CHAPTER 51

1 Updated 2017 18 Wis. Stats. Published and certified under s. March 11, 2019. 1 Updated 17 18 Wis. Stats. MENTAL HEALTH ACT CHAPTER 51. STATE ALCOHOL, DRUG ABUSE, DEVELOPMENTAL DISABILITIES. AND MENTAL HEALTH ACT. Legislative policy. Opioid treatment. Definitions. Grants in aid. Council on mental health. Developmental disabilities services. Office of children's mental health. Early intervention services. Department; powers and duties. Child psychiatry consultation program. Denial and revocations of certification or approval based on delinquent Addiction medicine consultation program. taxes or unemployment insurance contributions.

2 Prevention and control of alcoholism and drug dependence. Outpatient mental health clinic certification. Priority for pregnant women for private treatment for alcohol or other drug Treatment facility certification. abuse. Youth crisis stabilization facilities. Alcohol and other drug abuse treatment for minors without parental con- Availability of inpatient psychiatric beds. sent. Mental health services. Alcohol and other drug testing, assessment, and treatment of minor with- Mental health institutes. out minor's consent. Centers for the developmentally disabled. Pretrial intoxicated driver intervention grant program. Outpatient services.

3 Incompetency not implied. Milwaukee County Mental Health Complex. Appointment of counsel. County hospitals. Reimbursement for counsel provided by the state. Voluntary admission of adults. Patients rights. Admission of minors. Protection and advocacy system. Emergency outpatient treatment for minors. Private pay for patients. Review of outpatient mental health treatment of minors aged 14 or older. Emergency detention. Reports of death required; penalty; assessment. Warning of dangerousness. Segregation of tuberculosis patients. Involuntary commitment for treatment. Alternate procedure; protective services. Care and custody of persons.

4 Interstate compact on mental health. Records. Compact administrator. Transfers and discharges. Transfer of patients. Criminal commitments; mental health institutes. Supplementary agreements. Honesty testing of sex offenders. Transmittal of copies. Nonresident patients on unauthorized absence. Patients' rights. Resident patients on unauthorized absence. Uniform extradition of persons of unsound mind act; definitions. Determination of residence for certain adults; county of responsibility. Delivery of certain nonresidents. Milwaukee County mental health; Milwaukee County mental health Authentication of demand; discharge; costs.

5 Board. Limitation of time to commence proceeding. Community mental health, developmental disabilities, alcoholism and Interpretation. drug abuse services. Interstate contracts for services under this CHAPTER . Community support programs. Antidiscrimination. Opioid and methamphetamine treatment programs. Supplemental aid. Reporting by methadone treatment programs. Short title. Cross reference: See s. for definitions applicable to chs. 46, 50, 51, 54, department for treatment of alcoholic, drug dependent, mentally 55, and 58. ill or developmentally disabled persons. Legislative policy. (1) It is the policy of the state to (2c) Approved tribal treatment facility means a treatment assure the provision of a full range of treatment and rehabilitation agency that operates under the direction and control of a federally services in the state for all mental disorders and developmental recognized American Indian tribe or band in this state and meets disabilities and for mental illness, alcoholism and other drug the standards prescribed for approved treatment facilities under s.

6 Abuse. There shall be a unified system of prevention of such con- (8) (a) and is approved under s. (8) (c). ditions and provision of services which will assure all people in (2g) (a) Brain injury means any injury to the brain, regard- need of care access to the least restrictive treatment alternative less of age at onset, whether mechanical or infectious in origin, appropriate to their needs, and movement through all treatment including brain trauma, brain damage and traumatic head injury, components to assure continuity of care, within the limits of avail- the results of which are expected to continue indefinitely, which able state and federal funds and of county funds required to be constitutes a substantial handicap to the individual, and which appropriated to match state funds.

7 Directly results in any 2 or more of the following: (2) To protect personal liberties, no person who can be treated 1. Attention impairment. adequately outside of a hospital, institution or other inpatient facility may be involuntarily treated in such a facility. 2. Cognition impairment. History: 1975 c. 430; 1995 a. 92. 3. Language impairment. 4. Memory impairment. Definitions. As used in this CHAPTER , except where oth- 5. Conduct disorder. erwise expressly provided: (1) Alcoholic means a person who is suffering from alco- 6. Motor disorder. holism. 7. Any other neurological dysfunction. (1m) Alcoholism is a disease which is characterized by the (am) Brain injury includes any injury to the brain under par.

8 Dependency of a person on the drug alcohol, to the extent that the (a) that is vascular in origin if received by a person prior to his or person's health is substantially impaired or endangered or his or her attaining the age of 22 years. her social or economic functioning is substantially disrupted. (b) Brain injury does not include alcoholism, Alzheimer's (2) Approved treatment facility means any publicly or pri- disease as specified under s. (1) (a), or degenerative brain vately operated treatment facility or unit thereof approved by the disorder, as defined in s. (1v). 2017 18 wisconsin Statutes updated by 2017 Wis. Acts 368 to 370 and through all Supreme Court and controlled Substances Board Orders filed before and in effect on March 11, 2019.

9 Published and certified under s. Changes effective after March 11, 2019, are designated by NOTES. (Published 3 11 19). Updated 2017 18 Wis. Stats. Published and certified under s. March 11, 2019. MENTAL HEALTH ACT Updated 17 18 Wis. Stats. 2. (3) Center for the developmentally disabled means any (11m) Licensed mental health professional has the mean- facility which is operated by the department and which provides ing given in s. (1) (dm). services including, but not limited to, 24 hour treatment, con- (12) Mental health institute means any institution operated sultation, training and education for developmentally disabled by the department for specialized psychiatric services, research, persons.

10 Education, and which is responsible for consultation with commu- (3n) Community mental health program means a program nity programs for education and quality of care. to provide community based outpatient mental health services (13) (a) Mental illness means mental disease to such extent that is operated by or under contract with a county department of that a person so afflicted requires care and treatment for his or her community programs or that requests payment for the services own welfare, or the welfare of others, or of the community. under the medical assistance program or under benefits required (b) Mental illness , for purposes of involuntary commitment, under s.