The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB565,1 1Section 1. 13.94 (1) (mg) of the statutes is created to read:
SB565,7,72 13.94 (1) (mg) No later than January 1, 2017, and biennially thereafter,
3perform a financial and performance evaluation audit of the Milwaukee County
4mental health board and of mental health functions, programs, and services in
5Milwaukee County including a review of the effectiveness of the Milwaukee County
6mental health board and new policies implemented under that board in providing
7mental health services, a review of the expenditures of the Milwaukee County

1mental health board, a review of Milwaukee County's expenditures for mental health
2functions, programs, and services and the outcomes of those programs and services
3in the period after the formation of the Milwaukee County mental health board. The
4legislative audit bureau shall file a copy of the audit report under this paragraph
5with the distributees specified in par. (b) and the Milwaukee County executive and
6the Milwaukee County board of supervisors. The audit under this paragraph does
7not count toward the limit of audits of a county in a calendar year in par. (m).
SB565,2 8Section 2. 15.07 (1) (b) 24. of the statutes is created to read:
SB565,7,109 15.07 (1) (b) 24. The Milwaukee County mental health board, subject to s.
1015.195 (9).
SB565,3 11Section 3. 15.07 (1) (cm) of the statutes is amended to read:
SB565,7,2412 15.07 (1) (cm) The term of one member of the government accountability board
13shall expire on each May 1. The terms of the 3 members of the land and water
14conservation board appointed under s. 15.135 (4) (b) 2. shall expire on January 1.
15The term of the member of the land and water conservation board appointed under
16s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered year. The terms of
17the appraiser members of the real estate appraisers board and the terms of the
18auctioneer and auction company representative members of the auctioneer board
19shall expire on May 1 in an even-numbered year. The terms of the members of the
20cemetery board shall expire on July 1 in an even-numbered year. The term of the
21student member of the Board of Regents of the University of Wisconsin System who
22is at least 24 years old shall expire on May 1 of every even-numbered year. The terms
23of 6 of the members of the Milwaukee County mental health board appointed under
24s. 15.195 (9) (b) shall expire on May 1 of an even-numbered year.
SB565,4 25Section 4. 15.07 (3) (bm) 7. of the statutes is created to read:
SB565,8,3
115.07 (3) (bm) 7. The Milwaukee County mental health board shall meet 4
2times each year and may meet at other times on the call of the chairperson or a
3majority of the board's members.
SB565,5 4Section 5. 15.195 (9) of the statutes is created to read:
SB565,8,75 15.195 (9) Milwaukee County mental health board. (a) There is created a
6Milwaukee County mental health board, which is attached to the department of
7health services under s. 15.03.
SB565,8,98 (b) Subject to par. (d), the board shall consist of the following 11 voting members
9appointed for 4-year terms except for the members under subds. 10. and 11.:
SB565,8,1710 1. A psychiatrist or psychologist who is suggested by the Milwaukee County
11board of supervisors. The Milwaukee County board of supervisors shall solicit
12suggestions for psychiatrists and psychologists from organizations including the
13Wisconsin Medical Society, the Medical Society of Milwaukee, the Wisconsin
14Psychological Association, and the Wisconsin Association of Family and Children's
15Agencies for individuals who specialize in a full continuum of behavioral health
16services for children. The Milwaukee County board of supervisors shall suggest to
17the governor 4 psychiatrists and psychologists for this board membership position.
SB565,8,2518 2. A psychiatrist or psychologist who is suggested by the Milwaukee County
19board of supervisors. The Milwaukee County board of supervisors shall solicit
20suggestions for psychiatrists and psychologists from organizations including the
21Wisconsin Medical Society, the Medical Society of Milwaukee, the Wisconsin
22Psychological Association, and the Milwaukee Co-occurring Competency Cadre for
23individuals who specialize in a full continuum of behavioral health services for
24adults. The Milwaukee County board of supervisors shall suggest to the governor
254 psychiatrists and psychologists for this board membership position.
