Date of enactment:
2023 Assembly Bill 1100 Date of publication*:
2023 WISCONSIN ACT
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 coun-
ties 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).
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 Com-
mittee under s. 13.83 (1) (c) 4. and 5., stats. After careful con-
sideration of the various provisions of the bill, the Law Revi-
sion 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repealed.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 cre-
ate such committees was repealed by 2019 Wisconsin Act 9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
local elected officials, the regional long−term care advi-
sory 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 emer-
gency, 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, cer-
tain persons who are judicially committed, voluntarily admit-
ted, 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 require-
ment, 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:
* 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
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
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 administra-
tion or, as defined in rules promulgated by the depart-
ment, 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:
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 administra-
tion or, as defined in rules promulgated by the depart-
ment, 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 depart-
ment 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.