51.01(14t)
(14t) "Serious and persistent mental illness" means a mental illness that is severe in degree and persistent in duration, that causes a substantially diminished level of functioning in the primary aspects of daily living and an inability to cope with the ordinary demands of life, that may lead to an inability to maintain stable adjustment and independent functioning without long-term treatment and support, and that may be of lifelong duration. "Serious and persistent mental illness" includes schizophrenia as well as a wide spectrum of psychotic and other severely disabling psychiatric diagnostic categories, but does not include degenerative brain disorder or a primary diagnosis of a developmental disability or of alcohol or drug dependence.
51.01(15)
(15) "State treatment facility" means any of the institutions operated by the department for the purpose of providing diagnosis, care or treatment for mental or emotional disturbance, developmental disability, alcoholism or drug dependency and includes but is not limited to mental health institutes.
51.01(16)
(16) "Transfer" means the movement of a patient or resident between approved treatment facilities or to or from an approved treatment facility and the community.
51.01(17)
(17) "Treatment" means those psychological, educational, social, chemical, medical or somatic techniques designed to bring about rehabilitation of a mentally ill, alcoholic, drug dependent or developmentally disabled person.
51.01(18)
(18) "Treatment director" means the person who has primary responsibility for the treatment provided by a treatment facility. The term includes the medical director of a facility.
51.01(19)
(19) "Treatment facility" means any publicly or privately operated facility or unit thereof providing treatment of alcoholic, drug dependent, mentally ill or developmentally disabled persons, including but not limited to inpatient and outpatient treatment programs, community support programs and rehabilitation programs.
51.01 Cross-reference
Cross-reference: See s.
46.011 for definitions applicable to chs.
46,
48,
50,
51,
54,
55 and
58.
51.01 Annotation
Alzheimer's disease is one type of a degenerative brain disorder. Chapter 51 includes the definition of degenerative brain disorder only to specifically exclude it from the chapter's authority, whereas the ch. 55 definition is used to include it in the scope of authority granted under ch. 55. Rehabilitation is a necessary element of treatment under ch. 51. Because there are no techniques that can be employed to bring about rehabilitation from Alzheimer's disease, an individual with the disease cannot be rehabilitated. Accordingly, an Alzheimer's patient is not a proper subject for ch. 51 treatment. Fond du Lac County v. Helen E. F.
2011 WI App 72,
333 Wis. 2d 740,
798 N.W.2d 707,
10-2061. Affirmed.
2012 WI 50,
340 Wis. 2d 500,
814 N.W.2d 179,
10-2061.
51.02
51.02
Council on mental health. 51.02(1)
(1) The council on mental health shall have the following duties:
51.02(1)(a)
(a) Advise the department, the legislature and the governor on the use of state and federal resources and on the provision and administration of programs for persons who are mentally ill or who have other mental health problems, for groups who are not adequately served by the mental health system, for the prevention of mental health problems and for other mental health related purposes.
51.02(1)(b)
(b) Provide recommendations to the department on the expenditure of federal funds received under the community mental health block grant under
42 USC 300x to
300x-9 and participate in the development of and monitor and evaluate the implementation of, the community mental health block grant plan.
51.02(1)(c)
(c) Review all departmental plans for services affecting persons with mental illness and monitor the implementation of the plans.
51.02(1)(d)
(d) Serve as an advocate for persons with mental illness.
51.02(1)(f)
(f) Consult with the department in the development of a model community mental health plan under
s. 51.42 (7) (a) 9., and review and advise the department on community mental health plans submitted by counties under
s. 51.42 (3) (ar) 5.
51.02(1)(g)
(g) Promote the development and administration of a delivery system for community mental health services that is sensitive to the needs of consumers of the services.
51.02(1)(h)
(h) Review and comment on the human services and community programs board member training curriculum developed by the department under
s. 51.42 (7) (a) 3m.
51.02(2)
(2) The secretary shall submit all departmental plans affecting persons with mental illness to the council for its review. The council shall provide its recommendations to the secretary within such time as the secretary may require.