SB565,9,8
13. A representative of the community who is a consumer of mental health
2services and who is suggested by the Milwaukee County board of supervisors. The
3Milwaukee County board of supervisors shall solicit suggestions for individuals who
4have experienced mental illness or substance abuse from organizations including
5Warmline, the Milwaukee Mental Health Task Force, and the Milwaukee
6Co-occurring Competency Cadre. The Milwaukee County board of supervisors shall
7suggest to the governor 4 representatives of the community for this board
8membership position.
SB565,9,169 4. A medical director who is suggested by the Milwaukee County executive.
10The Milwaukee County executive shall solicit suggestions from organizations
11including the Wisconsin Hospital Association for individuals who specialize in a full
12continuum of behavioral health and medical services including emergency
13detention, inpatient, residential, transitional, partial hospitalization, intensive
14outpatient, and wraparound community-based services. The Milwaukee County
15executive shall suggest to the governor 4 medical directors for this board
16membership position.
SB565,9,2417 5. An individual specializing in finance and administration who is suggested
18by the Milwaukee County executive. The Milwaukee County executive shall solicit
19suggestions from organizations including the Wisconsin Hospital Association, the
20Wisconsin County Human Services Association, and the Public Policy Forum for
21individuals with experience in analyzing healthcare operating expenses, revenues,
22and reimbursement and expertise in financial restructuring for sustainability. The
23Milwaukee County executive shall suggest to the governor 4 individuals specializing
24in finance and administration for this board membership position.
SB565,10,7
16. A health care provider with experience in the delivery of substance abuse
2services who is suggested by the Milwaukee County executive. The Milwaukee
3County executive shall solicit suggestions from organizations including the
4Milwaukee Co-occurring Competency Cadre for health care providers specializing
5in providing substance abuse services. The Milwaukee County executive shall
6suggest to the governor 4 health care providers with experience in the delivery of
7substance abuse services for this board membership position.
SB565,10,138 7. An individual with legal expertise. The governor shall solicit suggestions
9from organizations including the Legal Aid Society of Milwaukee, Legal Action of
10Wisconsin, Community Justice Counsel, and Disability Rights Wisconsin for 4
11individuals who have legal expertise specializing in emergency detention regulatory
12requirements including policies, procedures, provider responsibilities, and patient
13rights.
SB565,10,1914 8. A health care provider representing community-based mental health
15service providers. The governor shall solicit suggestions from organizations
16including the Milwaukee Health Care Partnership, the Milwaukee Mental Health
17Task Force, and the Milwaukee Co-occurring Competency Cadre for 4 health care
18providers specializing in community-based, recovery-oriented, mental health
19systems.
SB565,10,2520 9. An individual who is a consumer or family member representing
21community-based mental health service providers. The governor shall solicit
22suggestions from organizations including the Milwaukee Health Care Partnership,
23the Milwaukee Mental Health Task Force, and the Milwaukee Co-occurring
24Competency Cadre for 4 consumers and family members representing
25community-based mental health service providers.
SB565,11,5
110. An employee of the department of health services, as designated by the
2secretary of health services, who has direct knowledge of funding and systems,
3oversees the state mental health institutes, and is the official contact for the federal
4government on behavioral health issues or, if this individual is unavailable to serve
5on the board, the secretary of health services or his or her designee.
SB565,11,76 11. The chairperson of the Milwaukee Mental Health Task Force, or his or her
7designee.
SB565,11,98 (c) Subject to par. (d), the board shall consist of the following 2 nonvoting
9members appointed for 4-year terms:
SB565,11,2010 1. A health care provider who is on the academic staff at a higher education
11institution. The governor shall solicit suggestions from the Medical College of
12Wisconsin for individuals specializing in community-based, recovery-oriented
13mental health systems, maximizing comprehensive community-based services,
14prioritizing access to community-based services and reducing reliance on
15institutional and inpatient care, protecting the personal liberty of individuals
16experiencing mental illness so that they may be treated in the least restrictive
17environment to the greatest extent possible, providing early intervention to
18minimize the length and depth of psychotic and other mental health episodes,
19diverting people from the corrections system, when appropriate, or maximizing the
20use of mobile crisis units and crisis intervention training.
