51.44 Cross-reference
Cross Reference: See also ch.
HFS 90, Wis. adm. code.
51.45
51.45
Prevention and control of alcoholism. 51.45(1)
(1)
Declaration of policy. It is the policy of this state that alcoholics and intoxicated persons may not be subjected to criminal prosecution because of their consumption of alcohol beverages but rather should be afforded a continuum of treatment in order that they may lead normal lives as productive members of society.
51.45(2)
(2) Definitions. As used in this section, unless the context otherwise requires:
51.45(2)(b)
(b) "Approved private treatment facility" means a private agency meeting the standards prescribed in
sub. (8) (a) and approved under
sub. (8) (c).
51.45(2)(c)
(c) "Approved public treatment facility" means a treatment agency operating under the direction and control of the department or providing treatment under this section through a contract with the department under
sub. (7) (g) or with the county department under
s. 51.42 (3) (ar) 2., and meeting the standards prescribed in
sub. (8) (a) and approved under
sub. (8) (c).
51.45(2)(cr)
(cr) "Designated person" means a person who performs, in part, the protective custody functions of a law enforcement officer under
sub. (11), operates under an agreement between a county department and an appropriate law enforcement agency under
sub. (11), and whose qualifications are established by the county department.
51.45(2)(d)
(d) "Incapacitated by alcohol" means that a person, as a result of the use of or withdrawal from alcohol, is unconscious or has his or her judgment otherwise so impaired that he or she is incapable of making a rational decision, as evidenced objectively by such indicators as extreme physical debilitation, physical harm or threats of harm to himself or herself or to any other person, or to property.
51.45(2)(e)
(e) "Incompetent person" means a person who has been adjudged incompetent by the circuit court.
51.45(2)(f)
(f) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol.
51.45(2)(g)
(g) "Treatment" means the broad range of emergency, outpatient, intermediate, and inpatient services and care, including diagnostic evaluation, medical, surgical, psychiatric, psychological, and social service care, vocational rehabilitation and career counseling, which may be extended to alcoholics and intoxicated persons, and psychiatric, psychological and social service care which may be extended to their families. Treatment may also include, but shall not be replaced by, physical detention of persons, in an approved treatment facility, who are involuntarily committed or detained under
sub. (12) or
(13).
51.45(2m)(a)(a) Except as otherwise stated in this section, this section shall apply equally to minors and adults.
51.45(2m)(b)
(b) Subject to the limitations specified in
s. 51.47, a minor may consent to treatment under this section.
51.45(2m)(c)1.
1. The court may appoint a guardian ad litem for the minor; and
51.45(2m)(c)2.
2. The parents or guardian of the minor, if known, shall receive notice of all proceedings.
51.45(3)
(3) Powers of department. To implement this section, the department may:
51.45(3)(a)
(a) Plan, establish and maintain treatment programs as necessary or desirable.
51.45(3)(b)
(b) Make contracts necessary or incidental to the performance of its duties and the execution of its powers, including contracts with public and private agencies, organizations, and individuals to pay them for services rendered or furnished to alcoholics or intoxicated persons.
51.45(3)(c)
(c) Keep records and engage in research and the gathering of relevant statistics.
51.45(3)(d)
(d) Provide information and referral services as optional elements of the comprehensive program it develops under
sub. (7).
51.45(4)
(4) Duties of department. The department shall:
51.45(4)(a)
(a) Develop, encourage and foster statewide, regional, and local plans and programs for the prevention of alcoholism and treatment of alcoholics and intoxicated persons in cooperation with public and private agencies, organizations, and individuals and provide technical assistance and consultation services for these purposes.
51.45(4)(b)
(b) Coordinate the efforts and enlist the assistance of all public and private agencies, organizations and individuals interested in prevention of alcoholism and treatment of alcoholics and intoxicated persons.
51.45(4)(c)
(c) Assure that the county department provides treatment for alcoholics and intoxicated persons in county, town and municipal institutions for the detention and incarceration of persons charged with or convicted of a violation of a state law or a county, town or municipal ordinance.
51.45(4)(d)
(d) Cooperate with the department of public instruction, local boards of education, schools, police departments, courts, and other public and private agencies, organizations and individuals in establishing programs for the prevention of alcoholism and treatment of alcoholics and intoxicated persons, and preparing curriculum materials thereon for use at all levels of school education.
