AB43: Bill Text

AB43,,2701 50.09 (1) (h) Meet with, and participate in activities of social, religious, and community groups at the resident’s discretion, unless medically contraindicated as documented by the resident’s physician, physician assistant, or advanced practice registered nurse prescriber in the resident’s medical record.

AB43,1141 Section 1141. 50.09 (1) (k) of the statutes is amended to read:

AB43,,2703 50.09 (1) (k) Be free from mental and physical abuse, and be free from chemical and physical restraints except as authorized in writing by a physician, physician assistant, or advanced practice registered nurse prescriber for a specified and limited period of time and documented in the resident’s medical record. Physical restraints may be used in an emergency when necessary to protect the resident from injury to himself or herself or others or to property. However, authorization for continuing use of the physical restraints shall be secured from a physician, physician assistant, or advanced practice registered nurse prescriber within 12 hours. Any use of physical restraints shall be noted in the resident’s medical records. “Physical restraints” includes, but is not limited to, any article, device, or garment that interferes with the free movement of the resident and that the resident is unable to remove easily, and confinement in a locked room.

AB43,1142 Section 1142. 50.36 (3s) of the statutes is created to read:

AB43,,2705 50.36 (3s) The department shall require a hospital that provides emergency services to have sufficient qualified personnel at all times to manage the number and severity of emergency department cases anticipated by the location. At all times, a hospital that provides emergency services shall have on-site at least one physician who, through education, training, and experience, specializes in emergency medicine.

AB43,1143 Section 1143. 50.49 (1) (b) (intro.) of the statutes is amended to read:

AB43,,2707 50.49 (1) (b) (intro.) “Home health services” means the following items and services that are furnished to an individual, who is under the care of a physician, physician assistant, or advanced practice registered nurse prescriber, by a home health agency, or by others under arrangements made by the home health agency, that are under a plan for furnishing those items and services to the individual that is established and periodically reviewed by a physician, physician assistant, or advanced practice registered nurse prescriber and that are, except as provided in subd. 6., provided on a visiting basis in a place of residence used as the individual’s home:

AB43,1144 Section 1144. 51.036 of the statutes is created to read:

AB43,,2709 51.036 Crisis urgent care and observation facilities. (1) Definitions. In this section:

AB43,,2710 (a) “Crisis” means a situation caused by an individual’s apparent mental or substance use disorder that results in a high level of stress or anxiety for the individual, persons providing care for the individual, or the public and that is not resolved by the available coping methods of the individual or by the efforts of those providing ordinary care or support for the individual.

AB43,,2711 (b) “Crisis urgent care and observation facility” means a treatment facility that admits an individual to prevent, de-escalate, or treat the individual’s mental health or substance use disorder and includes the necessary structure and staff to support the individual’s needs relating to the mental health or substance use disorder.

AB43,,2712 (2) Certification required; exemption. (a) The department shall establish a certification process for crisis urgent care and observation facilities and may establish criteria by rule for the certification of crisis urgent care and observation facilities. The department may limit the number of certifications it grants to operate crisis urgent care and observation facilities. No person may operate a crisis urgent care and observation facility without a certification under this section. The department shall establish by rule a process for crisis urgent care and observation facilities to apply to the department for certification of the facility for the receipt of funds for services provided as a benefit to a recipient under the Medical Assistance program.

AB43,,2713 (b) A crisis urgent care and observation facility certified under this section is not subject to facility regulation under ch. 50, unless otherwise required due to the facility’s licensure or certification for other services or purposes. A crisis urgent care and observation facility is not a hospital under s. 50.32 and nothing in this paragraph limits services a hospital may provide under s. 50.32.

AB43,,2714 (c) A crisis urgent care and observation facility certified under this section shall do all of the following:

AB43,,2715 1. Accept referrals for crisis services for both youths and adults, including involuntary patients under emergency detention, voluntary patients, walk-ins, and individuals brought by law enforcement, emergency medical responders, and other emergency medical services practitioners.

AB43,,2716 2. Abstain from having a requirement for medical clearance before admission assessment.

AB43,,2717 3. Provide assessments for physical health, substance use disorder, and mental health.

AB43,,2718 4. Provide screens for suicide and violence risk.

AB43,,2719 5. Provide medication management and therapeutic counseling.

AB43,,2720 6. Provide coordination of services for basic needs.