SB565,12,621 2. A health care provider who is on the academic staff at a higher education
22institution. The governor shall solicit suggestions from the University of
23Wisconsin—Madison for individuals specializing in community-based,
24recovery-oriented mental health systems, maximizing comprehensive
25community-based services, prioritizing access to community-based services and

1reducing reliance on institutional and inpatient care, protecting the personal liberty
2of individuals experiencing mental illness so that they may be treated in the least
3restrictive environment to the greatest extent possible, providing early intervention
4to minimize the length and depth of psychotic and other mental health episodes,
5diverting people from the corrections system, when appropriate, or maximizing the
6use of mobile crisis units and crisis intervention training.
SB565,12,87 (d) 1. The governor shall ensure that one of the members under par. (b) 1. and
82. is a psychologist.
SB565,12,129 2. When submitting suggestions for nominations of members under par. (b) the
10Milwaukee County executive and Milwaukee County board of supervisors shall
11attempt to ensure that individuals suggested are among the most-qualified and
12experienced in their field.
SB565,12,1513 3. Members under par. (b) who are health care providers shall have experience
14in providing services to the population that is serviced by the Milwaukee County
15mental health system.
SB565,12,1716 4. No member of the board may be an employee or contractor of Milwaukee
17County at the time of nomination.
SB565,12,2418 5. No member of the board may be a lobbyist, as defined in s. 13.62 (11). No
19member of the board may directly or indirectly solicit or receive subscriptions or
20contributions for any partisan political party or any political purpose while
21appointed to the board. No member of the board may engage in any form of political
22activity calculated to favor or improve the chances of any political party or any person
23seeking or attempting to hold partisan office. No member of the board may hold an
24elected office. Any violation of this subdivision is adequate grounds for dismissal.
SB565,13,8
16. No member under par. (b) may serve more than 2 consecutive terms in a
2membership position for which suggestions for nomination are made by the same
3individual or entity, except that a member may serve 3 consecutive terms in a
4membership position for which suggestions for nomination are made by the same
5individual or entity if one of those 3 terms is for less than 2 years. An individual who
6has served 2 consecutive 4-year terms or 3 consecutive terms totalling less than 10
7years is eligible to be suggested for nomination as a member under par. (b) after the
8individual has not served on the board for 12 months.
SB565,6 9Section 6. 17.07 (3r) of the statutes is created to read:
SB565,13,1110 17.07 (3r) (a) Notwithstanding sub. (3), a member of the Milwaukee County
11mental health board may be removed by any of the following:
SB565,13,1212 1. The governor, for cause.
SB565,13,1713 2. If the Milwaukee County executive suggested the member for nomination,
14the Milwaukee County executive, for neglect of duty, misconduct, malfeasance in
15office, failure to attend 4 board meetings in one year, or failure to attend 2 board
16meetings within one year without providing advance notice to the chairperson of the
17board.
SB565,13,2218 3. If the Milwaukee County board of supervisors suggested the member for
19nomination, the Milwaukee County board of supervisors, for neglect of duty,
20misconduct, malfeasance in office, failure to attend 4 board meetings in one year, or
21failure to attend 2 board meetings within one year without providing advance notice
22to the chairperson of the board.
SB565,13,2523 (b) Notwithstanding sub. (3), a member of the Milwaukee County mental
24health board shall be removed by the governor for engaging in an activity under s.
2515.195 (9) (d) that disqualifies an individual from board membership.
SB565,7
1Section 7. 20.435 (5) (kf) of the statutes is created to read:
SB565,14,42 20.435 (5) (kf) Milwaukee County mental health board. All moneys received
3under s. 51.41 (5) (b) for the general program operations of Milwaukee County
4mental health board.
SB565,8 5Section 8. 46.031 (2) of the statutes is amended to read:
SB565,14,106 46.031 (2) Assessment of needs. Before developing and submitting a proposed
7budget to the county executive or county administrator or the county board or the
8Milwaukee County mental health board
, the county departments listed in sub. (1)
9shall assess needs and inventory resources and services, using an open public
10participation process.
