Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB1053 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 1053
5	5	February 21, 2024 - Introduced by LAW REVISION COMMITTEE. Referred to
6	6	Committee on Senate Organization.
7	7	*AUTHORS SUBJECT TO CHANGE*
8	8	AN ACT to repeal 46.283 (6) (b) 4.; and to amend 46.283 (6) (b) 5., 51.05 (2),
9	9	251.06 (1) (c) 1. and 251.06 (1) (c) 3. c. of the statutes; relating to: degree
10	10	requirements for certain local health officers; admissions authorized by
11	11	counties to mental health institutes; and eliminating references to defunct
12	12	regional long-term care advisory committees (suggested as remedial
13	13	legislation by the Department of Health Services).
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill modifies the degree requirements for a local health officer of a Level
16	16	III local health department. Local health departments are operated by towns,
17	17	villages, cities, and counties for certain public health objectives. A Level III local
18	18	health department must perform all of the duties required of Level I and II local
19	19	health departments as well as certain additional duties, including public health data
20	20	collection and administration of an environmental health program. Local health
21	21	officers administer local health departments; enforce public health statutes, rules,
22	22	and regulations; administer funds for public health programs; and appoint
23	23	personnel.
24	24	Under current law, in order to be a local health officer of a Level III local health
25	25	department, an individual must meet one of several combinations of educational,
26	26	licensure, and experiential requirements. Among these combinations are 1) a
27	27	master's degree in public health, public administration, health administration, or a
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36	36	similar field plus three years of experience or 2) a master's degree in public health,
37	37	public administration, health administration, or a similar field plus a license to
38	38	practice medicine and surgery. The bill modifies these requirements so that an
39	39	individual is eligible to be a local health officer of a Level III local health department
40	40	if that individual has a master's degree or higher in public health, public
41	41	administration, health administration, or a similar field plus three years of
42	42	experience or a license to practice medicine and surgery.
43	43	Under current law, the Department of Health Services may not, except in an
44	44	emergency, accept any Wisconsin resident for admission to a mental health institute
45	45	unless the county department of community programs or, for persons residing in
46	46	Milwaukee County, the Milwaukee County Mental Health Board authorizes his or
47	47	her care in a mental health institute. Certain persons who are committed to DHS,
48	48	are admitted by DHS to a mental health institute, or are transferred from a juvenile
49	49	correctional facility or a secured residential care center for children and youth to a
50	50	state treatment facility or from a jail or prison to a state treatment facility are not
51	51	subject to the requirement that the county department of community programs or
52	52	the Milwaukee County Mental Health Board, as applicable, authorize their care in
53	53	a mental health institute. This bill clarifies that the only requirement that does not
54	54	apply to these persons is the requirement that the county department of community
55	55	programs or the Milwaukee County Mental Health Board, as applicable, authorize
56	56	their care in a mental health institute.
57	57	This bill repeals statutory references and requirements relating to regional
58	58	long-term care advisory committees as these committees were eliminated by 2019
59	59	Wisconsin Act 9.
60	60	For further information, see the NOTES provided by the Law Revision
61	61	Committee of the Joint Legislative Council.
62	62	The people of the state of Wisconsin, represented in senate and assembly, do
63	63	enact as follows:
64	64	LAW REVISION COMMITTEE PREFATORY NOTE: This bill is a remedial legislation
65	65	proposal, requested by the Department of Health Services and introduced by the Law
66	66	Revision Committee under s. 13.83 (1) (c) 4. and 5., stats. After careful consideration of
67	67	the various provisions of the bill, the Law Revision Committee has determined that this
68	68	bill makes minor substantive changes in the statutes, and that these changes are
69	69	desirable as a matter of public policy.
70	70	SECTION 1. 46.283 (6) (b) 4. of the statutes is repealed.
71	71	NOTE: SECTIONS 1 and 2 remove references to regional long-term care advisory
72	72	committees. The requirement to create such committees was repealed by 2019 Wisconsin
73	73	Act 9 [Sec. 464]. There are no active committees.
74	74	SECTION 2. 46.283 (6) (b) 5. of the statutes is amended to read:
75	75	46.283 (6) (b) 5. Recommend strategies for building local capacity to serve older
76	76	persons and persons with physical or developmental disabilities, as appropriate, to
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83	83	SECTION 2
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85	85	local elected officials, the regional long-term care advisory committee, or the
86	86	department.
87	87	SECTION 3. 51.05 (2) of the statutes is amended to read:
88	88	51.05 (2) ADMISSIONS AUTHORIZED BY COUNTIES. The department may not accept
89	89	for admission to a mental health institute any resident person, except in an
90	90	emergency, unless the county department under s. 51.42 in the county where the
91	91	person has residence authorizes the care under s. 51.42 (3) (as). Patients who are
92	92	committed to the department under s. 975.01, 1977 stats., or s. 975.02, 1977 stats.,
93	93	or s. 971.14, 971.17, 975.06, or 980.06, admitted by the department under s. 975.17,
94	94	1977 stats., or are transferred from a juvenile correctional facility or a secured
95	95	residential care center for children and youth to a state treatment facility under s.
96	96	51.35 (3) or from a jail or prison to a state treatment facility under s. 51.37 (5) are
97	97	not subject to this section subsection.
98	98	NOTE: In general, the Department of Health Services may not admit a person into
99	99	a state mental health institute unless the relevant county agency authorizes the care.
100	100	However, certain persons who are judicially committed, voluntarily admitted, or
101	101	transferred from a juvenile correctional facility, secured residential care center for
102	102	children and youth, jail, or prison are not subject to that county authorization
103	103	requirement, which is contained in s. 51.05 (2), stats. In addition, those persons are not
104	104	subject to various other provisions regarding state mental health institutes, which are
105	105	contained elsewhere in s. 51.05, stats. This SECTION provides that those persons remain
106	106	not subject to the county authorization requirement in s. 51.05 (2), stats., but become
107	107	subject to the other provisions of s. 51.05, stats., as applicable.
108	108	SECTION 4. 251.06 (1) (c) 1. of the statutes is amended to read:
109	109	251.06 (1) (c) 1. A master's degree, or a degree or educational credential higher
110	110	than a master's degree, in public health, public administration, health
111	111	administration or, as defined in rules promulgated by the department, a similar field
112	112	and 3 years of experience in a full-time administrative position in either a public
113	113	health agency or public health work.
114	114	SECTION 5. 251.06 (1) (c) 3. c. of the statutes is amended to read:
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136	136	SECTION 5 SENATE BILL 1053
137	137	251.06 (1) (c) 3. c. A master's degree, or a degree or educational credential
138	138	higher than a master's degree, in public health, public administration, health
139	139	administration or, as defined in rules promulgated by the department, a similar field.
140	140	NOTE: A person may fulfill some of the qualifications to serve as a local health
141	141	officer of a Level III local health department by holding a master's degree in public health,
142	142	public administration, or health administration. SECTIONS 4 and 5 provide that holding
143	143	a master's degree or higher in those fields also fulfills those qualifications.
144	144	(END)
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