AB43,,2721 7. Have adequate staffing 24 hours a day, 7 days a week, with a multidisciplinary team including, as needed, psychiatrists or psychiatric nurse practitioners, nurses, licensed clinicians capable of completing assessments and providing necessary treatment, peers with lived experience, and other appropriate staff.

AB43,,2722 8. Allow for voluntary and involuntary treatment of individuals in crisis as a means to avoid unnecessary placement of those individuals in hospital inpatient beds and allow for an effective conversion to voluntary stabilization when warranted in the same setting.

AB43,,2723 (3) Admission. (a) A crisis urgent care and observation facility certified under this section may accept individuals for voluntary stabilization, observation and treatment, including for assessments for mental health or substance use disorder, screening for suicide and violence risk, and medication management and therapeutic counseling.

AB43,,2724 (b) A crisis urgent care and observation facility certified under this section may accept individuals for emergency detention under s. 51.15 if the facility agrees to accept the individual. A county crisis assessment under s. 51.15 (2) (c) is required prior to acceptance of an individual for purposes of emergency detention at a crisis urgent care and observation facility certified under this section. Medical clearance is not required before admission, but the facility shall provide necessary medical services on site.

AB43,,2725 (4) Grants. From the appropriation under s. 20.435 (5) (cj), the department shall award grants to individuals and entities to develop and support crisis urgent care and observation facilities under this section.

AB43,,2726 (5) Rules. The department may promulgate rules to implement this section, including requirements for admitting and holding individuals for purposes of emergency detention. The department may promulgate the rules under this section as emergency rules under s. 227.24. Notwithstanding s. 227.24 (1) (c) and (2), a rule promulgated under this subsection may remain in effect for not more than 24 months. Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB43,1145 Section 1145. 51.042 (3m) of the statutes is created to read:

AB43,,2728 51.042 (3m) Grants. From the appropriation under s. 20.435 (5) (cc), the department shall award grants to organizations to develop and support youth crisis stabilization facilities.

AB43,1146 Section 1146. 51.044 of the statutes is created to read:

AB43,,2730 51.044 Psychiatric residential treatment facilities. (1) Definition. In this section, “psychiatric residential treatment facility” is a non-hospital facility that provides inpatient comprehensive mental health treatment services to individuals under the age of 21 who, due to mental illness, substance use, or severe emotional disturbance, need treatment that can most effectively be provided in a residential treatment facility.

AB43,,2731 (2) Certification required; exemption. (a) No person may operate a psychiatric residential treatment facility without a certification from the department. The department may limit the number of certifications it grants to operate a psychiatric residential treatment facility.

AB43,,2732 (b) A psychiatric residential treatment facility that has a certification from the department under this section is not subject to facility regulation under ch. 48.

AB43,,2733 (3) Rules. The department may promulgate rules to implement this section.

AB43,1147 Section 1147. 51.41 (1d) (b) 4. of the statutes is amended to read:

AB43,,2735 51.41 (1d) (b) 4. A psychiatric mental health advanced practice registered nurse who is suggested by the Milwaukee County board of supervisors. The Milwaukee County board of supervisors shall solicit suggestions from organizations including the Wisconsin Nurses Association for individuals who specialize in a full continuum of behavioral health and medical services including emergency detention, inpatient, residential, transitional, partial hospitalization, intensive outpatient, and wraparound community-based services. The Milwaukee County board of supervisors shall suggest to the Milwaukee County executive 4 psychiatric mental health advanced practice registered nurses for this board membership position.

AB43,1148 Section 1148. 51.44 (5) (bm) of the statutes is created to read:

AB43,,2737 51.44 (5) (bm) Ensure that any child with a level of lead in his or her blood that is 3.5 or more micrograms per 100 milliliters of blood, as confirmed by one venous blood test, is eligible for services under the program under this section.

AB43,1149 Section 1149. 51.441 of the statutes is repealed.

AB43,1150 Section 1150. 51.442 of the statutes is repealed.

AB43,1151 Section 1151. 51.443 of the statutes is created to read:

AB43,,2741 51.443 Mental health consultation program. (1) In this section:

AB43,,2742 (a) “Participating clinicians” includes physicians, nurse practitioners, physician assistants, and medically appropriate members of the care teams of physicians, nurse practitioners, and physician assistants.