SB565,9 11Section 9. 46.031 (2g) (a) of the statutes is amended to read:
SB565,15,412 46.031 (2g) (a) The department shall annually submit to the county board of
13supervisors in a county with a single-county department, the Milwaukee County
14mental health board in Milwaukee County for matters related to mental health,
or
15the county boards of supervisors in counties with a multicounty department a
16proposed written contract containing the allocation of funds and such administrative
17requirements as necessary. The contract as approved may contain conditions of
18participation consistent with federal and state law. The contract may also include
19provisions necessary to ensure uniform cost accounting of services. Any changes to
20the proposed contract shall be mutually agreed upon. The county board of
21supervisors in a county with a single-county department, the Milwaukee County
22mental health board in Milwaukee County for matters related to mental health,
or
23the county boards of supervisors in counties with a multicounty department shall
24approve the contract before January 1 of the year in which it takes effect unless the
25department grants an extension. The county board of supervisors in a county with

1a single-county department, the Milwaukee County mental health board in
2Milwaukee County,
or the county boards of supervisors in counties with a
3multicounty department may designate an agent to approve addenda to any contract
4after the contract has been approved.
SB565,10 5Section 10. 46.031 (2g) (b) of the statutes is amended to read:
SB565,15,146 46.031 (2g) (b) The department may not approve contracts for amounts in
7excess of available revenues. The county board of supervisors in a county with a
8single-county department, the Milwaukee County mental health board in
9Milwaukee County for matters related to mental health,
or the county boards of
10supervisors in counties with a multicounty department may appropriate funds not
11used to match state funds under ss. 46.495 (1) (d) and 51.423. Actual expenditure
12of county funds shall be reported in compliance with procedures developed by the
13department, and shall comply with standards guaranteeing quality of care
14comparable to similar facilities.
SB565,11 15Section 11. 46.031 (2r) (b) of the statutes is amended to read:
SB565,16,516 46.031 (2r) (b) If the department withholds a portion of the allocable
17appropriation under par. (a), the county department affected by the action of the
18department may submit to the county board of supervisors in a county with a
19single-county department or to its designated agent, to the Milwaukee County
20mental health board if related to mental health in Milwaukee County,
or to the
21county boards of supervisors in counties with a multicounty department or their
22designated agents a plan to rectify the deficiency found by the department. The
23county board of supervisors or its designated agent in a county with a single-county
24department, the Milwaukee County mental health board if related to mental health,
25or the county boards of supervisors in counties with a multicounty department or

1their designated agents may approve or amend the plan and may submit for
2departmental approval the plan as adopted. If a multicounty department is
3administering a program, the plan may not be submitted unless each county board
4of supervisors which participated in the establishment of the multicounty
5department, or its designated agent, adopts it.
SB565,12 6Section 12. 46.031 (3) (a) of the statutes is amended to read:
SB565,17,27 46.031 (3) (a) Citizen advisory committee. Except as provided in par. (b), the
8county board of supervisors of each county, the Milwaukee County mental health
9board, as applicable,
or the county boards of supervisors of 2 or more counties jointly
10shall establish a citizen advisory committee to the county departments under ss.
1146.215, 46.22, 46.23, 51.42, and 51.437. The citizen advisory committee shall advise
12in the formulation of the budget under sub. (1). Membership on the committee shall
13be determined by the county board of supervisors in a county with a single-county
14committee, the Milwaukee County mental health board, as applicable, or by the
15county boards of supervisors in counties with a multicounty committee and shall
16include representatives of those persons receiving services, providers of service and
17citizens. A majority of the members of the committee shall be citizen and service
18consumers. The committee's membership may not consist of more than 25% county
19supervisors, nor of more than 20% service providers. The chairperson of the
20committee shall be appointed by the county board of supervisors establishing it or
21by the Milwaukee County mental health board, if it establishes the committee
. In
22the case of a multicounty committee, the chairperson shall be nominated by the
23committee and approved by the county boards of supervisors establishing it. The
24county board of supervisors in a county with a single-county committee or the county
25boards of supervisors in counties with a multicounty committee may designate an

1agent to determine the membership of the committee and to appoint the committee
2chairperson or approve the nominee.
