51.44(5)
(5) The department shall do all of the following:
51.44(5)(a)
(a) Promulgate rules for the statewide implementation of the program under this section that do all of the following:
51.44(5)(a)1.
1. Specify the population of children who would be eligible for services under the program.
51.44(5)(a)3.
3. Establish personnel standards and a comprehensive plan for the development of personnel providing services in the program.
51.44(5)(a)4.
4. Establish procedures for the resolution of complaints by clients in the program.
51.44(5)(a)5.
5. Specify data collection requirements, including a system for making referrals to service providers.
51.44(5)(a)7.
7. Establish policies and procedures for the implementation of individual family services plans and case management services.
51.44(5)(a)8.
8. Develop requirements for local coordination and interagency agreements at state and local levels.
51.44(5)(a)9.
9. Establish requirements for public awareness activities and a statewide directory of services.
51.44(5)(am)
(am) Promulgate rules that define the term "service coordinator".
51.44(5)(b)
(b) Ensure that the children eligible for early intervention services under this section receive all of the following services:
51.44(5)(b)3.
3. Assignment of a service coordinator, as defined by the department by rule, to provide case management services.
51.44(5)(c)
(c) Annually, submit to the chief clerk of each house of the legislature for distribution to the legislature under
s. 13.172 (2) a report on the department's progress toward full implementation of the program under this section, including the progress of counties in implementing goals for participation in 5th-year requirements under
20 USC 1476.
51.44 Cross-reference
Cross-reference: See also ch.
DHS 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 court, as defined in
s. 54.01 (4).
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, including tribal schools, as defined in
s. 115.001 (15m), 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 individual adjudicated incompetent in this state who has not been deprived by a court of the right to contract, the individual or his or her guardian or other legal representative may make the application. If the proposed patient is an individual adjudicated incompetent in this state who has been deprived by a court of the right to contract, the individual's guardian or other legal representative may make the application.