AB43,,2743 (b) “Program” means the mental health consultation program under this section.

AB43,,2744 (2) During the fiscal year 2023-24, the department shall contract with the organization that provided consultation services through the child psychiatry consultation program under s. 51.442, 2021 stats., as of January 1, 2023, to administer the mental health consultation program described under this section. In subsequent fiscal years, the department shall contract with the organization that provided consultation services through the child psychiatry consultation program under s. 51.442, 2021 stats., as of January 1, 2023, or another organization to administer the mental health consultation program under this section.

AB43,,2745 (3) The contracting organization under sub. (2) shall administer a mental health consultation program that incorporates a comprehensive set of mental health consultation services, which may include perinatal, child, adult, geriatric, pain, veteran, and general mental health consultation services, and may contract with any other entity to perform any operations and satisfy any requirements under this section for the program.

AB43,,2746 (4) As a condition of providing services through the program, the contracting organization under sub. (2) shall do all of the following:

AB43,,2747 (a) Ensure that all mental health care providers who are providing services through the program have the applicable credential from this state; if a psychiatric professional, that the provider is eligible for certification or is certified by the American Board of Psychiatry and Neurology for adult psychiatry, child and adolescent psychiatry, or both; and if a psychologist, that the provider is registered in a professional organization, including the American Psychological Association, National Register of Health Service Psychologists, Association for Psychological Science, or the National Alliance of Professional Psychology Providers.

AB43,,2748 (b) Maintain the infrastructure necessary to provide the program’s services statewide.

AB43,,2749 (c) Operate the program on weekdays during normal business hours of 8 a.m. to 5 p.m.

AB43,,2750 (d) Provide consultation services under the program as promptly as is practicable.

AB43,,2751 (e) Have the capability to provide consultation services by, at a minimum, telephone and email. Consultation through the program may be provided by teleconference, video conference, voice over Internet protocol, email, pager, in-person conference, or any other telecommunication or electronic means.

AB43,,2752 (f) Provide all of the following services through the program:

AB43,,2753 1. Support for participating clinicians to assist in the management of mental health concerns.

AB43,,2754 2. Triage-level assessments to determine the most appropriate response to each request, including appropriate referrals to any community providers and health systems.

AB43,,2755 3. When medically appropriate, diagnostics and therapeutic feedback.

AB43,,2756 4. Recruitment of other clinicians into the program as participating clinicians when possible.

AB43,,2757 (g) Report to the department any information requested by the department.

AB43,,2758 (h) Conduct annual surveys of participating clinicians who use the program to assess the quality of care provided, self-perceived levels of confidence in providing mental health services, and satisfaction with the consultations and other services provided through the program. Immediately after participating clinicians begin using the program and again 6 to 12 months later, the contracting organization under sub. (2) may conduct assessments of participating clinicians to assess the barriers to and benefits of participation in the program to make future improvements and to determine the participating clinicians’ treatment abilities, confidence, and awareness of relevant resources before and after beginning to use the program.

AB43,,2759 (5) Services provided under sub. (4) (b) to (h) are eligible for funding from the department. The contracting organization under sub. (2) also may provide any of the following services under the program that are eligible for funding from the department:

AB43,,2760 (a) Second opinion diagnostic and medication management evaluations and community resource referrals conducted by either a psychiatrist or allied health professionals.

AB43,,2761 (b) In-person or web-based educational seminars and refresher courses on a medically appropriate topic within mental or behavioral health care provided to any participating clinician who uses the program.

AB43,,2762 (c) Data evaluation and assessment of the program.

AB43,1152 Section 1152. 51.445 of the statutes is repealed.

****Note: This is reconciled s. 51.445. This Section has been affected by drafts with the following LRB numbers: -1644/P3 and -1769/P1.

AB43,1153 Section 1153. 54.01 (36) (a) of the statutes is amended to read:

AB43,,2765 54.01 (36) (a) An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, if the decree or judgment is not recognized as valid in this state, unless the 2 subsequently participated in a marriage ceremony purporting to marry each other or they subsequently held themselves out as husband and wife married to each other.

AB43,1154 Section 1154. 54.960 (1) of the statutes is amended to read:

AB43,,2767 54.960 (1) Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of husband and wife 2 individuals who are married to each other, for whom survivorship is presumed, a right of survivorship does not exist unless the instrument creating the custodial trust specifically provides for survivorship or survivorship is required as to marital property.