51.03
51.03
Department; powers and duties. 51.03(1g)(a)
(a) "Early intervention" means action to hinder or alter a person's mental disorder or abuse of alcohol or other drugs in order to reduce the duration of early symptoms or to reduce the duration or severity of mental illness or alcohol or other drug abuse that may result.
51.03(1g)(b)
(b) "Individualized service planning" means a process under which a person with mental illness or who abuses alcohol or other drugs and, if a child, his or her family, receives information, education and skills to enable the person to participate mutually and creatively with his or her mental health or alcohol or other drug abuse service provider in identifying his or her personal goals and developing his or her assessment, crisis protocol, treatment and treatment plan. "Individualized service planning" is tailored to the person and is based on his or her strengths, abilities and needs.
51.03(1g)(c)
(c) "Prevention" means action to reduce the instance, delay the onset or lessen the severity of mental disorder, before the disorders may progress to mental illness, by reducing risk factors for, enhancing protections against and promptly treating early warning signs of mental disorder.
51.03(1g)(d)
(d) "Recovery" means the process of a person's growth and improvement, despite a history of mental illness or alcohol or other drug abuse, in attitudes, feelings, values, goals, skills and behavior and is measured by a decrease in dysfunctional symptoms and an increase in maintaining the person's highest level of health, wellness, stability, self-determination and self-sufficiency.
51.03(1g)(e)
(e) "Stigma" means disqualification from social acceptance, derogation, marginalization and ostracism encountered by persons with mental illness or persons who abuse alcohol or other drugs as the result of societal negative attitudes, feelings, perceptions, representations and acts of discrimination.
51.03(1r)
(1r) The department through its authorized agents may visit or investigate any treatment facility to which persons are admitted or committed under this chapter.
51.03(2)
(2) No later than 14 days after the date of a death reported under
s. 51.64 (2) (a), the department shall investigate the death.
51.03(3)(a)(a) Beginning on September 1, 1996, the department shall collect and analyze information in this state on each of the following:
51.03(3)(a)3.
3. The number of, cost of and paying sources for days of inpatient mental health treatment that result from the commitments initiated under
subd. 1. or ordered under
subd. 2.
51.03(3)(a)5.
5. The number of persons who are receiving care and treatment under community support programs voluntarily or under commitments ordered under
s. 51.20 (13).
51.03(3)(a)6.
6. The number of individuals authorized to consent to involuntary administration of psychotropic medication under s.
55.14 (8) or for whom guardians were appointed under s.
880.33 (4m), 2003 stats.
51.03(3)(b)
(b) By April 1, 1997, and annually by that date for 3 years thereafter, the department shall submit a report to the legislature under
s. 13.172 (2) on the information collected under
par. (a).
51.03(4)
(4) Within the limits of available state and federal funds, the department may do all of the following:
51.03(4)(a)
(a) Promote the creation of coalitions among the state, counties, providers of mental health and alcohol and other drug abuse services, consumers of the services and their families and advocates for persons with mental illness and for alcoholic and drug dependent persons to develop, coordinate and provide a full range of resources to advance prevention; early intervention; treatment; recovery; safe and affordable housing; opportunities for education, employment and recreation; family and peer support; self-help; and the safety and well-being of communities.
51.03(4)(b)
(b) In cooperation with counties, providers of mental health and alcohol and other drug abuse services, consumers of the services, interested community members and advocates for persons with mental illness and for alcoholic and drug dependent persons, develop and implement a comprehensive strategy to reduce stigma of and discrimination against persons with mental illness, alcoholics and drug dependent persons.
51.03(4)(c)
(c) Develop and implement a comprehensive strategy to involve counties, providers of mental health and alcohol and other drug abuse services, consumers of the services and their families, interested community members and advocates for persons with mental illness and for alcoholic and drug dependent persons as equal participants in service system planning and delivery.
