51.45(16)(a)(a) Liability for payment for care, services and supplies provided under this section, the collection and enforcement of such payments, and the adjustment and settlement with the several counties for their proper share of all moneys collected under
s. 46.10, shall be governed exclusively by
s. 46.10.
51.45(16)(b)
(b) Payment for treatment of persons treated under
s. 302.38 shall be made under that section.
51.45(16)(c)
(c) Payment of attorney fees for appointed attorneys in the case of children and indigents shall be in accordance with
ch. 977.
51.45(17)
(17) Applicability of other laws; procedure. 51.45(17)(a)(a) Nothing in this section affects any law, ordinance or rule the violation of which is punishable by fine, forfeiture or imprisonment.
51.45(17)(b)
(b) All administrative procedure followed by the secretary in the implementation of this section shall be in accordance with
ch. 227.
51.45(18)
(18) Construction. This section shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this section insofar as possible among states which enact similar laws.
51.45(19)
(19) Short title. This section may be cited as the "Alcoholism and Intoxication Treatment Act".
Effective date note
History: 1973 c. 198;
1975 c. 200,
428;
1975 c. 430 s.
80;
1977 c. 29;
1977 c. 187 ss.
44,
134,
135;
1977 c. 203 s.
106;
1977 c. 428;
1977 c. 449 s.
497; Sup. Ct. Order, 83 W (2d) xiii (1987);
1979 c. 32 s.
92 (11); Sup. Ct. Order, eff. 1-1-80;
1979 c. 221 ss.
417,
2200 (20);
1979 c. 300,
331,
356;
1981 c. 20;
1981 c. 79 s.
17;
1981 c. 289,
314;
1983 a. 27 ss.
1116 to
1121,
2202 (20);
1985 a. 29 s.
3202 (56);
1985 a. 139;
1985 a. 176 ss.
533 to
556,
615;
1985 a. 265;
1985 a. 332 s.
251 (1);
1987 a. 339,
366;
1989 a. 31,
336,
359;
1991 a. 39;
1993 a. 16,
27,
213,
451,
490;
1995 a. 27 ss.
3268,
3269,
9145 (1);
1995 a. 77,
225;
1997 a. 27,
35,
237.
51.45 Note
Judicial Council Note, 1981: Reference to a "writ" of habeas corpus in sub. (13) (m) has been removed because that remedy is now available in an ordinary action. See s. 781.01, stats., and the note thereto. [Bill 613-A]
51.45 Annotation
A one-person petition under sub. (12) is sufficient for commitment only until the preliminary hearing; a 3 person petition under sub. (13) is required for commitment beyond this time period. In Matter of B.A.S.: State v. B.A.S., 134 W (2d) 291, 397 NW (2d) 114 (Ct. App. 1986).
51.45 Annotation
Criminal charges of bail jumping based solely on the consumption of alcohol do not violate this section. Sub. (1) is intended only to prevent prosecutions for public drunkenness. State ex rel. Jacobus v. State, 208 W (2d) 39, 559 NW (2d) 900 (1997).
51.45 Annotation
The requirement under sub. (13) (e) that a person sought to be committed have access to records and reports does not require the county to file the specified records with the trial court prior to a final hearing. County of Dodge v. Michael J.K. 209 W (2d) 499, 564 NW (2d) 350 (Ct. App. 1997).
51.45 Annotation
Persons incapacitated by alcohol who engage in disorderly conduct in a treatment facility may be so charged, but not merely for the purpose of arranging for their confinement in jail for security during detoxification. 64 Atty. Gen. 161.
51.45 Annotation
The revision of Wisconsin's law of alcoholism and intoxication. Robb, 58 MLR 88.
51.45 Annotation
Wisconsin's new alcoholism act encourages early voluntary treatment. 1974 WBB No. 3.
51.46
51.46
Priority for pregnant women for private treatment for alcohol or other drug abuse. For inpatient or outpatient treatment for alcohol or other drug abuse, the first priority for services that are available in privately operated facilities, whether on a voluntary or involuntary basis, is for pregnant women who suffer from alcoholism, alcohol abuse or drug dependency.
51.46 History
History: 1997 a. 292.
51.47
51.47
Alcohol and other drug abuse treatment for minors. 51.47(1)(1) Except as provided in
subs. (2) and
(3), any physician or health care facility licensed, approved or certified by the state for the provision of health services may render preventive, diagnostic, assessment, evaluation or treatment services for the abuse of alcohol or other drugs to a minor 12 years of age or over without obtaining the consent of or notifying the minor's parent or guardian. Unless consent of the minor's parent or guardian is required under
sub. (2), the physician or health care facility shall obtain the minor's consent prior to billing a 3rd party for services under this section. If the minor does not consent, the minor shall be solely responsible for paying for the services, which the department shall bill to the minor under
s. 46.03 (18) (b).
51.47(2)
(2) The physician or health care facility shall obtain the consent of the minor's parent or guardian:
51.47(2)(a)
(a) Before performing any surgical procedure on the minor, unless the procedure is essential to preserve the life or health of the minor and the consent of the minor's parent or guardian is not readily obtainable.
51.47(2)(b)
(b) Before administering any controlled substances to the minor, except to detoxify the minor under
par. (c).
51.47(2)(c)
(c) Before admitting the minor to an inpatient treatment facility, unless the admission is to detoxify the minor for ingestion of alcohol or other drugs.
51.47(2)(d)
(d) If the period of detoxification of the minor under
par. (c) extends beyond 72 hours after the minor's admission as a patient.
51.47(3)
(3) The physician or health care facility shall notify the minor's parent or guardian of any services rendered under this section as soon as practicable.
51.47(4)
(4) No physician or health care facility rendering services under
sub. (1) is liable solely because of the lack of consent or notification of the minor's parent or guardian.
51.47 History
History: 1979 c. 331;
1985 a. 281.