LRB-1821/1
ZDW:klm
2021 - 2022 LEGISLATURE
May 7, 2021 - Introduced by Representatives Zimmerman, Horlacher, James,
Krug, Steffen and Wichgers, cosponsored by Senator Darling. Referred to
Committee on Substance Abuse and Prevention.
AB317,1,2
1An Act relating to: modifying administrative rules relating to driver safety
2plans and medication-assisted treatments.
Analysis by the Legislative Reference Bureau
This bill modifies rules relating to driver safety plans to require an evaluation
of medication-assisted treatment as an option for some drivers.
Under current law, courts must order a person convicted of operating a motor
vehicle while intoxicated to submit to an assessment of the person's use of alcohol or
controlled substances or their analogs. The assessment facility must develop a driver
safety plan for the person, which may include substance abuse treatment. If a person
fails to comply with the requirements of his or her driver safety plan, the Department
of Transportation must revoke his or her operating privilege.
The Department of Health Services establishes standards for assessment
procedures and driver safety plans by administrative rule. Current DHS rules
provide that, if an assessment makes a finding of dependency, suspected dependency,
or dependency in remission for a person, the driver safety plan for that person must
recommend substance abuse treatment. The bill provides that, if substance abuse
treatment is recommended for a person, the treatment must include an evaluation
for the appropriateness of medication-assisted treatment for the person.
For further information see the state and local 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:
AB317,1
1Section
1. DHS 62.07 (5) (b) 2., 3., and 4. of the administrative code are
2amended to read:
AB317,2,83
DHS 62.07 (5) (b) 2. `Finding of suspected dependency.' If the assessment
4finding for a client is suspected alcohol, controlled substance, controlled substance
5analog, or other drug dependency, the driver safety plan shall recommend substance
6abuse treatment
, including an evaluation of the appropriateness of
7medication-assisted treatment, that does not include residential or inpatient
8services under s. DHS 75.10, 75.11, or 75.14.
AB317,2,149
DHS 62.07 (5) (b) 3. `Finding of dependency.' If the assessment finding for a
10client is alcohol, controlled substance, controlled substance analog, or other drug
11dependency, the driver safety plan shall recommend substance abuse treatment
,
12including an evaluation of the appropriateness of medication-assisted treatment, 13under ss. DHS 75.10 to 75.15. If residential or inpatient services are recommended,
14the residential or inpatient services may not exceed 30 days.
AB317,2,1915
DHS 62.07 (5) (b) 4. `Finding of dependency in remission.' If the assessment
16finding for a client is suspected alcohol, controlled substance, controlled substance
17analog, or other drug dependency in remission, the driver safety plan shall
18recommend substance abuse treatment
, including an evaluation of the
19appropriateness of medication-assisted treatment.
