AB575: Bill Text

AB575,39,11 (4) Consent of guardian required. No individual may be transferred under this section without the written consent of the individual's guardian except in the case of an emergency transfer under sub. (6).

AB575,39,14 (5) Consent of county department. No individual may be transferred under this section without the written consent of the county department except in the case of an emergency transfer under sub. (6).

AB575,39,22 (6) Emergency transfer; petition. If an emergency makes it impossible to file a petition as specified in sub. (2) or to obtain the prior written consent of the guardian specified in sub. (4), the individual may be transferred without the prior written consent of the guardian, without written consent of the county department, and without a prior court order. A petition containing all of the allegations in sub. (3) and identification of the specific facts and circumstances which made it impossible to carry out the transfer under the nonemergency procedures shall be filed immediately upon transfer.

AB575,40,2 (7) Hearing. (a) The court shall order a hearing within 72 hours after an individual is transferred under sub. (6) or a petition is filed under sub. (2). At the request of the individual or his or her counsel or guardian ad litem, the hearing may be postponed, but in no case may the postponement exceed 7 days from the date of the emergency transfer.

AB575,40,5 (b) The court shall notify the petitioner, the individual under protective placement, the individual's guardian, the individual's attorney, if any, and the county department of the time and place of the hearing.

AB575,40,8 (c) A guardian ad litem shall be appointed to represent the individual under protective placement at the hearing. If the individual is indigent, the county in which the hearing is held shall be liable for guardian ad litem fees.

AB575,40,12 (d) The court shall refer the individual under protective placement for appointment of legal counsel as provided under s. 55.105 if the individual, the individual's guardian ad litem, or anyone on the individual's behalf requests that counsel be appointed for the individual.

AB575,40,15 (e) The petitioner, the individual under protective placement, the individual's guardian, the individual's guardian ad litem, and the individual's attorney, if any, have the right to attend the hearing and to present and cross-examine witnesses.

AB575,40,17 (8) Standard for transfer. In determining whether to approve a proposed or emergency transfer the court shall consider all of the following:

AB575,40,18 (a) Whether there is probable cause to believe the allegations under sub. (3).

AB575,40,20 (b) Whether the proposed transfer to a dementia crisis unit is in the best interests of the individual.

AB575,40,23 (c) In the case of an emergency transfer, whether there is probable cause to believe that specific facts and circumstances specified under sub. (6) made it impossible to carry out the transfer under nonemergency procedures.

AB575,40,25 (9) Order relating to transfer. Following the hearing under sub. (7), the court shall do one of the following:

AB575,41,6 (a) If the court finds that the individual continues to meet the standards for protective placement under s. 55.08 (1) and the allegations under sub. (3) and, if applicable, sub. (6) are not true, the court shall issue an order prohibiting the transfer. The court shall identify in the order the information relied upon as a basis for the order and shall make findings based on the allegations under sub. (3) and, if applicable, sub. (6) in support of the denial of the transfer.

AB575,41,14 (b) If the court finds that the individual continues to meet the standards for protective placement under s. 55.08 (1) and the allegations under sub. (3) and, if applicable, sub. (6) are true, the court shall order transfer to a dementia crisis unit for a period not to exceed 45 days. The order and any subsequent extension of the order under s. 55.67 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.

AB575,41,17 (c) If the court finds that the individual no longer meets the standards for protective placement under s. 55.08 (1), the court shall terminate the protective placement as provided in s. 55.17.

AB575,42,3 (10) Medication and treatment. When an individual is 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 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 under s. 55.70.

AB575,42,8 (11) Rights. When, upon the advice of the treatment staff, the director of a dementia crisis unit to which an individual has been transferred under this section determines that the grounds for transfer no longer exist, he or she shall notify the county department in order to arrange for transfer to a protective placement facility under s. 55.12.

AB575,42,15 (12) Liability. Any individual who acts in accordance with this section, including making a determination that an individual has or does not have dementia or evidences or does not evidence 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.

AB575,32 Section 32. 55.67 of the statutes is created to read:

AB575,42,20 55.67 Extension of temporary transfer to a dementia crisis unit. (1) Extension authorized. A court may extend for up to 60 days an order for temporary transfer to a dementia crisis unit under s. 55.65 (9) if the requirements of this section are met.

AB575,43,4 (2) Petition. (a) Filing; service. Subject to par. (b), an individual under an order for temporary transfer to 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 the order for temporary transfer to 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.

AB575,43,11 (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 transfer to a dementia crisis unit shall file the petition no fewer than 10 days before the date of expiration of the period of temporary transfer ordered under s. 55.65 (9). If an emergency makes it impossible to file a petition sooner, a petition may be filed up to 72 hours before the expiration of the period of temporary transfer ordered under s. 55.65 (9).

AB575,43,14 (c) Allegations. A person filing the petition under par. (a) shall allege in the petition for extension of an order for temporary transfer to a dementia crisis unit that all of the following are true:

AB575,43,16 1. The individual continues to meet the standards for protective placement under s. 55.08 (1).

