Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB109

Introduced
3/7/25  

Caption

Clinician initiation of emergency detention of a minor and providing a penalty.

Impact

This bill provides additional pathways for the emergency detention of minors, addressing situations where immediate mental health intervention is crucial. By permitting clinicians to act, it can theoretically improve responsiveness to emergencies involving youth who are mentally ill, drug-dependent, or developmentally disabled. The existing law's limitations that required only law enforcement's initiation of detention can lead to delays in getting help, and SB 109 aims to rectify this by allowing clinicians to intervene promptly.

Summary

Senate Bill 109 aims to reform the procedures surrounding the emergency detention of minors in Wisconsin. It introduces a provision allowing counties to authorize specific medical and behavioral health clinicians to initiate emergency detentions. This expands on existing laws where only law enforcement officers had the authority to take minors into custody under certain dangerous conditions. The bill includes provisions for a defined approval process where clinicians, such as psychologists and mental health professionals, must be authorized by the county to perform initiations based on statutory standards of dangerousness.

Contention

Notably, the implementation of this bill hinges upon each county's decision to adopt these provisions, making it optional and varying by region. Critics might argue that such powerful authorizations could lead to misuse or overreach by clinicians, thereby converting mental health scenarios into legal proceedings. Furthermore, the bill maintains liability protections for clinicians acting in good faith, which can complicate accountability in such sensitive instances, potentially sparking debates on ethical practice and safeguarding rights of minors.

Companion Bills

No companion bills found.

Previously Filed As

WI SB1104

Regulating and addressing PFAS, extending the time limit for emergency rule procedures, providing an exemption from rule-making procedures and emergency rule procedures, granting rule-making authority, making an appropriation, and providing a penalty. (FE)

WI SB641

Eliminating the prohibitions on electric weapons and providing a penalty.

WI SB462

Crisis urgent care and observation facilities and granting rule-making authority. (FE)

WI AB467

Crisis urgent care and observation facilities and granting rule-making authority. (FE)

WI AB668

Licensure of dental therapists; extending the time limit for emergency rule procedures; providing an exemption from emergency rule procedures; providing an exemption from rule-making procedures; and granting rule-making authority. (FE)

WI SB689

Licensure of dental therapists; extending the time limit for emergency rule procedures; providing an exemption from emergency rule procedures; providing an exemption from rule-making procedures; and granting rule-making authority. (FE)

WI AB321

Reading instruction in public schools and private schools participating in parental choice programs, an early literacy assessment and intervention program, providing an exemption from rule-making procedures, and granting rule-making authority. (FE)

WI SB329

Reading instruction in public schools and private schools participating in parental choice programs, an early literacy assessment and intervention program, providing an exemption from rule-making procedures, and granting rule-making authority. (FE)

WI AB1040

Medical cannabis, granting rule-making authority, and providing a penalty. (FE)

WI AB870

Video recording of surgical procedures, providing an exemption from emergency rule procedures, granting rule-making authority, and providing a penalty. (FE)

Similar Bills

WI AB114

Clinician initiation of emergency detention of a minor and providing a penalty.

MT HB955

Legalize psilocybin use for PTSD/mental illness treatment

MS HB320

Health benefit plans; prohibit from providing coverage or related services for clinician-administered drugs.

MS HB1316

Health benefit plans; prohibit from providing coverage or related services for clinician-administered drugs.

NJ S3808

Requires DMVA create Bereavement Counseling Program for family members and volunteer caregivers of certain veterans.

CA AB426

In-Home Supportive Services program.

RI S2086

Prohibits healthcare entities from interfering with a patient's right to choose to obtain a clinician-administered drug from their provider or pharmacy of choice.

RI H7365

Provides that health insurers provide coverage for covered clinician-administered drugs under certain circumstances.