51.03(4)(d)
(d) Promote responsible stewardship of human and fiscal resources in the provision of mental health and alcohol and other drug abuse services.
51.03(4)(e)
(e) Develop and implement methods to identify and measure outcomes for consumers of mental health and alcohol and other drug abuse services.
51.03(4)(f)
(f) Promote access to appropriate mental health and alcohol and other drug abuse services regardless of a person's geographic location, age, degree of mental illness, alcoholism or drug dependency or availability of personal financial resources.
51.03(4)(g)
(g) Promote consumer decision making to enable persons with mental illness and alcohol or drug dependency to be more self-sufficient.
51.03(4)(h)
(h) Promote use by providers of mental health and alcohol and other drug abuse services of individualized service planning, under which the providers develop written individualized service plans that promote treatment and recovery, together with service consumers, families of service consumers who are children and advocates chosen by consumers.
51.03(5)
(5) The department shall ensure that providers of mental health and alcohol and other drug abuse services who use individualized service plans, as specified in
sub. (4) (h), do all of the following in using a plan:
51.03(5)(a)
(a) Establish meaningful and measurable goals for the consumer.
51.03(5)(b)
(b) Base the plan on a comprehensive assessment of the consumer's strengths, abilities, needs and preferences.
51.032
51.032
Denial and revocations of certification or approval based on tax delinquency. 51.032(1)
(1) Except as provided in
sub. (1m), the department shall require each applicant to provide the department with his or her social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing any of the following:
51.032(1m)
(1m) If an individual who applies for a certification or approval under
sub. (1) does not have a social security number, the individual, as a condition of obtaining the certification or approval, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. A certification or approval issued in reliance upon a false statement submitted under this subsection is invalid.
51.032(2)
(2) The department may not disclose any information received under
sub. (1) to any person except to the department of revenue for the sole purpose of requesting certifications under
s. 73.0301.
51.032(3)
(3) Except as provided in
sub. (1m), the department shall deny an application for the issuance of a certification or approval specified in
sub. (1) if the applicant does not provide the information specified in
sub. (1).
51.032(4)
(4) The department shall deny an application for the issuance of a certification or approval specified in
sub. (1) or shall revoke a certification or approval specified in
sub. (1) if the department of revenue certifies under
s. 73.0301 that the applicant for or holder of a certification or approval is liable for delinquent taxes.
51.038
51.038
Outpatient mental health clinic certification. Except as provided in
s. 51.032, if a facility that provides mental health services on an outpatient basis holds current accreditation from the council on accreditation of services for families and children, the department may accept evidence of this accreditation as equivalent to the standards established by the department, for the purpose of certifying the facility for the receipt of funds for services provided as a benefit to a medical assistance recipient under
s. 49.46 (2) (b) 6. f. or
49.471 (11) (k), a community aids funding recipient under
s. 51.423 (2) or as mandated coverage under
s. 632.89.
51.04
51.04
Treatment facility certification. Except as provided in
s. 51.032, any treatment facility may apply to the department for certification of the facility for the receipt of funds for services provided as a benefit to a medical assistance recipient under
s. 49.46 (2) (b) 6. f. or
49.471 (11) (k) or to a community aids funding recipient under
s. 51.423 (2) or provided as mandated coverage under
s. 632.89. The department shall annually charge a fee for each certification.
51.04 History
History: 1975 c. 224; Stats. 1975 s. 51.44;
1975 c. 430 s.
53m; Stats. 1975 s. 51.04;
1983 a. 27;
1985 a. 29,
176;
1995 a. 27;
1997 a. 237;
2007 a. 20.
51.04 Cross-reference
Cross-reference: See also ch.
DHS 35, Wis. adm. code.
51.05
51.05
Mental health institutes. 51.05(1)
(1)
Designation. The mental health institute located at Mendota is known as the "Mendota Mental Health Institute" and the mental health institute located at Winnebago is known as the "Winnebago Mental Health Institute". Goodland Hall West, a facility located at Mendota Mental Health Institute, is designated as the "Maximum Security Facility at Mendota Mental Health Institute". The department shall divide the state by counties into 2 districts, and may change the boundaries of these districts, arranging them with reference to the number of patients residing in them at a given time, the capacity of the institutes and the convenience of access to them.