AB575,43,17 2. The individual has dementia.

AB575,43,20 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.

AB575,44,2 4. 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 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.

AB575,44,12 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 that substantial probability 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.

AB575,44,14 6. Reasonable efforts have been made to locate an appropriate placement for the individual in a less restrictive setting.

AB575,44,22 (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 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.

AB575,45,3 (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.

AB575,45,11 (c) Right to additional examination. If the individual, the individual's attorney, or any other interested party with the court's permission requests, the individual has a right at his or her own expense to secure an additional medical or psychological examination and to offer the evaluator's personal testimony as evidence at the hearing. If the individual who is the subject of the petition is indigent, requests an additional medical or psychological examination, and has approval of the court hearing the petition, the individual's county of residence shall pay a reasonable expense for the additional examination.

AB575,45,19 (d) Notice to examinee; remaining silent. Before the examination, the individual who is the subject of the examination shall be informed that his or her statements can be used as a basis for an extension of the current temporary placement in the dementia crisis unit, that he or she has the right to remain silent and that the examiner is required to make a report to the court even if the individual remains silent. The issuance of such a warning to the individual prior to each examination establishes a presumption that the individual understands that he or she need not speak to the examiner.

AB575,46,7 (e) Examiner report; conclusions. The examiners shall personally observe and examine the individual at any suitable place and satisfy themselves, if reasonably possible, as to the individual's mental condition. Each examiner shall make an independent written report and file that report with the court. The individual's treatment records shall be available to the examiners. The report and testimony, if any, by the examiners shall be based on beliefs to a reasonable degree of medical certainty, or professional certainty if an examiner is a psychologist, in regard to the existence of the facts alleged in the petition and the appropriateness of various treatment modalities or facilities. If the examiners are unable to reach conclusions to a reasonable degree of medical or professional certainty, the examiners shall so state in their report and testimony, if any. The individual, the individual's attorney, and the guardian ad litem shall have access to all psychiatric and other reports at least 72 hours in advance of the hearing under sub. (4).

AB575,46,16 (f) Discovery. On motion of either party, all parties shall produce at a reasonable time and place designated by the court all physical evidence which each party intends to introduce in evidence at the hearing under sub. (4). Any party shall be permitted to inspect, copy, photograph, or transcribe such physical evidence in the presence of a person designated by the court. The order shall specify the time, place and manner of making the inspection, copies, photographs, or transcriptions, and may prescribe such terms and conditions as are just. The court may, if the motion is made by the individual, delay the hearing for any period necessary for completion of discovery.

AB575,46,20 (4) Hearing. A hearing on the petition for extension shall be held prior to the expiration of the order for temporary transfer of the individual to a dementia crisis unit under s. 55.65 (9). A trial by a jury shall be held if demanded by the individual sought to be protected or his or her attorney or guardian ad litem.

AB575,46,24 (5) Order. After a hearing under sub. (4) on a petition for extension of an order for temporary transfer to a dementia crisis unit, the court shall make one of the following orders and shall identify in the order the information relied on as a basis for that order:

AB575,47,3 (a) If the court finds that the allegations under sub. (2) (c) are true, it shall order continued temporary transfer to the dementia crisis unit for a period not to exceed 60 days from the date of expiration of the original order under s. 55.65 (9).

AB575,47,7 (b) If the court finds that the allegations under sub. (2) (c) are true, but that the individual would be better served in a different dementia crisis unit, it shall order transfer of the individual to that dementia crisis unit and temporary placement in that dementia crisis unit for no longer than 60 days.

AB575,47,11 (c) If the court finds that the allegations under sub. (2) (c) 2. to 6. are not true, but the individual continues to meet the standards for protective placement under s. 55.08 (1), the court shall order transfer of the individual to a facility for permanent protective placement.

AB575,47,14 (d) If the court finds the individual no longer meets the standards for protective placement under s. 55.08 (1), it shall terminate the protective placement as provided in s. 55.17.

AB575,48,2 (6) Subsequent extensions. The court may extend an order under (5) (a) or (b) in increments of no more than 60 days. For each such extension, a person described under sub. (2) (a) shall file a petition alleging that the individual meets the standards under sub. (2) (c) no later than 10 days prior to the expiration of the most-recently issued order for temporary transfer to a dementia crisis unit. 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 transfer ordered under sub. (5). The petition shall be served on the individual, the individual's guardian, the individual's legal counsel and guardian ad litem, if any, and the county department. Examination shall be conducted as provided in sub. (3). A hearing shall be held prior to the expiration of the most-recently issued order for temporary placement. A trial by a jury shall be held if demanded by the individual or his or her attorney or guardian ad litem. After the hearing, the court shall issue an order as provided in sub. (5).

AB575,33 Section 33. 55.70 of the statutes is created to read:

AB575,48,5 55.70 Emergency involuntary administration of psychotropic medications. (1) In this section:

AB575,48,7 (a) "Involuntary administration of psychotropic medication" has the meaning given in s. 55.14 (1) (a).

