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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1100
February 20, 2024 - Introduced by LAW REVISION COMMITTEE. Referred to
Committee on Rules.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to repeal 46.283 (6) (b) 4.; and to amend 46.283 (6) (b) 5., 51.05 (2),
251.06 (1) (c) 1. and 251.06 (1) (c) 3. c. of the statutes; relating to: degree
requirements for certain local health officers; admissions authorized by
counties to mental health institutes; and eliminating references to defunct
regional long-term care advisory committees (suggested as remedial
legislation by the Department of Health Services).
Analysis by the Legislative Reference Bureau
This bill modifies the degree requirements for a local health officer of a Level
III local health department. Local health departments are operated by towns,
villages, cities, and counties for certain public health objectives. A Level III local
health department must perform all of the duties required of Level I and II local
health departments as well as certain additional duties, including public health data
collection and administration of an environmental health program. Local health
officers administer local health departments; enforce public health statutes, rules,
and regulations; administer funds for public health programs; and appoint
personnel.
Under current law, in order to be a local health officer of a Level III local health
department, an individual must meet one of several combinations of educational,
licensure, and experiential requirements. Among these combinations are 1) a
master's degree in public health, public administration, health administration, or a
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similar field plus three years of experience or 2) a master's degree in public health,
public administration, health administration, or a similar field plus a license to
practice medicine and surgery. The bill modifies these requirements so that an
individual is eligible to be a local health officer of a Level III local health department
if that individual has a master's degree or higher in public health, public
administration, health administration, or a similar field plus three years of
experience or a license to practice medicine and surgery.
Under current law, the Department of Health Services may not, except in an
emergency, accept any Wisconsin resident for admission to a mental health institute
unless the county department of community programs or, for persons residing in
Milwaukee County, the Milwaukee County Mental Health Board authorizes his or
her care in a mental health institute. Certain persons who are committed to DHS,
are admitted by DHS to a mental health institute, or are transferred from a juvenile
correctional facility or a secured residential care center for children and youth to a
state treatment facility or from a jail or prison to a state treatment facility are not
subject to the requirement that the county department of community programs or
the Milwaukee County Mental Health Board, as applicable, authorize their care in
a mental health institute. This bill clarifies that the only requirement that does not
apply to these persons is the requirement that the county department of community
programs or the Milwaukee County Mental Health Board, as applicable, authorize
their care in a mental health institute.
This bill repeals statutory references and requirements relating to regional
long-term care advisory committees as these committees were eliminated by 2019
Wisconsin Act 9.
For further information, see the NOTES provided by the Law Revision
Committee of the Joint Legislative Council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
LAW REVISION COMMITTEE PREFATORY NOTE: This bill is a remedial legislation
proposal, requested by the Department of Health Services and introduced by the Law
Revision Committee under s. 13.83 (1) (c) 4. and 5., stats. After careful consideration of
the various provisions of the bill, the Law Revision Committee has determined that this
bill makes minor substantive changes in the statutes, and that these changes are
desirable as a matter of public policy.
SECTION 1. 46.283 (6) (b) 4. of the statutes is repealed.
NOTE: SECTIONS 1 and 2 remove references to regional long-term care advisory
committees. The requirement to create such committees was repealed by 2019 Wisconsin
Act 9 [Sec. 464]. There are no active committees.
SECTION 2. 46.283 (6) (b) 5. of the statutes is amended to read:
46.283 (6) (b) 5. Recommend strategies for building local capacity to serve older
persons and persons with physical or developmental disabilities, as appropriate, to
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local elected officials, the regional long-term care advisory committee, or the
department.
SECTION 3. 51.05 (2) of the statutes is amended to read:
51.05 (2) ADMISSIONS AUTHORIZED BY COUNTIES. The department may not accept
for admission to a mental health institute any resident person, except in an
emergency, unless the county department under s. 51.42 in the county where the
person has residence authorizes the care under s. 51.42 (3) (as). Patients who are
committed to the department under s. 975.01, 1977 stats., or s. 975.02, 1977 stats.,
or s. 971.14, 971.17, 975.06, or 980.06, admitted by the department under s. 975.17,
1977 stats., or are transferred from a juvenile correctional facility or a secured
residential care center for children and youth to a state treatment facility under s.
51.35 (3) or from a jail or prison to a state treatment facility under s. 51.37 (5) are
not subject to this section subsection.
NOTE: In general, the Department of Health Services may not admit a person into
a state mental health institute unless the relevant county agency authorizes the care.
However, certain persons who are judicially committed, voluntarily admitted, or
transferred from a juvenile correctional facility, secured residential care center for
children and youth, jail, or prison are not subject to that county authorization
requirement, which is contained in s. 51.05 (2), stats. In addition, those persons are not
subject to various other provisions regarding state mental health institutes, which are
contained elsewhere in s. 51.05, stats. This SECTION provides that those persons remain
not subject to the county authorization requirement in s. 51.05 (2), stats., but become
subject to the other provisions of s. 51.05, stats., as applicable.
SECTION 4. 251.06 (1) (c) 1. of the statutes is amended to read:
251.06 (1) (c) 1. A master's degree, or a degree or educational credential higher
than a master's degree, in public health, public administration, health
administration or, as defined in rules promulgated by the department, a similar field
and 3 years of experience in a full-time administrative position in either a public
health agency or public health work.
SECTION 5. 251.06 (1) (c) 3. c. of the statutes is amended to read:
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251.06 (1) (c) 3. c. A master's degree, or a degree or educational credential
higher than a master's degree, in public health, public administration, health
administration or, as defined in rules promulgated by the department, a similar field.
NOTE: A person may fulfill some of the qualifications to serve as a local health
officer of a Level III local health department by holding a master's degree in public health,
public administration, or health administration. SECTIONS 4 and 5 provide that holding
a master's degree or higher in those fields also fulfills those qualifications.
(END)
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