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LRB-3228/1
TJD:emw&ahe
2015 - 2016 LEGISLATURE
January 7, 2016 - Introduced by Representatives Nygren, Novak, Quinn, Krug,
Schraa, Kleefisch, Ballweg, Horlacher, Petryk, Steffen, Loudenbeck,
Swearingen, Spiros, T. Larson, Duchow, A. Ott, Knudson, Skowronski, Tittl,
Czaja, Sanfelippo, Rohrkaste, Jagler, Ripp, Kulp, Gannon, Jorgensen,
Ohnstad, Subeck and Sinicki, cosponsored by Senators Harsdorf, Darling,
Olsen, Moulton and Hansen. Referred to Committee on Health.
AB659,1,2 1An Act to create 51.4223 of the statutes; relating to: opioid treatment
2programs.
Analysis by the Legislative Reference Bureau
This bill imposes certain specific requirement on the regulation of opioid
treatment systems. The bill requires the Department of Health Services (DHS) to
issue a certification for an eligible opioid treatment system that is in effect for three
years and that coincides with the federal government certification period. DHS is
required to extend a two-year certification for purposes of coinciding with the date
of the federal government certification. The bill requires DHS to allow a narcotic
treatment service for opiate addiction to contract for substance abuse counselors,
clinical substance abuse counselors, or an agency to provide counseling services in
lieu of directly hiring those individuals. DHS is prohibited under the bill from
limiting the length of treatment received from a narcotic treatment service for opiate
addiction. The bill also prohibits DHS from requiring an individual who seeks
admission to a narcotic treatment service for opiate addiction to reside within a
certain radius of that treatment service. Currently, DHS regulates opioid treatment
systems by administrative rule.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB659,1
1Section 1. 51.4223 of the statutes is created to read:
AB659,2,2 251.4223 Opioid treatment. (1) Definitions. In this section:
AB659,2,93 (a) "Narcotic treatment service for opiate addiction" is an opioid treatment
4system that includes a physician who administers or dispenses a narcotic drug to a
5narcotic addict for treatment or detoxification treatment with a comprehensive
6range of medical and rehabilitation services; that is approved by the state methadone
7authority and the designated federal government's regulatory authority; and that is
8registered with the U.S. drug enforcement administration to use a narcotic drug for
9treatment of a narcotic addiction.
AB659,2,1210 (b) "Opioid treatment system" means a structured delivery system for
11providing substance abuse prevention, intervention, or treatment services and
12meets all of the following criteria:
AB659,2,1313 1. The system receives funds through the state under this chapter.
AB659,2,1414 2. The system is approved by the state methadone authority.
AB659,2,1715 (c) "State methadone authority" means the subunit of the department
16designated by the governor to exercise the responsibility and authority in this state
17for governing the treatment of a narcotic addiction with a narcotic drug.
AB659,2,21 18(2) Duration of certification. The department shall issue a certification for
19an eligible opioid treatment system, as determined by the department, that remains
20in effect for 3 years unless suspended or revoked and coincides with the federal
21government certification period.
AB659,3,4 22(3) Counseling services. The department shall allow a narcotic treatment
23service for opiate addiction to contract for substance abuse counselors and clinical
24substance abuse counselors in lieu of employing substance abuse counselors or
25clinical substance abuse counselors. The narcotic treatment service for opiate

1addiction may enter into a contract agreement with an agency to provide counseling
2services. A narcotic treatment service for opiate addiction that enters into a contract
3agreement for counseling service shall submit to the department a copy of the
4agreement with each application and reapplication.
AB659,3,7 5(4) Length of treatment. The department may not limit the length of
6treatment an individual receives from a narcotic treatment service for opiate
7addiction.
AB659,3,13 8(5) Geographic proximity. The department may not require an individual who
9seeks admission to a narcotic treatment service for opiate addiction to reside within
10a certain radius of the narcotic treatment service for opiate addiction. The
11department may not require an individual who resides outside of a certain radius of
12a narcotic treatment service for opiate addiction to request an exception to receive
13treatment from the narcotic treatment service for opiate addiction.
AB659,2 14Section 2. Nonstatutory provisions.
AB659,3,2215 (1) Certification duration. The department of health services shall collect
16information from certified opioid treatment systems, as defined in section 51.4223
17of the statutes, to determine the next federal government certification date for each
18opioid treatment system. The department of health services shall set as the next
19state recertification date for an opioid treatment system the date of the next federal
20government certification date. The department of health services shall extend a
212-year state certification for an opioid treatment system to comply with this
22subsection, as necessary.
AB659,3,2323 (End)
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