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,
Olsen, Moulton and Hansen. Referred to Committee on Health.
1An Act to create
51.4223 of the statutes; relating to: opioid treatment
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:
51.4223 of the statutes is created to read:
251.4223 Opioid treatment. (1) Definitions.
In this section:
(a) "Narcotic treatment service for opiate addiction" is an opioid treatment 4
system that includes a physician who administers or dispenses a narcotic drug to a 5
narcotic addict for treatment or detoxification treatment with a comprehensive 6
range of medical and rehabilitation services; that is approved by the state methadone 7
authority and the designated federal government's regulatory authority; and that is 8
registered with the U.S. drug enforcement administration to use a narcotic drug for 9
treatment of a narcotic addiction.
(b) "Opioid treatment system" means a structured delivery system for 11
providing substance abuse prevention, intervention, or treatment services and 12
meets all of the following criteria:
1. The system receives funds through the state under this chapter.
2. The system is approved by the state methadone authority.
(c) "State methadone authority" means the subunit of the department 16
designated by the governor to exercise the responsibility and authority in this state 17
for governing the treatment of a narcotic addiction with a narcotic drug.
18(2) Duration of certification.
The department shall issue a certification for 19
an eligible opioid treatment system, as determined by the department, that remains 20
in effect for 3 years unless suspended or revoked and coincides with the federal 21
government certification period.
22(3) Counseling services.
The department shall allow a narcotic treatment 23
service for opiate addiction to contract for substance abuse counselors and clinical 24
substance abuse counselors in lieu of employing substance abuse counselors or 25
clinical substance abuse counselors. The narcotic treatment service for opiate
addiction may enter into a contract agreement with an agency to provide counseling 2
services. A narcotic treatment service for opiate addiction that enters into a contract 3
agreement for counseling service shall submit to the department a copy of the 4
agreement with each application and reapplication.
5(4) Length of treatment.
The department may not limit the length of 6
treatment an individual receives from a narcotic treatment service for opiate 7
8(5) Geographic proximity.
The department may not require an individual who 9
seeks admission to a narcotic treatment service for opiate addiction to reside within 10
a certain radius of the narcotic treatment service for opiate addiction. The 11
department may not require an individual who resides outside of a certain radius of 12
a narcotic treatment service for opiate addiction to request an exception to receive 13
treatment from the narcotic treatment service for opiate addiction.
(1) Certification duration.
The department of health services shall collect 16
information from certified opioid treatment systems, as defined in section 51.4223 17
of the statutes, to determine the next federal government certification date for each 18
opioid treatment system. The department of health services shall set as the next 19
state recertification date for an opioid treatment system the date of the next federal 20
government certification date. The department of health services shall extend a 21
2-year state certification for an opioid treatment system to comply with this 22
subsection, as necessary.