51.47 Alcohol and other drug abuse treatment for minors without parental consent.
(1) Except as provided in subs. (2) and (3), any physician or health care facility licensed, approved, or certified by the state for the provision of health services may render preventive, diagnostic, assessment, evaluation, or treatment services for the abuse of alcohol or other drugs to a minor 12 years of age or over without obtaining the consent of or notifying the minor's parent or guardian and may render those services to a minor under 12 years of age without obtaining the consent of or notifying the minor's parent or guardian, but only if a parent with legal custody or guardian of the minor under 12 years of age cannot be found or there is no parent with legal custody of the minor under 12 years of age. An assessment under this subsection shall conform to the criteria specified in s. 938.547 (4). Unless consent of the minor's parent or guardian is required under sub. (2), the physician or health care facility shall obtain the minor's consent prior to billing a 3rd party for services under this section. If the minor does not consent, the minor shall be solely responsible for paying for the services, which the department shall bill to the minor under s. 46.03 (18) (b).
(2) The physician or health care facility shall obtain the consent of the minor's parent or guardian:
(a) Before performing any surgical procedure on the minor, unless the procedure is essential to preserve the life or health of the minor and the consent of the minor's parent or guardian is not readily obtainable.
(b) Before administering any controlled substances to the minor, except to detoxify the minor under par. (c).
(c) Before admitting the minor to an inpatient treatment facility, unless the admission is to detoxify the minor for ingestion of alcohol or other drugs.
(d) If the period of detoxification of the minor under par. (c) extends beyond 72 hours after the minor's admission as a patient.
(3) The physician or health care facility shall notify the minor's parent or guardian of any services rendered under this section as soon as practicable.
(4) No physician or health care facility rendering services under sub. (1) is liable solely because of the lack of consent or notification of the minor's parent or guardian.
History: 1979 c. 331; 1985 a. 281; 2001 a. 16.
Except for those services for which parental consent is necessary under sub. (2), a physician or health care facility may release outpatient or detoxification services information only with the consent of a minor patient, provided the minor is 12 years of age or over. 77 Atty. Gen. 187.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act.
51.02 - Council on mental health.
51.025 - Office of children's mental health.
51.03 - Department; powers and duties.
51.038 - Outpatient mental health clinic certification.
51.04 - Treatment facility certification.
51.042 - Youth crisis stabilization facilities.
51.045 - Availability of inpatient psychiatric and other beds.
51.047 - Mental health services.
51.05 - Mental health institutes.
51.06 - Centers for the developmentally disabled.
51.08 - Milwaukee County Mental Health Complex.
51.10 - Voluntary admission of adults.
51.138 - Emergency outpatient treatment for minors.
51.14 - Review of outpatient mental health treatment of minors aged 14 or older.
51.17 - Warning of dangerousness.
51.20 - Involuntary commitment for treatment.
51.22 - Care and custody of persons.
51.35 - Transfers and discharges.
51.37 - Criminal commitments; mental health institutes.
51.375 - Honesty testing of sex offenders.
51.38 - Nonresident patients on unauthorized absence.
51.39 - Resident patients on unauthorized absence.
51.40 - Determination of residence for certain adults; county of responsibility.
51.41 - Milwaukee County mental health; Milwaukee County mental health board.
51.42 - Community mental health, developmental disabilities, alcoholism and drug abuse services.
51.421 - Community support programs.
51.422 - Opioid and methamphetamine treatment programs.
51.4223 - Reporting by methadone treatment programs.
51.437 - Developmental disabilities services.
51.44 - Early intervention services.
51.441 - Comprehensive mental health consultation program.
51.442 - Child psychiatry consultation program.
51.445 - School-based mental health consultation pilot program.
51.448 - Addiction medicine consultation program.
51.45 - Prevention and control of alcoholism and drug dependence.
51.46 - Priority for pregnant women for private treatment for alcohol or other drug abuse.
51.47 - Alcohol and other drug abuse treatment for minors without parental consent.
51.48 - Alcohol and other drug testing, assessment, and treatment of minor without minor's consent.
51.49 - Pretrial intoxicated driver intervention grant program.
51.59 - Incompetency not implied.
51.60 - Appointment of counsel.
51.605 - Reimbursement for counsel provided by the state.
51.62 - Protection and advocacy system.
51.63 - Private pay for patients.
51.64 - Reports of death required; penalty; assessment.
51.65 - Segregation of tuberculosis patients.
51.67 - Alternate procedure; protective services.
51.75 - Interstate compact on mental health.
51.76 - Compact administrator.
51.78 - Supplementary agreements.
51.79 - Transmittal of copies.
51.81 - Uniform extradition of persons of unsound mind act; definitions.
51.82 - Delivery of certain nonresidents.
51.83 - Authentication of demand; discharge; costs.
51.84 - Limitation of time to commence proceeding.
51.87 - Interstate contracts for services under this chapter.