AB575,48,12 (b) "Not competent to refuse psychotropic medication" means that, as a result of dementia, serious and persistent mental illness, or other like incapacities, and after the advantages and disadvantages of and alternatives to accepting the particular psychotropic medication have been explained to an individual, any of the following are true:

AB575,48,15 1. The individual is incapable of expressing an understanding of the advantages and disadvantages of accepting treatment and the alternatives to accepting treatment.

AB575,48,19 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.

AB575,48,20 (c) "Protest" has the meaning given in s. 55.14 (1) (c).

AB575,48,21 (d) "Psychotropic medication" has the meaning given in s. 55.14 (1) (d).

AB575,48,25 (2) Involuntary administration of psychotropic medication may be provided as an emergency protective service to an individual who has or, based on observation and currently available information, appears to have dementia, if all of the following are true:

AB575,49,1 (a) A physician has prescribed the psychotropic medication for the individual.

AB575,49,2 (b) The individual is not competent to refuse psychotropic medication.

AB575,49,6 (c) The individual's condition or symptoms for which psychotropic medication has been prescribed are likely to be improved or alleviated by administration of psychotropic medication and the individual is likely to respond positively to psychotropic medication.

AB575,49,9 (d) 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.

AB575,49,13 (e) For an individual who is not currently placed in a dementia crisis unit, there is a substantial likelihood that unless psychotropic medication is administered involuntarily, the individual will be subject to involuntary placement in a dementia crisis unit under s. 55.59.

AB575,49,17 (f) If the individual 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), all of the following are true:

AB575,49,21 1. A physician has conducted a physical examination of the individual and a physician 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 successfully by means other than psychotropic medication.

AB575,49,25 2. The facility has made reasonable efforts to address or accommodate the behavior or condition for which involuntary administration of psychotropic medication is requested and these efforts are documented in the individual's plan of care.

AB575,50,3 3. The facility has prepared detailed documentation of the behaviors or condition of the individual for which involuntary administration of psychotropic medication is sought.

AB575,50,5 (g) The individual meets the standards for protective services under s. 55.08 (2).

AB575,50,17 (3) Any county department or agency with which the county department contracts under s. 55.02 (2) that provides involuntary administration of psychotropic medication as an emergency protective service to an individual under sub. (2) shall immediately file with the court a petition for involuntary administration of psychotropic medication to the individual under s. 55.14. The petition shall be served on the individual, the individual's guardian, the individual's legal counsel, and guardian ad litem, if any, and the county department. The court shall hold a preliminary hearing shall be held within 72 hours after the first dose of medication is administered under sub. (2), excluding Saturdays, Sundays, and legal holidays, to establish probable cause that the criteria under s. 55.14 are present. The county department or agency shall provide the individual with written notice of, and orally inform the individual of, the time and place of the preliminary hearing.

AB575,50,20 (4) If the individual is not under guardianship, a petition for guardianship shall accompany the petition for involuntary administration of psychotropic medication under sub. (3).

AB575,51,2 (5) Upon finding probable cause under sub. (3) and finding that the medication will not unreasonably impair the ability of the individual to prepare for and participate in subsequent legal proceedings, the court may order involuntary administration of psychotropic medication to continue to be provided as an emergency protective service to the individual for up to 30 days after the date of the order, pending the hearing under s. 55.14. If the individual is not under guardianship, the court shall appoint a temporary guardian.

AB575,51,5 (6) If the individual is under guardianship, a good faith effort shall be made to obtain the consent of the guardian before involuntary administration of psychotropic medication is provided as an emergency protective service.

AB575,34 Section 34. 55.73 of the statutes is created to read:

AB575,51,14 55.73 County reports. (1) Before the first day of the 13th month beginning after the effective date of this subsection .... [LRB inserts date], the county department shall prepare and submit a report to the department that identifies any dementia crisis unit that it has designated under s. 55.55 and the capacity of each designated unit. The county shall include in the report a description of the process used to solicit information and advice from the public and a summary of the information and advice received. The county shall update the report whenever the county makes a new designation or revokes a designation from a unit.

AB575,51,18 (2) The county department shall annually prepare and submit a report to the department that states the total number of petitions filed in the county under 55.59 and 55.65 and the total number of those petitions that resulted in a placement in a dementia crisis unit.

AB575,35 Section 35. 55.74 of the statutes is created to read:

AB575,51,22 55.74 Department reports to the legislature. By June 30 of each even-numbered year, the department shall submit to the legislature under s. 13.172 (2) a report that includes all of the following:

AB575,51,25 (1) Identification of the dementia crisis units designated by counties under s. 55.55 and the capacity of those units, as provided in reports submitted by counties under s. 55.73 (1).

AB575,52,3 (2) A summary of the procedures used by counties to solicit information and advice from the public when making dementia crisis unit designations under s. 55.55, as provided in reports submitted under s. 55.73 (1).

AB575,52,5 (3) A summary of the information provided to the department by counties under s. 55.73 (2).

AB575,52,6 (End)