Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1100 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Date of enactment:
2		-	2023 Assembly Bill 1100 Date of publication*:
3		-	2023 WISCONSIN ACT
4		-	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)
5		-	3. c. of the statutes; relating to: degree requirements for certain local health officers; admissions authorized by coun-
6		-	ties to mental health institutes; and eliminating references to defunct regional long−term care advisory committees
7		-	(suggested as remedial legislation by the Department of Health Services).
8		-	The people of the state of Wisconsin, represented in
9		-	senate and assembly, do enact as follows:
10		-	LAW REVISION COMMITTEE PREFATORY NOTE: This bill is
11		-	a remedial legislation proposal, requested by the Department
12		-	of Health Services and introduced by the Law Revision Com-
13		-	mittee under s. 13.83 (1) (c) 4. and 5., stats. After careful con-
14		-	sideration of the various provisions of the bill, the Law Revi-
15		-	sion Committee has determined that this bill makes minor
16		-	substantive changes in the statutes, and that these changes are
17		-	desirable as a matter of public policy.
18		-	SECTION 1. 46.283 (6) (b) 4. of the statutes is
19		-	repealed.
20		-	NOTE: SECTIONS 1 and 2 remove references to regional
21		-	long−term care advisory committees. The requirement to cre-
22		-	ate such committees was repealed by 2019 Wisconsin Act 9
23		-	[Sec. 464]. There are no active committees.
24		-	SECTION 2. 46.283 (6) (b) 5. of the statutes is
25		-	amended to read:
26		-	46.283 (6) (b) 5. Recommend strategies for building
27		-	local capacity to serve older persons and persons with
28		-	physical or developmental disabilities, as appropriate, to
29		-	local elected officials, the regional long−term care advi-
30		-	sory committee, or the department.
31		-	SECTION 3. 51.05 (2) of the statutes is amended to
32		-	read:
33		-	51.05 (2) ADMISSIONS AUTHORIZED BY COUNTIES. The
34		-	department may not accept for admission to a mental
35		-	health institute any resident person, except in an emer-
36		-	gency, unless the county department under s. 51.42 in the
37		-	county where the person has residence authorizes the
38		-	care under s. 51.42 (3) (as). Patients who are committed
39		-	to the department under s. 975.01, 1977 stats., or s.
40		-	975.02, 1977 stats., or s. 971.14, 971.17, 975.06, or
41		-	980.06, admitted by the department under s. 975.17,
42		-	1977 stats., or are transferred from a juvenile correctional
43		-	facility or a secured residential care center for children
44		-	and youth to a state treatment facility under s. 51.35 (3)
45		-	or from a jail or prison to a state treatment facility under
46		-	s. 51.37 (5) are not subject to this section subsection.
47		-	NOTE: In general, the Department of Health Services may
48		-	not admit a person into a state mental health institute unless
49		-	the relevant county agency authorizes the care. However, cer-
50		-	tain persons who are judicially committed, voluntarily admit-
51		-	ted, or transferred from a juvenile correctional facility,
52		-	secured residential care center for children and youth, jail, or
53		-	prison are not subject to that county authorization require-
54		-	ment, which is contained in s. 51.05 (2), stats. In addition,
55		-	those persons are not subject to various other provisions
56		-	regarding state mental health institutes, which are contained
57		-	elsewhere in s. 51.05, stats. This SECTION provides that those
58		-	persons remain not subject to the county authorization
59		-	requirement in s. 51.05 (2), stats., but become subject to the
60		-	other provisions of s. 51.05, stats., as applicable.
61		-	SECTION 4. 251.06 (1) (c) 1. of the statutes is
62		-	amended to read:
63		-	* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
64		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Assembly Bill 1100
65		-	251.06 (1) (c) 1. A master’s degree, or a degree or
66		-	educational credential higher than a master’s degree, in
67		-	public health, public administration, health administra-
68		-	tion or, as defined in rules promulgated by the depart-
69		-	ment, a similar field and 3 years of experience in a full−
70		-	time administrative position in either a public health
71		-	agency or public health work.
