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SB646: Bill Text
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2025 - 2026 LEGISLATURE
LRB-4786/1
KMS:wlj
2025 SENATE BILL 646
November 14, 2025 - Introduced by Senator
Cabral-Guevara
, cosponsored by Representatives
Dittrich
,
Allen
,
Behnke
,
Knodl
and
Melotik
. Referred to Committee on Mental Health, Substance Abuse Prevention, Children and Families.
SB646,1,4
1
An Act
to amend
51.61 (1) (g) 3. of the statutes;
relating to:
reports on the
2
competency of involuntarily committed individuals to refuse medication or
3
treatment based upon an examination by an advanced practice registered
4
nurse.
Analysis by the Legislative Reference Bureau
Under current law, certain individuals who have been involuntarily committed for treatment have the right to exercise informed consent and refuse medications and treatments unless a situation exists in which medication or treatment is necessary to prevent serious physical harm to the individual or others or unless a court determines that the individual is not competent to refuse medication or treatment. A court makes this determination at a hearing if an interested person files a motion. Currently, the motion must be accompanied by a report that contains a signed statement by a physician that the individual needs medication or treatment and is not competent to refuse medication or treatment based on a physician’s examination. Under the bill, an advanced practice registered nurse who has expertise in psychiatric care may also perform the examination to determine whether or not the individual is competent to refuse medication or treatment.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB646,1
1
Section
1
.
51.61 (1) (g) 3. of the statutes is amended to read:
SB646,2,22
2
51.61
(1)
(g) 3. Following a final commitment order, other than for a subject
3
individual who is determined to meet the commitment standard under s. 51.20 (1)
4
(a) 2. e., have the right to exercise informed consent with regard to all medication
5
and treatment unless the committing court or the court in the county in which the
6
individual is located, within 10 days after the filing of the motion of any interested
7
person and with notice of the motion to the individual’s counsel, if any, the
8
individual and the applicable counsel under s. 51.20 (4), makes a determination,
9
following a hearing, that the individual is not competent to refuse medication or
10
treatment or unless a situation exists in which the medication or treatment is
11
necessary to prevent serious physical harm to the individual or others. A report, if
12
any, on which the motion is based shall accompany the motion and notice of motion
13
and shall include a statement signed by a licensed physician that asserts that the
14
subject individual needs medication or treatment and that the individual is not
15
competent to refuse medication or treatment, based on an examination of the
16
individual by a licensed physician
or by an advanced practice registered nurse who
17
may issue prescription orders under s. 441.09 (2) and who through education or
18
experience has expertise in psychiatric care
. The hearing under this subdivision
19
shall meet the requirements of s. 51.20 (5), except for the right to a jury trial. At the
20
request of the subject individual, the individual’s counsel or applicable counsel
21
under s. 51.20 (4), the hearing may be postponed, but in no case may the postponed
22
hearing be held more than 20 days after a motion is filed.
SB646,2
1
Section
2
. Nonstatutory provisions.
SB646,3,7
2
(
1
)
For the period beginning on the effective date of this subsection and ending
3
on September 1, 2026, a report under s. 51.61 (1) (g) 3. may be based on an
4
examination of the individual by a licensed physician or an advanced practice
5
registered nurse who through education or experience has expertise in psychiatric
6
care. For purposes of this subsection, “advanced practice registered nurse” has the
7
meaning given in s. 154.01 (1g).
SB646,3
8
Section
3
. Effective dates.
This act takes effect on the day after
9
publication, except as follows:
SB646,3,10
10
(
1
)
The treatment of s. 51.61 (1) (g) 3. takes effect on September 1, 2026.
SB646,3,11
11
(end)
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proposaltext/2025/REG/SB646
proposaltext/2025/REG/SB646
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true
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