51.62(3)(a)1.
1. Pursue legal, administrative and other appropriate remedies to ensure the protection of the rights of persons with developmental disabilities or mental illness and to provide information on and referral to programs and services addressing the needs of persons with developmental disabilities or mental illness.
51.62(3)(a)2m.
2m. Have immediate access to any individual with mental illness or developmental disability, regardless of age, who has requested services or on whose behalf services have been requested from the protection and advocacy agency or concerning whom the protection and advocacy agency has reasonable cause to believe that abuse, neglect, financial exploitation, or a violation of rights of the individual has occurred.
51.62(3)(a)3.
3. Contract with a private, nonprofit corporation to confer to that corporation the powers and duties specified for the protection and advocacy agency under this subsection, except that the corporation may have access to records as specified under
ss. 51.30 (4) (b) 18. and
146.82 (2) (a) 9. only if all of the following conditions are met:
51.62(3)(a)3.a.
a. The contract of the corporation with the protection and advocacy agency so provides.
51.62(3)(b)
(b) The protection and advocacy agency shall pay reasonable costs related to the reproducing or copying of patient health care or treatment records.
51.62(3m)
(3m) Funding. From the appropriation under
s. 20.435 (7) (md), the department shall distribute $75,000 in each fiscal year to the protection and advocacy agency for performance of community mental health protection and advocacy services.
51.62(4)
(4) Departmental duties. The department shall provide the protection and advocacy agency with copies of annual surveys and plans of correction for intermediate care facilities for persons with mental retardation on or before the first day of the 2nd month commencing after completion of the survey or plan.
51.62 Annotation
The Wisconsin statutory scheme does not give an agency express authority to investigate incidents of abuse and neglect or to obtain patient records, but under federal law any state system established to protect the rights of persons with developmental disabilities has that authority. Wisconsin Coalition for Advocacy v. Czaplewski,
131 F. Supp. 2d 1039 (2001).
51.63
51.63
Private pay for patients. Any person may pay, in whole or in part, for the maintenance and clothing of any mentally ill, developmentally disabled, alcoholic or drug dependent person at any institution for the treatment of persons so afflicted, and his or her account shall be credited with the sums paid. The person may also be likewise provided with such special care in addition to those services usually provided by the institution as is agreed upon with the director, upon payment of the charges therefor.
51.63 History
History: 1975 c. 430.
51.64
51.64
Reports of death required; penalty; assessment. 51.64(1)(a)
(a) "Physical restraint" includes all of the following:
51.64(1)(a)2.
2. A device or garment that interferes with an individual's freedom of movement and that the individual is unable to remove easily.
51.64(1)(a)3.
3. Restraint by a treatment facility staff member of a person admitted or committed to the treatment facility, by use of physical force.
51.64(1)(b)
(b) "Psychotropic medication" means an antipsychotic, antidepressant, lithium carbonate or a tranquilizer.
51.64(2)(a)(a) No later than 24 hours after the death of a person admitted or committed to a treatment facility, the treatment facility shall report the death to the department if one of the following applies:
51.64(2)(a)1.
1. There is reasonable cause to believe that the death was related to the use of physical restraint or a psychotropic medication.
51.64(2)(a)3.
3. There is reasonable cause to believe that the death was a suicide.
51.64 History
History: 1989 a. 336.
51.65
51.65
Segregation of tuberculosis patients. The department shall make provision for the segregation of tuberculosis patients in the state-operated and community-operated facilities, and for that purpose may set apart facilities and equip facilities for the care and treatment of such patients.
51.65 History
History: 1975 c. 430.
51.67
51.67
Alternate procedure; protective services. If, after a hearing under
s. 51.13 (4) or
51.20, the court finds that commitment under this chapter is not warranted and that the subject individual is a fit subject for guardianship and protective placement or services, the court may, without further notice, appoint a temporary guardian for the subject individual and order temporary protective placement or services under
ch. 55 for a period not to exceed 30 days. Temporary protective placement for an individual in a center for the developmentally disabled is subject to
s. 51.06 (3). Any interested party may then file a petition for permanent guardianship or protective placement or services, including medication, under
ch. 55. If the individual is in a treatment facility, the individual may remain in the facility during the period of temporary protective placement if no other appropriate facility is available. The court may order psychotropic medication as a temporary protective service under this section if it finds that there is probable cause to believe the individual is not competent to refuse psychotropic medication and that the medication ordered will have therapeutic value and will not unreasonably impair the ability of the individual to prepare for and participate in subsequent legal proceedings. An individual is not competent to refuse psychotropic medication if, because of serious and persistent mental illness, and after the advantages and disadvantages of and alternatives to accepting the particular psychotropic medication have been explained to the individual, one of the following is true:
51.67(1)
(1) The individual is incapable of expressing an understanding of the advantages and disadvantages of accepting treatment and the alternatives.