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.
51.48
Alcohol and other drug testing, assessment, and treatment of minor without minor’s consent. A minor’s parent or guardian may consent to have the minor tested for the presence of alcohol or other drugs in the minor’s body or to have the minor assessed by an approved treatment facility for the minor’s abuse of alcohol or other drugs according to the criteria specified in s. 938.547 (4). If, based on the assessment, the approved treatment facility determines that the minor is in need of treatment for the abuse of alcohol or other drugs, the approved treatment facility shall recommend a plan of treatment that is appropriate for the minor’s needs and that provides for the least restrictive form of treatment consistent with the minor’s needs. That treatment may consist of outpatient treatment, day treatment, or, if the minor is admitted in accordance with s. 51.13, inpatient treatment. The parent or guardian of the minor may consent to the treatment recommended under this section. Consent of the minor for testing, assessment, or treatment under this section is not required. History: 1999 a. 9; 2001 a. 16.