51.22(4)
(4) If a patient is placed in a facility authorized by a county department under
s. 51.42 or
51.437 and the placement is outside the jurisdiction of that county department under
s. 51.42 or
51.437, the placement does not transfer the patient's residence to the county of the facility's location while such patient is under commitment or placement.
51.22(5)
(5) The board to which a patient is committed shall provide the least restrictive treatment alternative appropriate to the patient's needs, and movement through all appropriate and necessary treatment components to assure continuity of care.
51.22 Annotation
The standard for determining whether the state has adequately protected a patient's rights is whether professional judgment was in fact exercised. Youngberg v. Romeo,
457 U.S. 307 (1982).
51.30(1)(1)
Definitions. In this section:
51.30(1)(am)
(am) "Registration records" include all the records of the department, county departments under
s. 51.42 or
51.437, treatment facilities, and other persons providing services to the department, county departments, or treatment facilities, that are created in the course of providing services to individuals for mental illness, developmental disabilities, alcoholism, or drug dependence.
51.30(1)(b)
(b) "Treatment records" include the registration and all other records that are created in the course of providing services to individuals for mental illness, developmental disabilities, alcoholism, or drug dependence and that are maintained by the department; by county departments under
s. 51.42 or
51.437 and their staffs; by treatment facilities; or by psychologists licensed under
s. 455.04 (1) or licensed mental health professionals who are not affiliated with a county department or treatment facility. Treatment records do not include notes or records maintained for personal use by an individual providing treatment services for the department, a county department under
s. 51.42 or
51.437, or a treatment facility, if the notes or records are not available to others.
51.30(2)
(2) Informed consent. An informed consent for disclosure of information from court or treatment records to an individual, agency, or organization must be in writing and must contain the following: the name of the individual, agency, or organization to which the disclosure is to be made; the name of the subject individual whose treatment record is being disclosed; the purpose or need for the disclosure; the specific type of information to be disclosed; the time period during which the consent is effective; the date on which the consent is signed; and the signature of the individual or person legally authorized to give consent for the individual.
51.30(3)(a)(a) Except as provided in
pars. (b),
(bm),
(c), and
(d), the files and records of the court proceedings under this chapter shall be closed but shall be accessible to any individual who is the subject of a petition filed under this chapter.
51.30(3)(b)
(b) An individual's attorney or guardian ad litem and the corporation counsel shall have access to the files and records of the court proceedings under this chapter without the individual's consent and without modification of the records in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals, or other actions relating to detention, admission, or commitment under this chapter or
ch. 971,
975, or
980.
51.30(3)(bm)
(bm) Authorized representatives of the department of corrections, the department of health services, the department of justice, or a district attorney shall have access to the files and records of court proceedings under this chapter for use in the prosecution of any proceeding or any evaluation conducted under
ch. 980, if the files or records involve or relate to an individual who is the subject of the proceeding or evaluation. The court in which the proceeding under
ch. 980 is pending may issue any protective orders that it determines are appropriate concerning information made available or disclosed under this paragraph. Any representative of the department of corrections, the department of health services, the department of justice, or a district attorney may disclose information obtained under this paragraph for any purpose consistent with any proceeding under
ch. 980.
51.30(3)(c)
(c) The files and records of court proceedings under this chapter may be released to other persons with the informed written consent of the individual, pursuant to lawful order of the court which maintains the records or under
s. 51.20 (13) (cv) 4.
51.30(3)(d)
(d) The department of corrections shall have access to the files and records of court proceedings under this chapter concerning an individual required to register under
s. 301.45. The department of corrections may disclose information that it obtains under this paragraph as provided under
s. 301.46.
51.30(4)
(4) Access to registration and treatment records. 51.30(4)(a)(a) Confidentiality of records. Except as otherwise provided in this chapter and
ss. 118.125 (4),
610.70 (3) and
(5),
905.03 and
905.04, all treatment records shall remain confidential and are privileged to the subject individual. Such records may be released only to the persons designated in this chapter or
ss. 118.125 (4),
610.70 (3) and
(5),
905.03 and
905.04, or to other designated persons with the informed written consent of the subject individual as provided in this section. This restriction applies to elected officials and to members of boards appointed under
s. 51.42 (4) (a) or
51.437 (7) (a).
51.30(4)(b)
(b)
Access without informed written consent. Notwithstanding
par. (a), treatment records of an individual may be released without informed written consent in the following circumstances, except as restricted under
par. (c):
51.30(4)(b)1.
1. To an individual, organization or agency designated by the department or as required by law for the purposes of management audits, financial audits, or program monitoring and evaluation. Information obtained under this paragraph shall remain confidential and shall not be used in any way that discloses the names or other identifying information about the individual whose records are being released. The department shall promulgate rules to assure the confidentiality of such information.
51.30(4)(b)2.
2. To the department, the director of a county department under
s. 51.42 or
51.437, or a qualified staff member designated by the director as is necessary for, and only to be used for, billing or collection purposes. Such information shall remain confidential. The department and county departments shall develop procedures to assure the confidentiality of such information.
51.30(4)(b)3.
3. For purposes of research as permitted in
s. 51.61 (1) (j) and
(4) if the research project has been approved by the department and the researcher has provided assurances that the information will be used only for the purposes for which it was provided to the researcher, the information will not be released to a person not connected with the study under consideration, and the final product of the research will not reveal information that may serve to identify the individual whose treatment records are being released under this subsection without the informed written consent of the individual. Such information shall remain confidential. In approving research projects under this subsection, the department shall impose any additional safeguards needed to prevent unwarranted disclosure of information.
51.30(4)(b)5.
5. To qualified staff members of the department, to the director of the county department under
s. 51.42 or
51.437 which is responsible for serving a subject individual or to qualified staff members designated by the director as is necessary to determine progress and adequacy of treatment, to determine whether the person should be transferred to a less restrictive or more appropriate treatment modality or facility or for the purposes of
s. 51.14. Such information shall remain confidential. The department and county departments under
s. 51.42 or
51.437 shall develop procedures to assure the confidentiality of such information.
51.30(4)(b)6.
6. Within the treatment facility where the subject individual is receiving treatment confidential information may be disclosed to individuals employed, individuals serving in bona fide training programs or individuals participating in supervised volunteer programs, at the facility when and to the extent that performance of their duties requires that they have access to such information.
51.30(4)(b)7.
7. Within the department to the extent necessary to coordinate treatment for mental illness, developmental disabilities, alcoholism or drug abuse of individuals who have been committed to or who are under the supervision of the department. The department shall promulgate rules to assure the confidentiality of such information.
51.30(4)(b)8.
8. For treatment of the individual in a medical emergency, to a health care provider who is otherwise unable to obtain the individual's informed consent because of the individual's condition or the nature of the medical emergency. Disclosure under this subdivision shall be limited to that part of the records necessary to meet the medical emergency.
51.30(4)(b)8g.am.am. In this subdivision, "diagnostic test results" means the results of clinical testing of biological parameters, but does not mean the results of psychological or neuropsychological testing.