51.44(3)(a)(a) From the appropriations under
s. 20.435 (7) (bt) and
(nL) the department shall allocate and distribute funds to counties to provide or contract for the provision of early intervention services to individuals eligible to receive the early intervention services.
51.44(3)(b)
(b) Funds that are distributed to counties under
par. (a) may not be used to supplant funding from any other source.
51.44(3)(c)
(c) No county may contribute less funding for early intervention services under this section than the county contributed for early intervention services in 1999, except that, for a county that demonstrated extraordinary effort in 1999, the department may waive this requirement and establish with the county a lesser required contribution.
51.44(4)
(4) Each county board of supervisors, except in Milwaukee County, and the Milwaukee County mental health board in Milwaukee County shall designate the appropriate county department under
s. 46.21,
46.23 or
51.437, the local health department of the county or another entity as the local lead agency to provide early intervention services under the funding specified in
sub. (3).
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 1431 to
1444.
51.44 Cross-reference
Cross-reference: See also ch.
DHS 90, Wis. adm. code.
51.442
51.442
Child psychiatry consultation program. 51.442(1)
(1) In this section, “participating clinicians" include pediatricians, family physicians, nurse practitioners, and physician assistants.
51.442(2)
(2) The department shall create and administer a child psychiatry consultation program to assist participating clinicians in providing enhanced care to pediatric patients with mental health care needs, to provide referral support for pediatric patients, and to provide additional services described in this section. The consultation program created under this section is not an emergency referral service.
51.442(3)(a)(a) In the period before January 1, 2015, the department shall review proposals submitted by organizations seeking to provide consultation services through the consultation program under this section and shall designate regional program hubs, in a number determined by the department, based on the submitted proposals. The department shall select and provide moneys to organizations to provide consultation services through the consultation program in a manner that maximizes medically appropriate access and services as described under
sub. (4).
51.442(3)(b)
(b) Beginning on January 1, 2016, the department shall create any additional regional program hubs in order to provide consultation services statewide.
51.442(4)
(4) The department shall select qualified organizations to provide consultation program services through the regional hubs. Each regional hub shall make available its own qualified provider or consortium of providers. To be a qualified provider in the program under this section, an organization shall successfully demonstrate it meets all of the following criteria:
51.442(4)(a)
(a) The organization has the required infrastructure to be located within the geographic service area of the proposed regional hub.
51.442(4)(b)
(b) Any individual who would be providing consulting services through the program is located in this state.
51.442(4)(c)
(c) The organization enters into a contract with the department agreeing to satisfy all of the following criteria as a condition of providing services through the consultation program:
51.442(4)(c)1.
1. The organization has at the time of participation in the program a psychiatrist, who is either eligible for certification or certified by the American Board of Psychiatry and Neurology, Inc., for either adult psychiatry or child and adolescent psychiatry or both, and has and maintains additional staff as specified by the department.
51.442(4)(c)2.
2. The organization operates during the normal business hours of Monday to Friday between 8 a.m. and 5 p.m., excluding weekends and holidays.
51.442(4)(c)3.
3. The organization shall be able to provide consultation services as promptly as is practicable.
51.442(4)(c)4.
4. The organization shall provide all of the following services:
51.442(4)(c)4.a.
a. Support for participating clinicians to assist in the management of children and adolescents with mental health problems and to provide referral support for pediatric patients.
51.442(4)(c)4.b.
b. A triage-level assessment to determine the most appropriate response to each request, including appropriate referrals to other mental health professionals.
51.442(4)(c)4.c.
c. When medically appropriate, diagnostic and therapeutic feedback.
51.442(4)(c)4.d.
d. Recruitment of other practices in the regional hub's service territory to the provider's services.
51.442(4)(c)5.
5. The organization shall have the capability to provide consultation services by telephone, at a minimum.
51.442(5)(a)(a) An organization providing consultation services through the consultation program under this section may provide services by teleconference, video conference, voice over Internet protocol, electronic mail, pager, or in-person conference.
51.442(5)(b)
(b) The organization providing consultation services through the consultation program under this section may provide any of the following services, which are eligible for funding from the department:
51.442(5)(b)1.
1. Second opinion diagnostic and medication management evaluations conducted either by a psychiatrist or by a social worker or psychologist, or a registered nurse with psychiatric training, either by in-person conference or by teleconference, video conference, or voice over Internet protocol.
51.442(5)(b)2.
2. In-person or Internet site-based educational seminars and refresher courses provided to any participating clinician who uses the consultation program on a medically appropriate topic within child psychiatry.
51.442(6)
(6) An organization that provides consultation services through the consultation program under this section shall report to the department any information as requested by the department.
51.442(7)(a)(a) The department shall conduct annual surveys of participating clinicians who use the consultation program under this section to assess the amount of pediatric mental health care provided, self-perceived levels of confidence in providing pediatric mental health services, and the satisfaction with the consultations and the educational opportunities provided.
51.442(7)(b)
(b) Immediately after a clinical practice group begins using the consultation program under this section and again 6 to 12 months later, the department shall conduct an interview of participating clinicians from that practice group to assess the barriers to and benefits of participation to make future improvements and to determine the participating clinician's treatment abilities, confidence, and awareness of relevant resources before and after using the consultation program.
51.442 History
History: 2013 a. 127.
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.