SB565,13 3Section 13. 46.031 (3) (b) of the statutes is amended to read:
SB565,17,114 46.031 (3) (b) Alternate process. The county board of supervisors, the
5Milwaukee County mental health board, as applicable,
or the boards of 2 or more
6counties acting jointly may submit a report to the department on the open public
7participation process used under sub. (2). The county board of supervisors or the
8Milwaukee County mental health board
may designate an agent, or the boards of 2
9or more counties acting jointly may designate an agent, to submit the report. If the
10department approves the report, establishment of a citizen advisory committee
11under par. (a) is not required.
SB565,14 12Section 14. 46.031 (3) (c) of the statutes is amended to read:
SB565,17,1813 46.031 (3) (c) Yearly report. The county board of supervisors or its designated
14agent, the Milwaukee County mental health board, as applicable, or the boards of 2
15or more counties acting jointly or their designated agent, shall submit to the
16department a list of members of the citizen advisory committee under par. (a) or a
17report on the open public participation process under par. (b) on or before July 1 of
18each year.
SB565,15 19Section 15. 46.034 (3) of the statutes is amended to read:
SB565,18,1920 46.034 (3) With the agreement of the affected county board of supervisors in
21a county with a single-county department, the Milwaukee County mental health
22board, as applicable,
or boards of supervisors in counties with a multicounty
23department, effective for the contract period beginning January 1, 1980, the
24department may approve a county with a single-county department or counties
25participating in a multicounty department to administer a single consolidated aid

1consisting of the state and federal financial aid available to that county or those
2counties from appropriations under s. 20.435 (7) (b) and (o) for services provided and
3purchased by county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437.
4Under such an agreement, in the interest of improved service coordination and
5effectiveness, the county board of supervisors in a county with a single-county
6department, the Milwaukee County mental health board, as applicable, or county
7boards of supervisors in counties with a multicounty department may reallocate
8among county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437 funds
9that otherwise would be specified for use by a single county department. The budget
10under s. 46.031 (1) shall be the vehicle for expressing the proposed use of the single
11consolidated fund by the county board of supervisors in a county with a single-county
12department, the Milwaukee County mental health board, as applicable, or county
13boards of supervisors in counties with a multicounty department. Approval by the
14department of this use of the fund shall be in the contract under s. 46.031 (2g).
15Counties that were selected by the department to pilot test consolidated aids for
16contract periods beginning January 1, 1978, may continue or terminate
17consolidation with the agreement of the affected county board of supervisors in a
18county with a single-county department, the Milwaukee County mental health
19board,
or county boards of supervisors in counties with a multicounty department.
SB565,16 20Section 16. 46.175 of the statutes is amended to read:
SB565,19,5 2146.175 County institutions: minimum standards. Notwithstanding any
22other provision of law, any county currently operating an institution established
23under s. 49.70, 49.71, 49.72, 51.08, or 51.09 may, by resolution of the county board
24or, in Milwaukee County for institutions providing mental health treatment, the
25Milwaukee County mental health board
, designate such institution or distinct part

1of such institution as a facility to be operated under s. 50.02, 50.03 or 50.33. Any
2county institution or part thereof, where so designated, shall be required to meet
3those licensure standards established by the department for the type of facility
4designated by the county. Any designation under this section may be made only if
5such designation will not result in any additional cost to the state.
SB565,17 6Section 17. 46.18 (1) of the statutes is amended to read:
SB565,19,247 46.18 (1) Trustees. Every county home, infirmary, hospital, or similar
8institution, shall, subject to regulations approved by the county board except in
9Milwaukee County for county homes, infirmaries, hospitals, or institutions
10providing mental health treatment
, be managed by a board of trustees, electors of the
11county, chosen by ballot by the county board. In Milwaukee County, every county
12home, infirmary, hospital, or similar institution that provides mental health
13treatment shall, subject to standards and procedures adopted by the Milwaukee
14County mental health board, be managed by a board of trustees, electors of the
15county, chosen by ballot by the Milwaukee County mental health board.