72		-	SECTION 5. 251.06 (1) (c) 3. c. of the statutes is
73		-	amended to read:
74		-	251.06 (1) (c) 3. c. A master’s degree, or a degree or
75		-	educational credential higher than a master’s degree, in
76		-	public health, public administration, health administra-
77		-	tion or, as defined in rules promulgated by the depart-
78		-	ment, a similar field.
79		-	NOTE: A person may fulfill some of the qualifications to
80		-	serve as a local health officer of a Level III local health depart-
81		-	ment by holding a master’s degree in public health, public
82		-	administration, or health administration. SECTIONS 4 and 5
83		-	provide that holding a master’s degree or higher in those fields
84		-	also fulfills those qualifications.
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 ASSEMBLY BILL 1100
	5	+	February 20, 2024 - Introduced by LAW REVISION COMMITTEE. Referred to
	6	+	Committee on Rules.
	7	+	*AUTHORS SUBJECT TO CHANGE*
	8	+	AN ACT to repeal 46.283 (6) (b) 4.; and to amend 46.283 (6) (b) 5., 51.05 (2),
	9	+	251.06 (1) (c) 1. and 251.06 (1) (c) 3. c. of the statutes; relating to: degree
	10	+	requirements for certain local health officers; admissions authorized by
	11	+	counties to mental health institutes; and eliminating references to defunct
	12	+	regional long-term care advisory committees (suggested as remedial
	13	+	legislation by the Department of Health Services).
	14	+	Analysis by the Legislative Reference Bureau
	15	+	This bill modifies the degree requirements for a local health officer of a Level
	16	+	III local health department. Local health departments are operated by towns,
	17	+	villages, cities, and counties for certain public health objectives. A Level III local
	18	+	health department must perform all of the duties required of Level I and II local
	19	+	health departments as well as certain additional duties, including public health data
	20	+	collection and administration of an environmental health program. Local health
	21	+	officers administer local health departments; enforce public health statutes, rules,
	22	+	and regulations; administer funds for public health programs; and appoint
	23	+	personnel.
	24	+	Under current law, in order to be a local health officer of a Level III local health
	25	+	department, an individual must meet one of several combinations of educational,
	26	+	licensure, and experiential requirements. Among these combinations are 1) a
	27	+	master's degree in public health, public administration, health administration, or a
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	35	+	ASSEMBLY BILL 1100
	36	+	similar field plus three years of experience or 2) a master's degree in public health,
	37	+	public administration, health administration, or a similar field plus a license to
	38	+	practice medicine and surgery. The bill modifies these requirements so that an
	39	+	individual is eligible to be a local health officer of a Level III local health department
	40	+	if that individual has a master's degree or higher in public health, public
	41	+	administration, health administration, or a similar field plus three years of
	42	+	experience or a license to practice medicine and surgery.
	43	+	Under current law, the Department of Health Services may not, except in an
	44	+	emergency, accept any Wisconsin resident for admission to a mental health institute
	45	+	unless the county department of community programs or, for persons residing in
	46	+	Milwaukee County, the Milwaukee County Mental Health Board authorizes his or
	47	+	her care in a mental health institute. Certain persons who are committed to DHS,
	48	+	are admitted by DHS to a mental health institute, or are transferred from a juvenile
	49	+	correctional facility or a secured residential care center for children and youth to a
	50	+	state treatment facility or from a jail or prison to a state treatment facility are not
	51	+	subject to the requirement that the county department of community programs or
	52	+	the Milwaukee County Mental Health Board, as applicable, authorize their care in
	53	+	a mental health institute. This bill clarifies that the only requirement that does not
	54	+	apply to these persons is the requirement that the county department of community
	55	+	programs or the Milwaukee County Mental Health Board, as applicable, authorize
	56	+	their care in a mental health institute.
	57	+	This bill repeals statutory references and requirements relating to regional
	58	+	long-term care advisory committees as these committees were eliminated by 2019
	59	+	Wisconsin Act 9.
	60	+	For further information, see the NOTES provided by the Law Revision
	61	+	Committee of the Joint Legislative Council.
