As used in this chapter, except where otherwise expressly provided:
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Terms Used In Wisconsin Statutes 51.01

  • Alcoholic: means a person who is suffering from alcoholism. See Wisconsin Statutes 51.01
  • Alcoholism: is a disease which is characterized by the dependency of a person on the drug alcohol, to the extent that the person's health is substantially impaired or endangered or his or her social or economic functioning is substantially disrupted. See Wisconsin Statutes 51.01
  • Approved treatment facility: means any publicly or privately operated treatment facility or unit thereof approved by the department for treatment of alcoholic, drug dependent, mentally ill or developmentally disabled persons. See Wisconsin Statutes 51.01
  • Brain injury: includes any injury to the brain under par. See Wisconsin Statutes 51.01
  • Contract: A legal written agreement that becomes binding when signed.
  • Degenerative brain disorder: means the loss or dysfunction of brain cells to the extent that the individual is substantially impaired in his or her ability to provide adequately for his or her own care or custody or to manage adequately his or her property or financial affairs. See Wisconsin Statutes 51.01
  • Dependent: A person dependent for support upon another.
  • Developmental disability: means a disability attributable to brain injury, cerebral palsy, epilepsy, autism, Prader-Willi syndrome, intellectual disability, or another neurological condition closely related to an intellectual disability or requiring treatment similar to that required for individuals with an intellectual disability, which has continued or can be expected to continue indefinitely and constitutes a substantial handicap to the afflicted individual. See Wisconsin Statutes 51.01
  • Director: means the person in charge of a state treatment facility, state or local treatment center, or approved private facility. See Wisconsin Statutes 51.01
  • Drug dependence: means a disease that is characterized by a person's use of one or more drugs that is beyond the person's ability to control to the extent that the person's physical health is substantially impaired or his or her social or economic functioning is substantially disrupted. See Wisconsin Statutes 51.01
  • Drug dependent: means suffering from drug dependence. See Wisconsin Statutes 51.01
  • Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
  • Hospital: has the meaning given under…. See Wisconsin Statutes 51.01
  • Licensed practical nurse: includes a licensed practical/vocational nurse who holds a multistate license, as defined in…. See Wisconsin Statutes 990.01
  • Mental illness: means mental disease to such extent that a person so afflicted requires care and treatment for his or her own welfare, or the welfare of others, or of the community. See Wisconsin Statutes 51.01
  • Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
  • Physician assistant: means a person who is licensed as a physician assistant under subch. See Wisconsin Statutes 990.01
  • Property: includes real and personal property. See Wisconsin Statutes 990.01
  • Psychologist: means a psychologist who is licensed under…. See Wisconsin Statutes 990.01
  • Registered nurse: includes a registered nurse who holds a multistate license, as defined in…. See Wisconsin Statutes 990.01
  • Residence: has the meaning given under…. See Wisconsin Statutes 51.01
  • Serious and persistent mental illness: includes schizophrenia as well as a wide spectrum of psychotic and other severely disabling psychiatric diagnostic categories, but does not include degenerative brain disorder or a primary diagnosis of a developmental disability or of alcohol or drug dependence. See Wisconsin Statutes 51.01
  • State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
  • State treatment facility: means any of the institutions operated by the department for the purpose of providing diagnosis, care or treatment for mental or emotional disturbance, developmental disability, alcoholism or drug dependency and includes but is not limited to mental health institutes. See Wisconsin Statutes 51.01
  • Transfer: means the movement of a patient or resident between approved treatment facilities or to or from an approved treatment facility and the community. See Wisconsin Statutes 51.01
  • Treatment: means those psychological, educational, social, chemical, medical or somatic techniques designed to bring about rehabilitation of a mentally ill, alcoholic, drug dependent or developmentally disabled person. See Wisconsin Statutes 51.01
  • Treatment facility: means any publicly or privately operated facility or unit thereof providing treatment of alcoholic, drug dependent, mentally ill or developmentally disabled persons, including but not limited to inpatient and outpatient treatment programs, community support programs and rehabilitation programs. See Wisconsin Statutes 51.01
   (1d)   “Active psychosis” means a severe mental condition where an individual’s mental reality is separated from the individual’s physical reality and the individual experiences symptoms such as hallucinations or delusions.
   (1h)   “Alcoholic” means a person who is suffering from alcoholism.
   (1m)   “Alcoholism” is a disease which is characterized by the dependency of a person on the drug alcohol, to the extent that the person’s health is substantially impaired or endangered or his or her social or economic functioning is substantially disrupted.
   (2)   “Approved treatment facility” means any publicly or privately operated treatment facility or unit thereof approved by the department for treatment of alcoholic, drug dependent, mentally ill or developmentally disabled persons.
   (2c)   “Approved tribal treatment facility” means a treatment agency that operates under the direction and control of a federally recognized American Indian tribe or band in this state and meets the standards prescribed for approved treatment facilities under s. 51.45 (8) (a) and is approved under s. 51.45 (8) (c).
   (2g)   
      (a)    “Brain injury” means any injury to the brain, regardless of age at onset, whether mechanical or infectious in origin, including brain trauma, brain damage and traumatic head injury, the results of which are expected to continue indefinitely, which constitutes a substantial handicap to the individual, and which directly results in any 2 or more of the following:
         1.    Attention impairment.
         2.    Cognition impairment.
         3.    Language impairment.
         4.    Memory impairment.
         5.    Conduct disorder.
         6.    Motor disorder.
         7.    Any other neurological dysfunction.
      (am)    “Brain injury” includes any injury to the brain under par. (a) that is vascular in origin if received by a person prior to his or her attaining the age of 22 years.
      (b)    “Brain injury” does not include alcoholism, Alzheimer’s disease as specified under s. 46.87 (1) (a), or degenerative brain disorder, as defined in s. 55.01 (1v).