At its
16annual meeting, the county board or the Milwaukee County mental health board, if
17applicable,
shall appoint an uneven number of trustees, from 3 to 9 at the option of
18the board, for staggered 3-year terms ending the first Monday in January. Any
19vacancy shall be filled for the unexpired term by the county board or the Milwaukee
20County mental health board, as applicable
; but the chairperson of the county board
21may appoint a trustee to fill the vacancy until the county board acts except for boards
22of trustees appointed by the Milwaukee County mental health board for which the
23chairperson of the Milwaukee County mental health board may appoint a trustee to
24fill the vacancy until the entire Milwaukee County mental health board acts
.
SB565,18 25Section 18. 46.18 (3) of the statutes is amended to read:
SB565,20,4
146.18 (3) Removal of trustee. Any trustee may be removed from office for
2misconduct or neglect, by a two-thirds vote of the county board or of the Milwaukee
3County mental health board, as applicable
, on due notice in writing and hearing of
4the charges against the trustee.
SB565,19 5Section 19. 46.18 (4) of the statutes is amended to read:
SB565,20,136 46.18 (4) Oath of office, bond, expenses, pay. Each trustee shall take and file
7the official oath and execute and file an official bond to the county, in the amount
8determined by the county board, or the Milwaukee County mental health board, as
9applicable,
and the sufficiency of the sureties shall be approved by the chairperson
10of the board. Each trustee shall be reimbursed for traveling expenses necessarily
11incurred in the discharge of the duties, and shall receive the compensation fixed by
12the county board or the Milwaukee County mental health board, as applicable,
13unless otherwise provided by law.
SB565,20 14Section 20. 46.18 (11) of the statutes is amended to read:
SB565,20,2015 46.18 (11) County appropriation. The county board or, in Milwaukee County,
16the Milwaukee County mental health board, as applicable,
shall annually
17appropriate for operation and maintenance of each such institution not less than the
18amount of state aid estimated by the trustees to accrue to said institution; or such
19lesser sum as may be estimated by the trustees to be necessary for operation and
20maintenance.
SB565,21 21Section 21. 46.18 (12) of the statutes is amended to read:
SB565,20,2522 46.18 (12) Additional duties. The county board or the Milwaukee County
23mental health board, as applicable,
may provide that the trustees and
24superintendent of any institution shall be the trustees and superintendent of any
25other institution.
SB565,22
1Section 22. 46.18 (13) of the statutes is amended to read:
SB565,21,192 46.18 (13) Building reserve fund. The Except in Milwaukee County, the
3county board shall maintain as a segregated cash reserve an annual charge of 2% of
4the original cost of new construction or purchase or of the appraised value of existing
5infirmary structures and equipment. In Milwaukee County, the Milwaukee County
6mental health board, for mental health infirmary structures and equipment, shall
7ensure the maintenance, as a segregated cash reserve, of an annual charge of 2
8percent of the original cost of new construction or purchase or of the appraised value
9of existing mental health infirmary structures and equipment.
If the infirmary or
10any of its equipment is replaced, any net cost of replacement in excess of the original
11cost is subject to an annual charge of 2%. No contributions to the cash reserve in
12excess of the amount required under this subsection may be included in the
13calculation under s. 49.726 (1). The county board, except the Milwaukee County
14board,
may from time to time appropriate from such reserve sums to be expended
15solely for the enlargement, modernization or replacement of such infirmary and its
16equipment. In Milwaukee County, the Milwaukee County mental health board may
17require to be appropriated from reserve sums for mental health infirmaries to be
18expended for the enlargement, modernization, or replacement of a mental health
19infirmary and its equipment.
SB565,23 20Section 23. 46.18 (14) of the statutes is amended to read:
SB565,22,421 46.18 (14) Incentive payments to patients in mental hospitals. The county
22board or, in Milwaukee County, the Milwaukee County mental health board may
23authorize the board of trustees of any county mental hospital to establish a program
24of incentive payments so as to provide incentive and encouragement to patients by
25the disbursement of small weekly payments but not restricted to work allowances.

1Incentive payments paid to inmates shall not be included as costs in arriving at the
2per capita rate for state aids or charges to other counties and the state for care of
3inmates. In counties having a population of 500,000 or more the county board of
4supervisors may establish a similar program.