AB43,1155 Section 1155. 59.52 (6) (a) of the statutes is amended to read:

AB43,,2769 59.52 (6) (a) How acquired; purposes. Take and hold land acquired under ch. 75 and acquire, lease or rent property, real and personal, for public uses or purposes of any nature, including without limitation acquisitions for county buildings, airports, parks, recreation, highways, dam sites in parks, parkways and playgrounds, flowages, sewage and waste disposal for county institutions, lime pits for operation under s. 59.70 (24), equipment for clearing and draining land and controlling weeds for operation under s. 59.70 (18), ambulances, acquisition and transfer of real property to the state for new collegiate institutions or research facilities, and for transfer to the state for state parks and for the uses and purposes specified in s. 23.09 (2) (d). The power of condemnation may not be used to acquire property for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

AB43,1156 Section 1156. 59.54 (25) (title) of the statutes is amended to read:

AB43,,2771 59.54 (25) (title) Possession Regulation of marijuana.

AB43,1157 Section 1157. 59.54 (25) (a) (intro.) of the statutes is amended to read:

AB43,,2773 59.54 (25) (a) (intro.) The board may enact and enforce an ordinance to prohibit the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance that is consistent with s. 961.71 or 961.72; except that if a complaint is issued regarding an allegation of possession of more than 25 grams of marijuana, or possession of any amount of marijuana following a conviction in this state for possession of marijuana alleging a violation of s. 961.72 (2) (b) 2. or (c) 3., the subject of the complaint may not be prosecuted under this subsection for the same action that is the subject of the complaint unless all of the following occur:

AB43,1158 Section 1158. 60.33 (10p) of the statutes is created to read:

AB43,,2775 60.33 (10p) Claims in towns containing state institutions. Make a certified claim against the state, without direction from the board, in all cases in which the reimbursement is directed in s. 16.51 (7), upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1.

AB43,1159 Section 1159. 60.782 (2) (d) of the statutes is amended to read:

AB43,,2777 60.782 (2) (d) Lease or acquire, including by condemnation, any real property situated in this state that may be needed for the purposes of s. 23.09 (19), 23.094 (3g) or 30.275 (4). The power of condemnation may not used to acquire property for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

AB43,1160 Section 1160. 60.85 (1) (f) of the statutes is repealed.

AB43,1161 Section 1161. 60.85 (1) (h) 1. c. of the statutes is amended to read:

AB43,,2780 60.85 (1) (h) 1. c. Real property assembly costs, meaning any deficit incurred resulting from the sale or lease as lessor by the town of real or personal property within a tax incremental district for consideration which is less than its cost to the town.

AB43,1162 Section 1162. 60.85 (1) (o) of the statutes is amended to read:

AB43,,2782 60.85 (1) (o) “Taxable property” means all real and personal taxable property located in a tax incremental district.

AB43,1163 Section 1163. 60.85 (5) (j) of the statutes is created to read:

AB43,,2784 60.85 (5) (j) Upon receiving a written application from the town clerk, in a form prescribed by the department of revenue, the department shall recalculate the base value of a tax incremental district affected by 2023 Wisconsin Act .... (this act) to remove the value of the personal property. An application received under this paragraph no later than October 31 is effective in the year following the year in which the application is made. An application received after October 31 is effective in the 2nd year following the year in which the application is made.

AB43,1164 Section 1164. 61.25 (11) of the statutes is created to read:

AB43,,2786 61.25 (11) To make a certified claim against the state, without direction from the board, in all cases in which the reimbursement is directed in s. 16.51 (7), upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1.

AB43,1165 Section 1165. 61.34 (3) (a) of the statutes is renumbered 61.34 (3) and amended to read:

AB43,,2788 61.34 (3) Acquisition and disposal of property. Except as provided in par. (b), the The village board may acquire property, real or personal, within or outside the village, for parks, libraries, recreation, beautification, streets, water systems, sewage or waste disposal, harbors, improvement of watercourses, public grounds, vehicle parking areas, and for any other public purpose; may acquire real property within or contiguous to the village, by means other than condemnation, for industrial sites; may improve and beautify the same; may construct, own, lease and maintain buildings on such property for instruction, recreation, amusement and other public purposes; and may sell and convey such property. Condemnation shall be as provided by ch. 32.