	62	+	The people of the state of Wisconsin, represented in senate and assembly, do
	63	+	enact as follows:
	64	+	LAW REVISION COMMITTEE PREFATORY NOTE: This bill is a remedial legislation
	65	+	proposal, requested by the Department of Health Services and introduced by the Law
	66	+	Revision Committee under s. 13.83 (1) (c) 4. and 5., stats. After careful consideration of
	67	+	the various provisions of the bill, the Law Revision Committee has determined that this
	68	+	bill makes minor substantive changes in the statutes, and that these changes are
	69	+	desirable as a matter of public policy.
	70	+	SECTION 1. 46.283 (6) (b) 4. of the statutes is repealed.
	71	+	NOTE: SECTIONS 1 and 2 remove references to regional long-term care advisory
	72	+	committees. The requirement to create such committees was repealed by 2019 Wisconsin
	73	+	Act 9 [Sec. 464]. There are no active committees.
	74	+	SECTION 2. 46.283 (6) (b) 5. of the statutes is amended to read:
	75	+	46.283 (6) (b) 5. Recommend strategies for building local capacity to serve older
	76	+	persons and persons with physical or developmental disabilities, as appropriate, to
	77	+	1
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	83	+	SECTION 2
	84	+	ASSEMBLY BILL 1100
	85	+	local elected officials, the regional long-term care advisory committee, or the
	86	+	department.
	87	+	SECTION 3. 51.05 (2) of the statutes is amended to read:
	88	+	51.05 (2) ADMISSIONS AUTHORIZED BY COUNTIES. The department may not accept
	89	+	for admission to a mental health institute any resident person, except in an
	90	+	emergency, unless the county department under s. 51.42 in the county where the
	91	+	person has residence authorizes the care under s. 51.42 (3) (as). Patients who are
	92	+	committed to the department under s. 975.01, 1977 stats., or s. 975.02, 1977 stats.,
	93	+	or s. 971.14, 971.17, 975.06, or 980.06, admitted by the department under s. 975.17,
	94	+	1977 stats., or are transferred from a juvenile correctional facility or a secured
	95	+	residential care center for children and youth to a state treatment facility under s.
	96	+	51.35 (3) or from a jail or prison to a state treatment facility under s. 51.37 (5) are
	97	+	not subject to this section subsection.
	98	+	NOTE: In general, the Department of Health Services may not admit a person into
	99	+	a state mental health institute unless the relevant county agency authorizes the care.
	100	+	However, certain persons who are judicially committed, voluntarily admitted, or
	101	+	transferred from a juvenile correctional facility, secured residential care center for
	102	+	children and youth, jail, or prison are not subject to that county authorization
	103	+	requirement, which is contained in s. 51.05 (2), stats. In addition, those persons are not
	104	+	subject to various other provisions regarding state mental health institutes, which are
	105	+	contained elsewhere in s. 51.05, stats. This SECTION provides that those persons remain
	106	+	not subject to the county authorization requirement in s. 51.05 (2), stats., but become
	107	+	subject to the other provisions of s. 51.05, stats., as applicable.
	108	+	SECTION 4. 251.06 (1) (c) 1. of the statutes is amended to read:
	109	+	251.06 (1) (c) 1. A master's degree, or a degree or educational credential higher
	110	+	than a master's degree, in public health, public administration, health
	111	+	administration or, as defined in rules promulgated by the department, a similar field
	112	+	and 3 years of experience in a full-time administrative position in either a public
	113	+	health agency or public health work.
	114	+	SECTION 5. 251.06 (1) (c) 3. c. of the statutes is amended to read:
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	136	+	SECTION 5 ASSEMBLY BILL 1100
	137	+	251.06 (1) (c) 3. c. A master's degree, or a degree or educational credential
	138	+	higher than a master's degree, in public health, public administration, health
	139	+	administration or, as defined in rules promulgated by the department, a similar field.
	140	+	NOTE: A person may fulfill some of the qualifications to serve as a local health
	141	+	officer of a Level III local health department by holding a master's degree in public health,
	142	+	public administration, or health administration. SECTIONS 4 and 5 provide that holding
	143	+	a master's degree or higher in those fields also fulfills those qualifications.
	144	+	(END)
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