SB565,24 5Section 24. 46.18 (15) of the statutes is amended to read:
SB565,22,136 46.18 (15) Joint operation of health-related service. If the county board of
7supervisors, or the Milwaukee County mental health board, as applicable, so
8authorizes, the trustees of the county hospital may, together with a private or public
9organization or affiliation, organize, establish and participate in the governance and
10operation of an entity to operate, wholly or in part, any health-related service, may
11participate in the financing of the entity and may provide administrative and
12financial services or resources for its operation on terms prescribed by the county
13board of supervisors or the Milwaukee County mental health board, as applicable.
SB565,25 14Section 25. 46.19 (4) of the statutes is amended to read:
SB565,22,2015 46.19 (4) The salaries of the superintendent, visiting physician and all
16necessary additional officers and employees shall be fixed by the county board. In
17Milwaukee County, the salaries of any superintendent of a mental health institution
18and the salaries of any visiting physician and necessary additional officers and
19employees whose duties are related to mental health shall be fixed by the county
20executive.
SB565,26 21Section 26. 46.21 (2) (a), (j), (k), (m) and (q), (2m) (a) and (b) 1. (intro.), (3), (3g),
22(3r), (4), (4m) (a) and (b) and (6) of the statutes are amended to read:
SB565,23,1123 46.21 (2) (a) Shall adopt policies for the management, operation, maintenance
24and improvement of the county hospital; the detention center; the probation section
25of the children's court center; the provision and maintenance of the physical facilities

1for the children's court and its intake section under the supervision and operation
2of the judges assigned to exercise jurisdiction under chs. 48 and 938 and as provided
3in s. 938.06 (1); the mental health complex; the county department of human
4services; the central service departments; and all buildings and land used in
5connection with any institution under this section except a mental health
6institution
. The powers and duties of the county board of supervisors are policy
7forming only, and not administrative or executive. The county board of supervisors
8may not form policies regarding mental health or mental health institutions,
9programs, or services. The Milwaukee County mental health board shall adopt the
10policies under this paragraph regarding mental health and mental health
11institutions, programs, and services.
SB565,23,2312 (j) May exercise approval or disapproval power over contracts and purchases
13of the director that are for $50,000 or more, except that the county board of
14supervisors may not exercise approval or disapproval power over any personal
15service contract or over any contract or purchase of the director that relates to
16community living arrangements, adult family homes, or foster homes and that was
17entered into pursuant to a contract under s. 46.031 (2g) or 301.031 (2g), regardless
18of whether the contract mentions the provider, except as provided in par. (m). The
19county board of supervisors may not exercise approval or disapproval power over any
20contract relating to mental health or mental health institutions, programs, or
21services.
This paragraph does not preclude the county board of supervisors from
22creating a central purchasing department for all county purchases that are not
23related to mental health
.
SB565,24,724 (k) Shall make sufficient appropriation annually for the support, maintenance,
25salaries, repairs and improvements to the county department of human services and

1the institutions, except for mental health institutions. The appropriations shall be
2used subject to the order of the director or administrator and as the policies adopted
3by the county board of supervisors provide. The director or administrator may not
4incur any expense or contract for new buildings, additions to present buildings or the
5purchase of land until the county board of supervisors, or the Milwaukee County
6mental health board, as applicable,
has appropriated or provided for the money to
7defray such expense.
SB565,25,58 (m) May establish and maintain in connection with such county hospital, an
9emergency unit or department for the treatment, subject to such rules as may be
10prescribed by the county board of supervisors, of persons in the county who may meet
11with accidents or be suddenly afflicted with illness not contagious; provided that
12medical care and treatment shall only be furnished in such unit or department until
13such time as the patient may be safely removed to another hospital or to his or her
14place of abode, or regularly admitted to the county hospital. The county board of
15supervisors may also contract with any private hospital or nonprofit hospital within
16the county for the use of its facilities and for medical service to be furnished by a
17licensed physician or physicians to patients who require emergency medical
18treatment or first aid as a result of any accident, injury or sudden affliction of illness
19occurring within the county, except that reasonable compensation may only be
20authorized until the patient is regularly admitted as an inpatient or safely removed
21to another hospital or to his place of abode. In this paragraph, "hospital" includes,
22without limitation due to enumeration, public health centers, medical facilities and
23general, tuberculosis, mental, chronic disease and other types of hospitals and
24related facilities, such as laboratories, outpatient departments, nurses' home and
25training facilities, and central service facilities operated in connection with

1hospitals. In this paragraph, "hospital" does not include any hospital furnishing
2primarily domiciliary care. In this paragraph "nonprofit hospital" means any
3hospital owned and operated by a corporation or association, no part of the net
4earnings of which inures, or may lawfully inure, to the benefit of any private
5shareholder or individual.
