Health and Mental Health

Wisconsin law grants immunity in various contexts in which a person’s actions or inactions might otherwise result in civil liability, such as payment of damages or compliance with a court order. Immunity laws are enacted to encourage aid to others in emergent situations and thus are commonly referred to as “Good Samaritan laws.” This issue brief describes specific Wisconsin statutes affording immunity from civil liability to persons in circumstances where aid to others may commonly arise, including at the scene of an emergency, while working at a school, through use of an automated external defibrillator (AED), or by forcible entry into a vehicle.

As a general rule, a health care provider may not treat a minor without the consent of the minor’s parent or guardian. Further, a minor generally cannot deny a parent or guardian access to the minor’s health records. However, there are several exceptions to both of these rules, which are briefly explained in this issue brief.

The Wisconsin Department of Health Services is statutorily obligated to oversee a student
immunization program as part of the state’s efforts to eliminate certain diseases. The program includes
vaccination requirements for all students admitted to any elementary, middle, junior, or senior high
school, including a private school, or into any childcare center or nursery school.

A person with a disability receives certain protections for equal access to places of business and equal opportunities for housing, which include protections for the use of a service or support animal.

A civil commitment is the involuntary restriction of an individual’s liberty by a civil proceeding on the basis that the individual is in need of treatment or care for certain mental health, developmental disability, or substance dependency issues in order to protect the individual or others from harm. Very generally speaking, civil commitment is a two-step process: first, an individual is detained pursuant to various actions for detention; and second, a court makes certain determinations, including whether probable cause exists for civil commitment, and whether the individual meets the criteria for continued civil commitment. Throughout the proceedings, the individual must be afforded the least restrictive treatment appropriate to the individual’s situation.

Wisconsin law controls the procedural requirements for the voluntary admission of a minor for inpatient treatment. Under Wisconsin law, “voluntary” admission does not necessarily require a minor’s consent to the inpatient treatment. Rather, the term applies to admission sought by either a minor or the minor’s parent or guardian, as opposed to admission sought through state-ordered involuntary or emergency commitment procedures, such as those found under s. 51.15, 51.20, or 48.13, Stats.

In addition to an 1849 law, the Legislature has enacted various laws relating to abortion over the last several decades. Those laws remain “on the books,” require compliance by physicians, and may be enforced at the discretion of prosecutors, if the elements of the crime apply. This issue brief provides a snapshot of some of the commonly referenced abortion restrictions and procedural requirements.

This issue brief outlines the authority of the Governor and other state and local officials to address the control and suppression of communicable diseases.