patients' rights | wisconsin, usa | page 2
Statutes affecting PATIENT RIGHTS, DEFINITIONS OF ABUSE & NEGLECT,
ACCESS TO RECORDS (Confidentiality) and FUNDING OF PEER-SUPPORT PROGRAMS
NOTICE: (The following material is public domain and copied directly from existing legal documents. Some sections have been omitted in order to focus on specific sections related to protected rights of those persons so identified. Other rights might also be protected under other statutes || For full text of all Wisconson state statutes [prior to February 1, 2000] see website at: http://www.legis.state.wi.us/rsb/stats.html)
* See additional disclaimer at bottom of page
NOTICE: (The following material is public domain and copied directly from existing legal documents. Some sections have been omitted in order to focus on specific sections related to protected rights of those persons so identified. Other rights might also be protected under other statutes || For full text of all Wisconson state statutes [prior to February 1, 2000] see website at: http://www.legis.state.wi.us/rsb/stats.html)
* See additional disclaimer at bottom of page
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Patient Rights 51.62 Protection & Advocacy (1) Definitions (ag) Abuse (br) Neglect chapter 58: Private Asylums, Hospitals & Societies 58.01 (5) Access to Clergy 58.05 (3) Improper Hospitalization chapter 46: Social Services 46.54 Consumer Self-Help Programs 46.55 Grants for services to persons in treatment chapter 940: Abuse of Vulnerable Adults (1) Definitions (2) Penalties for Maltreatment 940.29 Abuse of Residents in Penal Facilities Mental Health & Illness 51.30 Records (1)(b) Treatment Records (2) Informed Consent (3) Access to Court Records (4) Access to Treatment Records (a) Confidentiality 51.59 Incompetency Not Implied 51.61 Patients' Rights (1) Definitions (a) Notification of Rights (b) Uncompensated Labor (c) Communication (d) Committment Petition for Review (e) Least Restrictive Setting (f) Prompt & Adequate Treatment (fm) Particpation in Plan (g) Refusal of Treatment (g)(2) Probable Cause Hearing (h) Freedom from Excessive Medication (i) Restraint & Seclusion (i) (1) Restraint during Transport (i) (2) Lockdowns (j) Informed Consent: Research (k) Psychosurgery (l) Freedom of Religion (m) Humane Environment (n) Access to Records (o) Confidentiality (p) Telephone Use (q) Clothing (r) Personal Property (s) Privacy (t) Visitors (u) Redress of Grievances (v) Personal Funds (w) Financial Liability (x) Respect & Dignity (3) Limitations of Rights (4) Applicable Facilities (5) Research & Human Rights (a) Protection of Rights (a) Grievance Procedures search engines scrub the web dogpile ask jeeves yahoo hotbot/lycos altavista northern light google webmaster: will brady updated: 11 february 2000 wbrady@operamail.com |
chapter 51:
Patient Rights SECTION 51.62 Protection and advocacy system. (1) Definitions. (ag) "Abuse" means any of the following: 1. An act, omission or course of conduct by another that is inflicted intentionally or recklessly on an individual with developmental disability or mental illness and that does at least one of the following: 1.a. Results in bodily harm or great bodily harm to the individual.1.b. Intimidates, humiliates, threatens, frightens or otherwise harasses the individual. 2. The forcible administration of medication to an individual with developmental disability or mental illness, with the knowledge that no lawful authority exists for the forcible administration. 3. An act to an individual with developmental disability or mental illness that constitutes first degree, 2nd degree, 3rd degree or 4th degree sexual assault as specified under s. 940.225. (br) "Neglect" means an act, omission or course of conduct that, because of the failure to provide adequate food, shelter, clothing, medical care or dental care, creates a significant danger to the physical or mental health of an individual with developmental disability or mental illness. 51.30 RECORDS: 51.30(1)(b) "Treatment records" include the registration and all other records concerning individuals who are receiving or who at any time have received services for mental illness, developmental disabilities, alcoholism, or drug dependence which are maintained by the department, by county departments under s. 51.42 or 51.437 and their staffs, and by treatment facilities. Such records do not include notes or records maintained for personal use by an individual providing treatment services for the department, a county department under s. 51.42 or 51.437, or a treatment facility if such notes or records are not available to others. 51.30(2) Informed consent. An informed consent for disclosure of information from court or treatment records to an individual, agency, or organization must be in writing and must contain the following: the name of the individual, agency, or organization to which the disclosure is to be made; the name of the subject individual whose treatment record is being disclosed; the purpose or need for the disclosure; the specific type of information to be disclosed; the time period during which the consent is effective; the date on which the consent is signed; and the signature of the individual or person legally authorized to give consent for the individual. 51.30(3) Access to court records. (a) Except as provided in pars. (b) and (c), the files and records of the court proceedings under this chapter shall be closed but shall be accessible to any individual who is the subject of a petition filed under this chapter. (b) An individual's attorney or guardian ad litem shall have access to the files and records of the court proceedings under this chapter without the individual's consent and without modification of the records in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals, or other actions relating to detention, admission or commitment under this chapter or ch. 971 or 975. 