51.05(2)
(2) Admissions authorized by counties. The department may not accept for admission to a mental health institute any resident person, except in an emergency, unless the county department under
s. 51.42 in the county where the person has residence authorizes the care under
s. 51.42 (3) (as). Patients who are committed to the department under s.
975.01, 1977 stats., or s.
975.02, 1977 stats., or
s. 971.14,
971.17,
975.06, or
980.06, admitted by the department under s.
975.17, 1977 stats., or are transferred from a juvenile correctional facility or a secured residential care center for children and youth to a state treatment facility under
s. 51.35 (3) or from a jail or prison to a state treatment facility under
s. 51.37 (5) are not subject to this section.
51.05(3)
(3) Admissions authorized by department. Any person who is without a county responsible for his or her care and any person entering this state through the compact established under
s. 51.75 may be accepted by the department and temporarily admitted to an institute. Such person shall be transferred to the county department under
s. 51.42 for the community where the best interests of the person can best be served, as soon as practicable.
51.05(4)
(4) Transfers and discharges. The transfer or discharge of any person who is placed in a mental health institute shall be made subject to
s. 51.35.
51.05(5)
(5) School activities. If an individual over the age of 2 and under the age of 22 and eligible for special education and related services under
subch. V of ch. 115 is committed, admitted or transferred to or is a resident of the Mendota Mental Health Institute or Winnebago Mental Health Institute, the individual shall attend a school program operated by the applicable mental health institute or a school outside the applicable mental health institute which is approved by the department of public instruction. A school program operated by the Mendota Mental Health Institute or Winnebago Mental Health Institute shall be under the supervision of the department of public instruction and shall meet standards prescribed by that agency.
51.05(6)
(6) Hearing-impaired individuals. The department shall provide mental health services appropriate for hearing-impaired individuals who are residents of or are committed, admitted or transferred to a mental health institute.
51.06
51.06
Centers for the developmentally disabled. 51.06(1)(1)
Purpose. The purpose of the northern center for developmentally disabled, central center for developmentally disabled and southern center for developmentally disabled is to provide services needed by developmentally disabled citizens of this state that are otherwise unavailable to them, and to return those persons to the community when their needs can be met at the local level.
51.06(1m)
(1m) Services. Services to be provided by the department at centers for the developmentally disabled shall include:
51.06(1m)(a)
(a) Education within the requirements of
sub. (2), training, habilitative and rehabilitative services to those persons placed in its custody.
51.06(1m)(b)
(b) Development-evaluation services to citizens through county departments under
ss. 51.42 and
51.437.
51.06(1m)(c)
(c) Assistance to such community boards in meeting the needs of developmentally disabled citizens.
51.06(1m)(d)
(d) Services for individuals with developmental disability who are also diagnosed as mentally ill or who exhibit extremely aggressive and challenging behaviors.
51.06(1r)(a)(a) In addition to services provided under
sub. (1m), the department may, when the department determines that community services need to be supplemented, authorize a center for the developmentally disabled to offer short-term residential services, dental and mental health services, therapy services, psychiatric and psychological services, general medical services, pharmacy services, and orthotics.
51.06(1r)(b)
(b) Services under this subsection may be provided only under contract between the department and a county department under
s. 46.215,
46.22,
46.23,
51.42, or
51.437, a school district, or another public or private entity within the state to persons referred from those entities, at the discretion of the department. The department shall charge the referring entity all costs associated with providing the services. Unless a referral is made, the department may not offer services under this subsection to the person who is to receive the services or to his or her family. The department may not impose a charge for services under this subsection upon the person receiving the services or upon his or her family. Any revenues received under this subsection shall be credited to the appropriation account under
s. 20.435 (2) (g).
