A.B.848. Emergency outpatient mental health treatment for minors. (FE)

Wisconsin Assembly
Last action a year ago
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                    This bill allows a treatment director to provide outpatient mental health  treatment to children for 30 days without first obtaining informed consent if 1) an  emergency situation exists, or time and distance requirements preclude obtaining  written consent before beginning outpatient mental health treatment, and potential  harm will come to the child or others if treatment is not initiated before written  consent is obtained; and 2) a reasonable effort was made to obtain consent from the  child's parent or guardian. During the 30-day treatment period, the treatment  director of the outpatient mental health treatment provider must either obtain  informed, written consent of a parent or guardian of the child or, if consent is not  obtained, file a petition to initiate a review of outpatient mental health treatment of  a minor under the current law procedure. Under the 30-day emergency treatment  period established in the bill, no one may prescribe medications to the child seeking  mental health treatment or admit the child to any inpatient facility without consent  of the child's parent or guardian. Similar to the current procedure for billing a child  for alcohol and other drug services, the bill requires the treatment director of the  outpatient mental health treatment provider to obtain the child's consent before  billing a third party for services provided under this bill when consent of a parent or  guardian has not been obtained. If the child does not consent to billing a third party,  the child is responsible for paying for the services, which the Department of Health  Services must bill to the child with the fee based solely on the child's ability to pay.
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                    Review of outpatient mental health treatment of children 14 years of age or  older is unchanged by this bill. Currently, the review may be instigated by a child  who is 14 years of age or older, or a person acting on the minor's behalf, and whose  parent or guardian refuses or is unable to provide informed consent for outpatient  mental health treatment or by a treatment director of a facility providing treatment  to a child despite the child's refusal to consent. Within 21 days after the filing of a  petition for review, a mental health review officer designated by the court must hold  a hearing on the petition and must order either that informed consent by the parent  or guardian is not required to treat the child or that treatment of the child is  appropriate despite the child's objection, whichever is appropriate. After the mental  health review officer's order, the child or someone acting on the child's behalf may  petition the court for judicial review.

A procedure exists under current law for admission for inpatient mental health  and alcohol and other drug abuse treatment for children without parental consent  or without the child's consent depending on the age of the minor. Current law also  allows a physician or credentialed health care facility to provide certain services for  alcohol and other drug abuse to a child 12 years of age or over without parental  consent or notification if a parent or legal guardian cannot be found or if there is no  parent with legal custody.

In an effort to be an unbiased source of information, all text in this summary comes directly from government resources.


  • Introduced by Representatives Loudenbeck, C. Taylor, Kolste, Berceau, Duchow, Kitchens, Mursau, Novak, Quinn, Rohrkaste, Sinicki, Spiros and Subeck; cosponsored by Senators Darling, Olsen and L. Taylor

    Thu, Jan 18th 2018
  • Read first time and referred to Committee on Mental Health

    Thu, Jan 18th 2018