SB 646 — Relating to: reports on the competency of involuntarily committed individuals to refuse medication or treatment based upon an examination by an advanced practice registered nurse.

- 2026 LEGISLATURE LRBa0821/1LRB-4786/1 KMS:klmKMS:wlj SENATE AMENDMENTBILL 1,646 TONovember SENATE14, BILL2025 646- JanuaryIntroduced 15,by 2026Senator -C OfferedABRAL -GUEVARA , cosponsored by SenatABRAL-GUEVARARepresentatives D ITTRICH, LLEN , BEHNKE , KNODL and M ELOTIK .

AtReferred theto locationsCommittee indicated,on amendMental theHealth, billSubstance asAbuse follows:Prevention, Children and Families.

1.A N A CT to amend 51.61 (1) (g) 3.

Pageof 1,the linestatutes; 3:

deleterelating “anto: advanced” and substitute “a psychiatric advanced”.

2.reports on the competency of involuntarily committed individuals to refuse medication or treatment based upon an examination by an advanced practice registered nurse.

PageAnalysis 2,by linethe 17: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.

deleteA thecourt materialmakes beginningthis withdetermination “whoat through education or” and ending with “psychiatric care” on line 18 and substitute “who has completed 3,000 hours of supervised clinical experience and holds a master’shearing degreeif inan psychiatricinterested mentalperson healthfiles nursing from a graduatemotion. school of nursing accredited by the National League for Nursing”.

3.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.

PageUnder 3,the linebill, 5: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.

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(ENDS )ECTION 1.

51.61 (1) (g) 3.

of the statutes is amended to read:

51.61 (1) (g) 3.

Following a final commitment order, other than for a subject individual who is determined to meet the commitment standard under s.

51.20 (1) (a) 2.

e., have the right to exercise informed consent with regard to all medication and treatment unless the committing court or the court in the county in which the individual is located, within 10 days after the filing of the motion of any interested person and with notice of the motion to the individual’s counsel, if any, the individual and the applicable counsel under s.

51.20 (4), makes a determination, following a hearing, that the individual is not competent to refuse medication or treatment or unless a situation exists in which the medication or treatment is necessary to prevent serious physical harm to the individual or others.

A report, if any, on which the motion is based shall accompany the motion and notice of motion and shall include a statement signed by a licensed physician that asserts that the subject individual needs medication or treatment and that the individual is not competent to refuse medication or treatment, based on an examination of the individual by a licensed physician or by an advanced practice registered nurse who may issue prescription orders under s.

441.09 (2) and who through education or experience has expertise in psychiatric care.

The hearing under this subdivision shall meet the requirements of s.

51.20 (5), except for the right to a jury trial.

At the request of the subject individual, the individual’s counsel or applicable counsel under s.

51.20 (4), the hearing may be postponed, but in no case may the postponed hearing be held more than 20 days after a motion is filed.

- 2026 Legislature - 3 - LRB-4786/1 KMS:wlj SENATE BILL 646 SECTION 2 S ECTION 2.

Nonstatutory provisions.

(1) For the period beginning on the effective date of this subsection and ending on September 1, 2026, a report under s.

51.61 (1) (g) 3.

may be based on an examination of the individual by a licensed physician or an advanced practice registered nurse who through education or experience has expertise in psychiatric care.

For purposes of this subsection, “advanced practice registered nurse” has the meaning given in s.

154.01 (1g).

S ECTION 3.

Effective dates.

This act takes effect on the day after publication, except as follows:

(1) The treatment of s.

51.61 (1) (g) 3.

takes effect on September 1, 2026.

(END)