51.45(4)(e)
(e) Prepare, publish, evaluate and disseminate educational material dealing with the nature and effects of alcohol.
51.45(4)(f)
(f) Develop and implement and assure that county departments develop and implement, as an integral part of treatment programs, an educational program for use in the treatment of alcoholics and intoxicated persons, which program shall include the dissemination of information concerning the nature and effects of alcohol.
51.45(4)(g)
(g) Organize and foster training programs for all persons engaged in treatment of alcoholics and intoxicated persons.
51.45(4)(h)
(h) Sponsor and encourage research into the causes and nature of alcoholism and treatment of alcoholics and intoxicated persons, and serve as a clearinghouse for information relating to alcoholism.
51.45(4)(i)
(i) Specify uniform methods for keeping statistical information by public and private agencies, organizations, and individuals, and collect and make available relevant statistical information, including number of persons treated, frequency of admission and readmission, and frequency and duration of treatment.
51.45(4)(j)
(j) Advise the governor or the state health planning and development agency under
P.L. 93-641, as amended, in the preparation of a comprehensive plan for treatment of alcoholics and intoxicated persons for inclusion in the state's comprehensive health plan.
51.45(4)(k)
(k) Review all state health, welfare and treatment plans to be submitted for federal funding under federal legislation, and advise the governor or the state health planning and development agency under
P.L. 93-641, as amended, on provisions to be included relating to alcoholics and intoxicated persons.
51.45(4)(L)
(L) Develop and maintain, in cooperation with other state agencies, local governments and businesses and industries in the state, appropriate prevention, treatment and rehabilitation programs and services for alcohol abuse and alcoholism among employees thereof.
51.45(4)(m)
(m) Utilize the support and assistance of interested persons in the community, particularly recovered alcoholics, to encourage alcoholics voluntarily to undergo treatment.
51.45(4)(n)
(n) Cooperate with the department of transportation in establishing and conducting programs designed to deal with the problem of persons operating motor vehicles while intoxicated.
51.45(4)(o)
(o) Encourage general hospitals and other appropriate health facilities to admit without discrimination alcoholics and intoxicated persons and to provide them with adequate and appropriate treatment.
51.45(4)(p)
(p) Submit to the governor or the state health planning and development agency under
P.L. 93-641, as amended, an annual report covering the activities of the department relating to treatment of alcoholism.
51.45(4)(q)
(q) Gather information relating to all federal programs concerning alcoholism, whether or not subject to approval by the department, to assure coordination and avoid duplication of efforts.
51.45(7)
(7) Comprehensive program for treatment. 51.45(7)(a)(a) The department shall establish a comprehensive and coordinated program for the treatment of alcoholics and intoxicated persons.
51.45(7)(b)
(b) The program of the department shall include:
51.45(7)(b)1.
1. Emergency medical treatment provided by a facility affiliated with or part of the medical service of a general hospital.
51.45(7)(b)2.
2. Nonmedical emergency treatment provided by a facility having a written agreement with a general hospital for the provision of emergency medical treatment to patients as may be necessary.
51.45(7)(b)4.
4. Intermediate treatment as a part-time resident of a treatment facility.
51.45(7)(b)6.
6. Extended care in a sheltered living environment with minimal staffing providing a program emphasizing at least one of the following elements: the development of self-care, social and recreational skills or prevocational or vocational training.
51.45(7)(c)
(c) The department shall provide for adequate and appropriate treatment for alcoholics and intoxicated persons admitted under
subs. (10) to
(13). Treatment may not be provided at a correctional institution except for inmates.
51.45(7)(d)
(d) The superintendent of each facility shall make an annual report of its activities to the secretary in the form and manner the secretary specifies.
51.45(7)(e)
(e) All appropriate public and private resources shall be coordinated with and utilized in the program if possible.
51.45(7)(f)
(f) The secretary shall prepare, publish and distribute annually a list of all approved public and private treatment facilities.
51.45(7)(g)
(g) The department may contract for the use of any facility as an approved public treatment facility if the secretary considers this to be an effective and economical course to follow.