   (3)   “Center for the developmentally disabled” means any facility which is operated by the department and which provides services including, but not limited to, 24-hour treatment, consultation, training and education for developmentally disabled persons.
   (3n)   “Community mental health program” means a program to provide community-based outpatient mental health services that is operated by or under contract with a county department of community programs or that requests payment for the services under the medical assistance program or under benefits required under s. 632.89 (2).
   (3s)   “Community support program” means a coordinated care and treatment system that provides a network of services through an identified treatment program and staff to ensure ongoing therapeutic involvement and individualized treatment in the community for individuals with serious and persistent mental illness.
   (4)   “Conditional transfer” means a transfer of a patient or resident to a less restrictive environment for treatment which is made subject to conditions imposed for the benefit of the patient or resident.
   (4g)   “County of residence” means the county that is determined under s. 51.40 to be the county of residence.
   (4r)   “Degenerative brain disorder” means the loss or dysfunction of brain cells to the extent that the individual is substantially impaired in his or her ability to provide adequately for his or her own care or custody or to manage adequately his or her property or financial affairs.
   (5)   
      (a)    “Developmental disability” means a disability attributable to brain injury, cerebral palsy, epilepsy, autism, Prader-Willi syndrome, intellectual disability, or another neurological condition closely related to an intellectual disability or requiring treatment similar to that required for individuals with an intellectual disability, which has continued or can be expected to continue indefinitely and constitutes a substantial handicap to the afflicted individual. “Developmental disability” does not include dementia that is primarily caused by degenerative brain disorder.
      (b)    “Developmental disability”, for purposes of involuntary commitment, does not include cerebral palsy or epilepsy.
   (6)   “Director” means the person in charge of a state treatment facility, state or local treatment center, or approved private facility.
   (7)   “Discharge” of a patient who is under involuntary commitment orders means a termination of custody and treatment obligations of the patient to the authority to which the patient was committed by court action. The “discharge” of a patient who is voluntarily admitted to a treatment program or facility means a termination of treatment obligations between the patient and the treatment program or facility.
   (8)   “Drug dependence” means a disease that is characterized by a person’s use of one or more drugs that is beyond the person’s ability to control to the extent that the person’s physical health is substantially impaired or his or her social or economic functioning is substantially disrupted.
   (8b)   “Drug dependent” means suffering from drug dependence.
   (8m)   “Health care professional” means any of the following:
      (a)    A registered nurse who is licensed under s. 441.06, who is permitted under s. 441.08, or who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.51 (2) (k).
      (b)    A licensed practical nurse who is licensed or has a temporary permit under s. 441.10 or who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.51 (2) (k).
      (c)    A physician who is licensed to practice medicine and surgery under s. 448.02.
      (d)    A physician assistant who is licensed under s. 448.974.
      (e)    A psychologist who is licensed to practice psychology under subch. I of ch. 455.
      (f)    A person providing psychological services under s. 455.02 (2m) (o).
   (9)   “Hospital” has the meaning given under s. 50.33.
   (10)   “Inpatient facility” means a public or private hospital or unit of a hospital which has as its primary purpose the diagnosis, treatment and rehabilitation of mental illness, developmental disability, alcoholism or drug abuse and which provides 24-hour care.
   (10m)   “Juvenile correctional facility” has the meaning given in s. 938.02 (10p).
   (11)   “Law enforcement officer” means any person who by virtue of the person’s office or public employment is vested by law with the duty to maintain public order or to make arrests for crimes while acting within the scope of the person’s authority.
   (11m)   “Licensed mental health professional” has the meaning given in s. 632.89 (1) (dm).
   (12)   “Mental health institute” means any institution operated by the department for specialized psychiatric services, research, education, and which is responsible for consultation with community programs for education and quality of care.
   (13)   
      (a)    “Mental illness” means mental disease to such extent that a person so afflicted requires care and treatment for his or her own welfare, or the welfare of others, or of the community.
      (b)    “Mental illness”, for purposes of involuntary commitment, means a substantial disorder of thought, mood, perception, orientation, or memory which grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life, but does not include alcoholism.
   (14)   “Residence” has the meaning given under s. 49.001 (6).
   (14k)   “Secured residential care center for children and youth” has the meaning given in s. 938.02 (15g).
   (14t)   “Serious and persistent mental illness” means a mental illness that is severe in degree and persistent in duration, that causes a substantially diminished level of functioning in the primary aspects of daily living and an inability to cope with the ordinary demands of life, that may lead to an inability to maintain stable adjustment and independent functioning without long-term treatment and support, and that may be of lifelong duration. “Serious and persistent mental illness” includes schizophrenia as well as a wide spectrum of psychotic and other severely disabling psychiatric diagnostic categories, but does not include degenerative brain disorder or a primary diagnosis of a developmental disability or of alcohol or drug dependence.
   (15)   “State treatment facility” means any of the institutions operated by the department for the purpose of providing diagnosis, care or treatment for mental or emotional disturbance, developmental disability, alcoholism or drug dependency and includes but is not limited to mental health institutes.
   (16)   “Transfer” means the movement of a patient or resident between approved treatment facilities or to or from an approved treatment facility and the community.
   (17)   “Treatment” means those psychological, educational, social, chemical, medical or somatic techniques designed to bring about rehabilitation of a mentally ill, alcoholic, drug dependent or developmentally disabled person.
   (18)   “Treatment director” means the person who has primary responsibility for the treatment provided by a treatment facility. The term includes the medical director of a facility.
   (19)   “Treatment facility” means any publicly or privately operated facility or unit thereof providing treatment of alcoholic, drug dependent, mentally ill or developmentally disabled persons, including but not limited to inpatient and outpatient treatment programs, community support programs and rehabilitation programs.

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