CHAPTER 51

1 MENTAL HEALTH ACT 17 18 Wis. 2017 18 Wis. Stats. Published and certified under s. March 11, 18 Wisconsin Statutes updated by 2017 Wis. Acts 368 to 370 and through all Supreme Court and Controlled SubstancesBoard Orders filed before and in effect on March 11, 2019. Published and certified under s. Changes effective after March11, 2019, are designated by NOTES. (Published 3 11 19) CHAPTER 51 STATE ALCOHOL, DRUG ABUSE, DEVELOPMENTAL DISABILITIESAND MENTAL HEALTH on mental of children s mental ; powers and and revocations of certification or approval based on delinquenttaxes or unemployment insurance mental health clinic facility crisis stabilization of inpatient psychiatric health health for the developmentally County Mental Health admission of of outpatient treatment for of outpatient mental health treatment of minors aged 14 or of commitment for and custody of and commitments; mental health testing of sex patients on unauthorized patients on unauthorized of residence for certain adults.

2 County of County mental health; Milwaukee County mental mental health, developmental disabilities, alcoholism anddrug abuse support and methamphetamine treatment by methadone treatment in disabilities intervention psychiatry consultation medicine consultation and control of alcoholism and drug for pregnant women for private treatment for alcohol or other and other drug abuse treatment for minors without parental and other drug testing, assessment, and treatment of minor with-out minor s intoxicated driver intervention grant not of for counsel provided by the and advocacy pay for of death required; penalty; of tuberculosis procedure; protective compact on mental of of extradition of persons of unsound mind act; of certain of demand; discharge; of time to commence contracts for services under this reference: See s.

3 For definitions applicable to chs. 46, 50, 51, 54,55, and Legislative policy. (1)It is the policy of the state toassure the provision of a full range of treatment and rehabilitationservices in the state for all mental disorders and developmentaldisabilities and for mental illness, alcoholism and other drugabuse. There shall be a unified system of prevention of such con-ditions and provision of services which will assure all people inneed of care access to the least restrictive treatment alternativeappropriate to their needs, and movement through all treatmentcomponents to assure continuity of care, within the limits of avail-able state and federal funds and of county funds required to beappropriated to match state funds.

4 (2)To protect personal liberties, no person who can be treatedadequately outside of a hospital, institution or other inpatientfacility may be involuntarily treated in such a : 1975 c. 430; 1995 a. Definitions. As used in this CHAPTER , except where oth-erwise expressly provided:(1) Alcoholic means a person who is suffering from alco-holism.(1m) Alcoholism is a disease which is characterized by thedependency of a person on the drug alcohol, to the extent that theperson s health is substantially impaired or endangered or his orher social or economic functioning is substantially disrupted.(2) Approved treatment facility means any publicly or pri-vately operated treatment facility or unit thereof approved by thedepartment for treatment of alcoholic, drug dependent, mentallyill or developmentally disabled persons.

5 (2c) Approved tribal treatment facility means a treatmentagency that operates under the direction and control of a federallyrecognized American Indian tribe or band in this state and meetsthe standards prescribed for approved treatment facilities under (8) (a) and is approved under s. (8) (c).(2g)(a) Brain injury means any injury to the brain, regard-less of age at onset, whether mechanical or infectious in origin,including brain trauma, brain damage and traumatic head injury,the results of which are expected to continue indefinitely, whichconstitutes a substantial handicap to the individual, and whichdirectly results in any 2 or more of the following:1. Attention Cognition Language Memory Conduct Motor Any other neurological dysfunction.

6 (am) Brain injury includes any injury to the brain under par.(a) that is vascular in origin if received by a person prior to his orher attaining the age of 22 years.(b) Brain injury does not include alcoholism, Alzheimer sdisease as specified under s. (1) (a), or degenerative braindisorder, as defined in s. (1v).Updated 17 18 Wis. HEALTH ACTU pdated 2017 18 Wis. Stats. Published and certified under s. March 11, 18 Wisconsin Statutes updated by 2017 Wis. Acts 368 to 370 and through all Supreme Court and Controlled SubstancesBoard Orders filed before and in effect on March 11, 2019. Published and certified under s. Changes effective after March11, 2019, are designated by NOTES.

7 (Published 3 11 19)(3) Center for the developmentally disabled means anyfacility which is operated by the department and which providesservices including, but not limited to, 24 hour treatment, con-sultation, training and education for developmentally disabledpersons.(3n) Community mental health program means a programto provide community based outpatient mental health servicesthat is operated by or under contract with a county department ofcommunity programs or that requests payment for the servicesunder the medical assistance program or under benefits requiredunder s. (2).(3s) Community support program means a coordinatedcare and treatment system that provides a network of servicesthrough an identified treatment program and staff to ensure ongo-ing therapeutic involvement and individualized treatment in thecommunity for individuals with serious and persistent mental ill-ness.

8 (4) Conditional transfer means a transfer of a patient or resi-dent to a less restrictive environment for treatment which is madesubject to conditions imposed for the benefit of the patient or resi-dent.(4g) County of residence means the county that is deter-mined under s. to be the county of residence.(4r) Degenerative brain disorder means the loss or dysfunc-tion of brain cells to the extent that the individual is substantiallyimpaired in his or her ability to provide adequately for his or herown care or custody or to manage adequately his or her propertyor financial affairs.(5)(a) Developmental disability means a disability attribut-able to brain injury, cerebral palsy, epilepsy, autism, Prader Willisyndrome, intellectual disability, or another neurological condi-tion closely related to an intellectual disability or requiring treat - ment similar to that required for individuals with an intellectualdisability, which has continued or can be expected to continueindefinitely and constitutes a substantial handicap to the afflictedindividual.

9 Developmental disability does not include demen-tia that is primarily caused by degenerative brain disorder.(b) Developmental disability , for purposes of involuntarycommitment, does not include cerebral palsy or epilepsy.(6) Director means the person in charge of a state treatmentfacility, state or local treatment center, or approved private facility.(7) Discharge of a patient who is under involuntary commit- ment orders means a termination of custody and treatment obliga-tions of the patient to the authority to which the patient was com-mitted by court action. The discharge of a patient who isvoluntarily admitted to a treatment program or facility means atermination of treatment obligations between the patient and thetreatment program or facility.

10 (8) Drug dependence means a disease that is characterizedby a person s use of one or more drugs that is beyond the person sability to control to the extent that the person s physical health issubstantially impaired or his or her social or economic functioningis substantially disrupted.(8b) Drug dependent means suffering from drug depen-dence.(9) Hospital has the meaning given under s. (10) Inpatient facility means a public or private hospital orunit of a hospital which has as its primary purpose the diagnosis,treatment and rehabilitation of mental illness, developmental dis-ability, alcoholism or drug abuse and which provides 24 hourcare.(10m) Juvenile correctional facility has the meaning givenin s.