51.45(8)
(8) Standards for public and private treatment facilities; enforcement procedures. 51.45(8)(a)(a) The department shall establish minimum standards for approved treatment facilities that must be met for a treatment facility to be approved as a public or private treatment facility, except as provided in
s. 51.032, and fix the fees to be charged by the department for the required inspections. The standards may concern only the health standards to be met and standards of treatment to be afforded patients and shall distinguish between facilities rendering different modes of treatment. In setting standards, the department shall consider the residents' needs and abilities, the services to be provided by the facility, and the relationship between the physical structure and the objectives of the program. Nothing in this subsection shall prevent county departments from establishing reasonable higher standards.
51.45(8)(b)
(b) The department periodically shall make unannounced inspections of approved public and private treatment facilities at reasonable times and in a reasonable manner.
51.45(8)(c)
(c) Approval of a facility must be secured under this section before application for a grant-in-aid for such facility under
s. 51.423 or before treatment in any facility is rendered to patients.
51.45(8)(d)
(d) Each approved public and private treatment facility shall file with the department on request, data, statistics, schedules and information the department reasonably requires, including any data or information specified under
s. 46.973 (2m). An approved public or private treatment facility that without good cause fails to furnish any data, statistics, schedules or information as requested, or files fraudulent returns thereof, shall be removed from the list of approved treatment facilities.
51.45(8)(e)
(e) The department, after notice and hearing, may under this subsection suspend, revoke, limit, or restrict an approval, or refuse to grant an approval, for failure to meet its standards.
51.45(8)(f)
(f) The circuit court may restrain any violation of this section, review any denial, restriction or revocation of approval under this subsection, and grant other relief required to enforce its provisions.
51.45(9)
(9) Acceptance for treatment; rules. The secretary shall promulgate rules for acceptance of persons into the treatment program, considering available treatment resources and facilities, for the purpose of early and effective treatment of alcoholics and intoxicated persons. In promulgating the rules the secretary shall be guided by the following standards:
51.45(9)(a)
(a) If possible a patient shall be treated on a voluntary rather than an involuntary basis.
51.45(9)(b)
(b) A patient shall be initially assigned or transferred to outpatient or intermediate treatment, unless the patient is found to require inpatient treatment.
51.45(9)(c)
(c) No person may be denied treatment solely because the person has withdrawn from treatment against medical advice on a prior occasion or because the person has relapsed after earlier treatment.
51.45(9)(d)
(d) An individualized treatment plan shall be prepared and maintained on a current basis for each patient.
51.45(9)(e)
(e) Provision shall be made for a continuum of coordinated treatment services, so that a person who leaves a facility or a form of treatment will have available and utilize other appropriate treatment.
51.45(10)
(10) Voluntary treatment of alcoholics. 51.45(10)(a)(a) An adult alcoholic may apply for voluntary treatment directly to an approved public treatment facility. If the proposed patient is an incompetent person who has not been deprived of the right to contract under
subch. I of ch. 880, the person or a legal guardian or other legal representative may make the application. If the proposed patient is an incompetent person who has been deprived of the right to contract under
subch. I of ch. 880, a legal guardian or other legal representative may make the application.
51.45(10)(am)
(am) A minor may apply for voluntary treatment directly to an approved public treatment facility, but only for those forms of treatment specified in
sub. (7) (b) 5. and
7. Section 51.13 shall govern voluntary admission of a minor alcoholic to an inpatient treatment facility.
51.45(10)(b)
(b) Subject to rules promulgated by the department, the superintendent in charge of an approved public treatment facility may determine who shall be admitted for treatment. If a person is refused admission to an approved public treatment facility, the superintendent, subject to rules promulgated by the department, shall refer the person to another approved public treatment facility for treatment if possible and appropriate.
51.45(10)(c)
(c) If a patient receiving inpatient care leaves an approved public treatment facility, the patient shall be encouraged to consent to appropriate outpatient or intermediate treatment. If it appears to the superintendent in charge of the treatment facility that the patient is an alcoholic or intoxicated person who requires help, the county department shall arrange for assistance in obtaining supportive services and residential facilities. If the patient is an incompetent person the request for discharge from an inpatient facility shall be made by a legal guardian or other legal representative or by the incompetent if he or she was the original applicant.