51.30(4) Access to registration and treatment records. (a) Confidentiality of records. Except as otherwise provided in this chapter and ss. 118.125 (4), 610.70 (3) and (5), 905.03 and 905.04, all treatment records shall remain confidential and are privileged to the subject individual. Such records may be released only to the persons designated in this chapter or ss. 118.125 (4), 610.70 (3) and (5), 905.03 and 905.04, or to other designated persons with the informed written consent of the subject individual as provided in this section. This restriction applies to elected officials and to members of boards appointed under s. 51.42 (4) (a) or 51.437 (7) (a). CHAPTER 58 : Private Asylums, Hospitals & Societies SECTION 58.01(5) Access to Clergy: Any member of the clergy of good standing shall be granted reasonable facilities, at proper times and places, freely to minister and impart moral and religious instruction, according to the usages of his or her church or denomination, to every inmate of such institution belonging to such church or denomination, or who shall desire the member of the clergy to do so. SECTION 58.05(3) Improper Hospitalization: If at any time complaint is made to the department that any person isimproperly confined in any such hospital, asylum or institution, the departmentshall examine into the case in such manner as it deems best; and if it shall appear to the department that such person is improperly confined it shall order the person's immediate release, and thereupon such person shall be released. The corporation owning or maintaining any such hospital, asylum or institution shall not, nor shall any officer or employe thereof, be liable for the detention of any person duly committed or detained at the request of the person's guardian or friends or of any county board unless such person shall have been detained after the department shall have ordered the person's release or after a court shall have directed the person's discharge; and such liability shall exist only for such detention as shall have occurred after the service of a copy of the order of such department or court upon the superintendent or other officer in charge of such hospital, asylum or institution. CHAPTER 46: Social Services: 46.54 Consumer and family self-help and peer-support programs. From the appropriation under s. 20.435 (7) (md), the department may not distribute more than $480,000 in each fiscal year to increase support for mental health family support projects, employment projects operated by consumers of mental health services, mental health crisis intervention and drop-in projects and public mental health information activities. 46.55 Grants for services to persons in treatment. (1) The department shall award grants to county departments under s. 46.23 or 51.42 for the purpose of providing services to persons who are receiving alcohol and other drug abuse treatment, including child care services for the children of the persons. (2) A county department under s. 46.23 or 51.42 may apply to the department for a grant under sub. (1). The department shall select applicants to receive grants under sub. (1) based on criteria developed by the department. (3) A county department under s. 46.23 or 51.42 which receives a grant under sub. (1) shall give priority for the services to a family whose income is below 150% of the poverty line, under 42 USC 9902 (2), or to a family with only one parent living in the home. (3m) Within the limits of available funding under s. 20.435 (7) (mb), the department shall award grants under this section in a total amount for all grants of not more than $250,000 in each fiscal year. CHAPTER 940.285 Abuse of Vulnerable Adults (See also CHAPTER 940.295 Abuse or Neglect of Residents in Mental Health Facilities") (1) Definitions. In this section: (a) "Developmentally disabled person" has the meaning specified in s.55.01 (2). (b) "Infirmities of aging" has the meaning specified in s. 55.01 (3). (bm) "Maltreatment" includes any of the following conduct: 1. Conduct that causes or could reasonably be expected to cause bodily harm or great bodily harm. 2. Restraint, isolation or confinement that causes or could reasonably be expected to cause bodily harm or great bodily harm or mental or emotional damage, including harm to the vulnerable adult's psychological or intellectual functioning that is exhibited by severe anxiety, depression, withdrawal, regression or outward aggressive behavior or a combination of these behaviors. This subdivision does not apply to restraint, isolation or confinement by order of a court or other lawful authority. 3. Deprivation of a basic need for food, shelter, clothing or personal or health care, including deprivation resulting from the failure to provide or arrange for a basic need by a person who has assumed responsibility for meeting the need voluntarily or by contract, agreement or court order. (c) "Mental illness" has the meaning specified in s. 55.01 (4m). (d) "Other like incapacities" has the meaning specified in s. 55.01 (5). (dm) "Recklessly" means conduct that creates a situation of unreasonable risk of harm and demonstrates a conscious disregard for the safety of the vulnerable adult. (e) "Vulnerable adult" means any person 18 years of age or older who either is a developmentally disabled person or has infirmities of aging, mental illness or other like incapacities and who is: 1. Substantially mentally incapable of providing for his or her needs for food, shelter, clothing or personal or health care; or 2. Unable to report cruel maltreatment without assistance. (2) Maltreatment; penalties. (a) Any person, other than a person in charge of or employed in a facility under s. 940.29 or in a facility or program under s. 940.295 (2), who does any of the following may be penalized under par. (b): 1. Intentionally subjects a vulnerable adult to maltreatment. 2. Recklessly subjects a vulnerable adult to maltreatment. 3. Negligently subjects a vulnerable adult to maltreatment. (b) 1g. Any person violating par. (a) under circumstances that cause death is guilty of a Class B felony. (b)1m. Any person violating par. (a) under circumstances that cause great bodily harm is guilty of a Class C felony.(b)1r. Any person violating par. (a) 1. under circumstances that are likely to cause great bodily harm is guilty of a Class D felony. (b)2. Any person violating par. (a) 1. under circumstances that cause or are likely to cause bodily harm is guilty of a Class E felony. (b)3. Any person violating par. (a) 2. or 3. under circumstances that are likely to cause great bodily harm is guilty of a Class E felony. (b)4. Any person violating par. (a) 2. or 3. under circumstances that cause or are likely to cause bodily harm is guilty of a Class A misdemeanor. (b)5. Any person violating par. (a) 1., 2. or 3. under circumstances not causing and not likely to cause bodily harm is guilty of a Class B misdemeanor. 940.29 Abuse of residents of penal facilities. Any person in charge of or employed in a penal or correctional institution or other place of confinement who abuses, neglects or ill-treats any person confined in or a resident of any such institution or place or who knowingly permits another person to do so is guilty of a Class E felony. |
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