SB565,25,156 (q) May, together with a private or public organization or affiliation, organize,
7establish and participate in the governance and operation of an entity to operate,
8wholly or in part, any health-related service except a mental health-related service,
9may participate in the financing of the entity and may provide administrative and
10financial services or resources for its operation on terms prescribed by the county
11board of supervisors. The Milwaukee County mental health board may, together
12with a private or public organization or affiliation, organize, establish, and
13participate in the governance and operation of an entity to operate, wholly or in part,
14any mental health-related service, may participate in the financing of the entity, and
15may provide administrative and financial services or resources for its operation.
SB565,25,23 16(2m) (a) Creation. The management, operation, maintenance and
17improvement of human services in a county with a population of 500,000 750,000 or
18more is vested in a county department of human services under the jurisdiction, as
19to policy, of the county board of supervisors or, as to mental health policy, the
20Milwaukee County mental health board
. The county department of human services
21shall consist of the director appointed under sub. (1m), any division administrator
22appointed under sub. (4) or s. 51.41 (8), and necessary personnel appointed by the
23director or appointed by a division administrator and approved by the director.
SB565,26,224 (b) 1. (intro.) The county board of supervisors or, in matters related to mental
25health, the Milwaukee County mental health board
may transfer the powers and

1duties of any human services program under the control of the county and shall
2transfer all of the following to the county department of human services:
SB565,26,10 3(3) Powers and duties of the director. All of the administrative and executive
4powers and duties of managing, operating, maintaining and improving the county
5department of human services and other institutions and departments that the
6county board of supervisors or, in matters of mental health, the Milwaukee County
7mental health board
may place under the jurisdiction of the director are vested in the
8director, subject to the policies and in accordance with the principles adopted by the
9county board of supervisors or, in matters of mental health, the Milwaukee County
10health board
.
SB565,26,18 11(3g) Powers and duties of the administrator. All of the administrative and
12executive powers and duties of managing, operating, maintaining and improving the
13county hospital and other institutions and departments that the county board of
14supervisors or, in matters of mental health, the Milwaukee County mental health
15board
may place under the jurisdiction of the administrator are vested in the
16administrator, subject to the policies and in accordance with the principles adopted
17by the county board of supervisors or, in matters of mental health, the Milwaukee
18County mental health board
.
SB565,26,25 19(3r) Other powers and duties. The county board of supervisors or, in matters
20of mental health, the Milwaukee County mental health board
may place under the
21jurisdiction of county entities not specified under this section the administrative and
22executive powers and duties of managing, operating, maintaining and improving
23institutions and departments or other responsibilities that are specified in sub. (2),
24including functions related to the central service departments and buildings and
25land used in connection with any institution under sub. (2).
SB565,27,4
1(4) Management personnel. The Except as provided in s. 51.41 (8), the director
2may appoint personnel to manage the county department of human services and the
3administrator may appoint personnel to manage the county hospital, in accordance
4with ordinances of the county board of supervisors.
SB565,27,12 5(4m) (a) The county hospitals and county sanatoriums of a county with a
6population of 500,000 750,000 or more shall be devoted to hospital service and the
7treatment of patients upon such terms and conditions as the county board of
8supervisors or, in matters of mental health, the Milwaukee County mental health
9board
establishes. The hospitals and sanatoriums may be utilized for instruction of
10medical students, physicians and nurses and for scientific and clinical research that
11will promote the welfare of the patients and assist the application of science to the
12alleviation of human suffering.
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