51.45(10)(d)
(d) If a patient leaves an approved public treatment facility, with or against the advice of the superintendent in charge of the facility, the county department may make reasonable provisions for the patient's transportation to another facility or to his or her home or may assist the patient in obtaining temporary shelter.
51.45(10)(e)
(e) This subsection applies only to admissions of alcoholics whose care and treatment is to be paid for by the department or a county department.
51.45(11)
(11) Treatment and services for intoxicated persons and others incapacitated by alcohol. 51.45(11)(a)(a) An intoxicated person may come voluntarily to an approved public treatment facility for emergency treatment. Any law enforcement officer, or designated person upon the request of a law enforcement officer, may assist a person who appears to be intoxicated in a public place and to be in need of help to his or her home, an approved treatment facility or other health facility, if such person consents to the proffered help.
Section 51.13 shall govern voluntary admission of an intoxicated minor to an inpatient facility under this paragraph.
51.45(11)(b)
(b) A person who appears to be incapacitated by alcohol shall be placed under protective custody by a law enforcement officer. The law enforcement officer shall either bring such person to an approved public treatment facility for emergency treatment or request a designated person to bring such person to the facility for emergency treatment. If no approved public treatment facility is readily available or if, in the judgment of the law enforcement officer or designated person, the person is in need of emergency medical treatment, the law enforcement officer or designated person upon the request of the law enforcement officer shall take such person to an emergency medical facility. The law enforcement officer or designated person, in detaining such person or in taking him or her to an approved public treatment facility or emergency medical facility, is holding such person under protective custody and shall make every reasonable effort to protect the person's health and safety. In placing the person under protective custody the law enforcement officer may search such person for and seize any weapons. Placement under protective custody under this subsection is not an arrest. No entry or other record shall be made to indicate that such person has been arrested or charged with a crime. A person brought to an approved public treatment facility under this paragraph shall be deemed to be under the protective custody of the facility upon arrival.
51.45(11)(bm)
(bm) If the person who appears to be incapacitated by alcohol under
par. (b) is a minor, either a law enforcement officer or a person authorized to take a child into custody under
ch. 48 or to take a juvenile into custody under
ch. 938 may take the minor into custody as provided in
par. (b).
51.45(11)(c)
(c) A person who comes voluntarily or is brought to an approved treatment facility shall be examined by trained staff as soon as practicable in accordance with a procedure developed by the facility in consultation with a licensed physician. The person may then be admitted as a patient or referred to another treatment facility or to an emergency medical facility, in which case the county department shall make provision for transportation. Upon arrival, the person shall be deemed to be under the protective custody of the facility to which he or she has been referred.
51.45(11)(d)
(d) A person who by examination pursuant to
par. (c) is found to be incapacitated by alcohol at the time of admission, or to have become incapacitated at any time after admission, shall be detained at the appropriate facility for the duration of the incapacity but may not be detained when no longer incapacitated by alcohol, or if the person remains incapacitated by alcohol for more than 72 hours after admission as a patient, exclusive of Saturdays, Sundays and legal holidays, unless he or she is committed under
sub. (12). A person may consent to remain in the facility as long as the physician or official in charge believes appropriate.
51.45(11)(e)
(e) The county department shall arrange transportation home for a person who was brought under protective custody to an approved public treatment facility or emergency medical facility and who is not admitted, if the home is within 50 miles of the facility. If the person has no home within 50 miles of the facility, the county department shall assist him or her in obtaining shelter.
51.45(11)(f)
(f) If a patient is admitted to an approved public treatment facility, the family or next of kin shall be notified as promptly as possible unless an adult patient who is not incapacitated requests that no notification be made.
51.45(11)(g)
(g) Any law enforcement officer, designated person or officer or employee of an approved treatment facility who acts in compliance with this section is acting in the course of official duty and is not criminally or civilly liable for false imprisonment.
51.45(11)(h)
(h) Prior to discharge, the patient shall be informed of the benefits of further diagnosis and appropriate voluntary treatment.
51.45(11)(i)
(i) No provision of this section may be deemed to require any emergency medical facility which is not an approved private or public treatment facility to provide to incapacitated persons nonmedical services including, but not limited to, shelter, transportation or protective custody.
