Wisconsin Statutes 51.47 – Alcohol and other drug abuse treatment for minors without parental consent
Current as of: 2023 | Check for updates
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Terms Used In Wisconsin Statutes 51.47
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Minor: means a person who has not attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, "minor" does not include a person who has attained the age of 17 years. See Wisconsin Statutes 990.01
- 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
- 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
(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.