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LRB-4785/1
TJD&MIM:cdc
2019 - 2020 LEGISLATURE
November 27, 2019 - Introduced by Senators Darling, Kooyenga, Olsen,
Wanggaard and Marklein, cosponsored by Representatives Nygren, Plumer,
Allen, Novak, Snyder, Petersen, Kitchens, Felzkowski, Edming, Kulp,
Magnafici, Rohrkaste, Tusler, Petryk, Dittrich, Tranel, Thiesfeldt,
Jagler, Zimmerman, Spiros, Mursau, Ramthun, Born and Billings. Referred
to Committee on Health and Human Services.
SB591,1,4 1An Act to amend 230.34 (1) (a) 3. and 230.34 (1) (a) 4.; and to create 46.234 of
2the statutes; relating to: registration of recovery residences and disciplinary
3action against a state employee who is receiving medication-assisted
4treatment.
Analysis by the Legislative Reference Bureau
This bill creates a registry for recovery residences and specifies circumstances
under which a state employee may not be disciplined for using controlled substances
as part of medication-assisted treatment.
Recovery residences
This bill requires the Department of Health Services to establish and maintain
a registry of approved recovery residences. DHS must approve a recovery residence
for registration if the recovery residence is either certified by a nationally recognized
recovery residence certification organization that is approved by DHS or a chapter
of a national recovery residence organization that is approved by DHS, and the
certification organization or national organization has requirements for recovery
residences as described in the bill. DHS may not include a recovery residence in the
registry if the recovery residence excludes any resident solely on the basis that the
resident participates in medication-assisted treatment. DHS must revoke the
registration of a recovery residence if it ceases to be certified by or have chapter
status from whichever organization had approved it. A recovery residence is not
required to register unless the recovery residence seeks referrals or funds from the

state or federal funds passing through the state treasury. Upon request for referrals
to recovery residences, DHS must provide a list of registered recovery residences but
may limit the list of registered recovery residences it provides based on the
geographical and other preferences specified by the person requesting referrals. The
bill prohibits a recovery residence from using the designation of or holding itself out
as “registered” or “state approved” unless the recovery residence is included in the
registry under this bill.
State employee discipline
This bill provides that a state employee is not subject to discipline without prior
progressive discipline if the person is under the influence of a controlled substance
or a controlled substance analog while on duty if the employee is using the controlled
substance or controlled substance analog as dispensed, prescribed, or recommended
as part of medication-assisted treatment. The bill also provides that a state
employee is not subject to discipline without prior progressive discipline for
possession of a controlled substance or a controlled substance analog without a
prescription while on duty if the employee is using the controlled substance or
controlled substance analog as dispensed, prescribed, or recommended as part of
medication-assisted treatment.
Under current law, a state employee may be removed, suspended without pay,
discharged, demoted, or receive a reduction in pay without receiving prior
progressive discipline for being under the influence of or in possession of a controlled
substance or controlled substance analog while on duty.
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:
SB591,1 1Section 1. 46.234 of the statutes is created to read:
SB591,2,5 246.234 Recovery residences; registration. (1) Definition. In this section,
3“recovery residence” means a home-like, residential environment that promotes
4healthy recovery from a substance use disorder and supports persons recovering
5from a substance use disorder through the use of peer recovery support.
SB591,3,2 6(2) Registration. The department shall establish and maintain a registry of
7approved recovery residences. Subject to sub. (3), the department shall approve a

1recovery residence for inclusion in the registry if the recovery residence requests
2registration from the department and meets all of the following:
SB591,3,63 (a) The recovery residence is certified by a nationally recognized recovery
4residence certification organization that is approved by the department or is a
5chapter of a national recovery residence organization that is approved by the
6department.
SB591,3,97 (b) The certification organization or national organization under par. (a)
8requires the recovery residence to do all of the following to obtain or maintain
9certification or chapter status:
SB591,3,1310 1. Operate with integrity, uphold residents' rights, create a culture of
11empowerment where residents engage in governance and leadership, and develop
12abilities to apply the social model form of recovery that focuses on learning from the
13experiences of peers who are also in recovery.
SB591,3,1414 2. Provide a home-like, safe, and healthy environment.
SB591,3,1715 3. Facilitate active recovery and recovery community engagement, model
16positive social behaviors and relationship enhancement skills, and cultivate
17residents' senses of belonging and responsibility toward community.
SB591,3,1818 4. Maintain an environment in the residence free from alcohol and illicit drugs.
SB591,3,2019 5. Have courtesy rules for residents and be responsive to concerns of neighbors
20to the residence.
SB591,3,2221 6. Display in the residence the code of ethics, grievance procedure, and
22grievance contact information.
SB591,4,2 23(3) Acceptance of medication-assisted treatment. The department may not
24include a recovery residence in the registry if the recovery residence excludes any

1resident solely on the basis that the resident is participating in medication-assisted
2treatment.
SB591,4,5 3(4) Registration required for referrals or funding. A recovery residence is
4not required to register with the department unless the recovery residence seeks
5referrals under sub. (5) or state or federal funds passing through the state treasury.
SB591,4,10 6(5) Referrals. Upon request for referrals to recovery residences, the
7department shall provide a list of recovery residences that are included on the
8registry under sub. (2). The department may limit the list of registered recovery
9residences provided under this subsection based on the geographical and other
10preferences specified by the person requesting referrals.
SB591,4,13 11(6) Use of registered designation. A recovery residence may not use the
12designation of or hold itself out as “registered” or “state approved” unless the
13recovery residence is included in the registry under sub. (2).
SB591,4,16 14(7) Information required. The recovery residence shall provide at the time of
15its request for registration for the purpose of inclusion on the registry all of the
16following information:
SB591,4,1717 (a) The name of any organization that has certified the recovery residence.
SB591,4,1818 (b) The name of any organization under which the recovery residence operates.
SB591,4,1919 (c) The address of the recovery residence.
SB591,4,2020 (d) The number of residents allowed to reside at the recovery residence.
SB591,4,25 21(8) Revocation of registration. The department shall revoke the registration
22of a recovery residence if the recovery residence ceases to be certified by or a chapter
23of an organization described under sub. (2) (a). The recovery residence shall notify
24the department as soon as practicable after the recovery residence ceases to be
25certified or have chapter status under sub. (2) (a).
SB591,2
1Section 2. 230.34 (1) (a) 3. of the statutes is amended to read:
SB591,5,72 230.34 (1) (a) 3. While on duty, being intoxicated or under the influence of a
3controlled substance, as defined in s. 961.01 (4), or a controlled substance analog, as
4defined in s. 961.01 (4m). This subdivision does not apply to an employee who is
5under the influence of a controlled substance or controlled substance analog if the
6employee is using the controlled substance or controlled substance analog as
7dispensed, prescribed, or recommended as part of medication-assisted treatment.
SB591,3 8Section 3 . 230.34 (1) (a) 4. of the statutes is amended to read:
SB591,5,149 230.34 (1) (a) 4. While on duty, being in possession of a controlled substance,
10as defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01
11(4m), without a prescription. This subdivision does not apply to an employee who is
12in possession of a controlled substance or a controlled substance analog if the
13employee is using the controlled substance or controlled substance analog as
14dispensed, prescribed, or recommended as part of medication-assisted treatment.
SB591,5,1515 (End)
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