 (c) Allegations. A person filing the petition under par. (a) shall allege in the petition for extension of an order for temporary protective placement in a dementia crisis unit that all of the following are true:

AB575,31,17 1. The individual continues to meet the standards for protective placement under s. 55.08 (1).

AB575,31,18 2. The individual has dementia.

AB575,31,21 3. The individual has engaged in behavior that creates a substantial risk of serious physical harm to himself or herself or others, as manifested by recent acts or omissions.

AB575,32,3 4. A physician has conducted a physical examination of the individual who is the subject of the petition; has determined and documented in writing that there is a reasonable probability that the behavior is not caused by a physical condition or illness that could be treated safely and appropriately in a setting other than a dementia crisis unit; and recommends that the individual continue placement in the dementia crisis unit for behavioral or psychiatric evaluation, diagnosis, services, or treatment.

AB575,32,13 5. Unless the individual continues placement in the dementia crisis unit for behavioral or psychiatric evaluation, diagnosis, services, or treatment, the individual will incur a substantial probability of physical harm, impairment, injury, or debilitation or will present a substantial probability of physical harm to others. The individual submitting the petition shall allege a substantial probability of physical harm to the individual or others by providing evidence of recent behavior of the individual or of recent acts or attempts or a pattern of recent acts or omissions by the individual or by evidence that the individual or others are placed at substantial risk of serious physical harm to them as evidenced by a recent overt act, attempt, or threat by the individual to do serious physical harm to them.

AB575,32,15 6. Reasonable efforts have been made to locate an appropriate placement for the individual in a less restrictive setting.

AB575,32,24 (3) Examination. (a) Appointment of examiners. Subject to par. (b), if a petition is filed under this section, the court shall appoint 2 licensed physicians specializing in psychiatry, or one licensed physician and one licensed psychologist, or 2 licensed physicians one of whom shall have specialized training in psychiatry, if available, or 2 licensed physicians to personally examine the individual. The court shall appoint examiners who have the specialized knowledge that the court determines to be appropriate to the needs of the individual. The examiners may not be related to the individual by blood, marriage, or adoption and may not have any interest in his or her property.

AB575,33,6 (b) Choice of examiner. The individual to be examined may select one of the examiners appointed under par. (a) if the individual makes his or her selection known to the court within 24 hours after he or she receives the petition for extension of the temporary protective placement in the dementia crisis unit. The court may deny the individual's selection if the examiner does not meet the requirements of par. (a) or the individual's selection is not available.