AB 646 — Relating to: registration of recovery residences and disciplinary action against a state employee who is receiving medication-assisted treatment. (FE)

- 2020 LEGISLATURE LRBa0844/1LRB-3806/1 TJD:amnTJD&MIM:cdc ASSEMBLY AMENDMENTBILL 1,646 TODecember ASSEMBLY5, BILL2019 646- JanuaryIntroduced 10,by 2020Representatives -N OfferedYGREN , PLUMER , ALLEN, N OVAK, SNYDER, PETERSEN, KITCHENS, FELZKOWSKI, EDMING , ULP, MAGNAFICI, R OHRKASTE , TUSLER , P ETRYK, D ITTRICH, T RANEL, T HIESFELDT, J AGLER, Z IMMERMAN , PIROS, MURSAU , RAMTHUN , BORN and B ILLING, cosponsored by RepresentatiYGREN.Senators D ARLING, OLSEN, WANGGAARD and M ARKLEIN.

AtReferred theto locationsCommittee indicated,on amendSubstance theAbuse billand asPrevention. follows:

A N A CT to amend 230.34 (1) (a) 3.

and 230.34 (1) (a) 4.;

and to create 46.234 of the statutes;

relating to:

registration of recovery residences and disciplinary action against a state employee who is receiving medication-assisted treatment.

Analysis by the Legislative Reference Bureau This bill creates a registry for recovery residences and specifies circumstances under which a state employee may not be disciplined for using controlled substances as part of medication-assisted treatment.

Recovery residences This bill requires the Department of Health Services to establish and maintain a registry of approved recovery residences.

DHS must approve a recovery residence for registration if the recovery residence is either certified by a nationally recognized recovery residence certification organization that is approved by DHS or a chapter of a national recovery residence organization that is approved by DHS, and the certification organization or national organization has requirements for recovery residences as described in the bill.

DHS may not include a recovery residence in the registry if the recovery residence excludes any resident solely on the basis that the resident participates in medication-assisted treatment.

DHS must revoke the registration of a recovery residence if it ceases to be certified by or have chapter status from whichever organization had approved it.

A recovery residence is not required to register unless the recovery residence seeks referrals or funds from the - 2020 Legislature - 2 - LRB-3806/1 TJD&MIM:cdc ASSEMBLY BILL 646 state or federal funds passing through the state treasury.

Upon request for referrals to recovery residences, DHS must provide a list of registered recovery residences but may limit the list of registered recovery residences it provides based on the geographical and other preferences specified by the person requesting referrals.

The bill prohibits a recovery residence from using the designation of or holding itself out as “registered” or “state approved” unless the recovery residence is included in the registry under this bill.

State employee discipline This bill provides that a state employee is not subject to discipline without prior progressive discipline if the person is under the influence of a controlled substance or a controlled substance analog while on duty if the employee is using the controlled substance or controlled substance analog as dispensed, prescribed, or recommended as part of medication-assisted treatment.

The bill also provides that a state employee is not subject to discipline without prior progressive discipline for possession of a controlled substance or a controlled substance analog without a prescription while on duty if the employee is using the controlled substance or controlled substance analog as dispensed, prescribed, or recommended as part of medication-assisted treatment.

Under current law, a state employee may be removed, suspended without pay, discharged, demoted, or receive a reduction in pay without receiving prior progressive discipline for being under the influence of or in possession of a controlled substance or controlled substance analog while on duty.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

S ECTION 1.

46.234 of the statutes is created to read:

46.234 Recovery residences;

registration.

(1) D EFINITION.

In this section, “recovery residence” means a home-like, residential environment that promotes healthy recovery from a substance use disorder and supports persons recovering from a substance use disorder through the use of peer recovery support.

(2) R EGISTRATION.

The department shall establish and maintain a registry of approved recovery residences.

Subject to sub.

(3), the department shall approve a LRB-3806/1 - 2020 Legislature - 3 - TJD&MIM:cdc S ECTION 1 ASSEMBLY BILL 646 recovery residence for inclusion in the registry if the recovery residence requests registration from the department and meets all of the following:

(a) The recovery residence is certified by a nationally recognized recovery residence certification organization that is approved by the department or is a chapter of a national recovery residence organization that is approved by the department.

(b) The certification organization or national organization under par.

(a) requires the recovery residence to do all of the following to obtain or maintain certification or chapter status:

PageOperate 3,with lineintegrity, 2:uphold residents' rights, create a culture of empowerment where residents engage in governance and leadership, and develop abilities to apply the social model form of recovery that focuses on learning from the experiences of peers who are also in recovery.

delete “meets" and substitute “agrees to do or does".

PageProvide 3,a linehome-like, 3:safe, and healthy environment.

delete lines 3 to 9.

PageFacilitate 3,active linerecovery 10:and recovery community engagement, model positive social behaviors and relationship enhancement skills, and cultivate residents' senses of belonging and responsibility toward community.

delete “1." and substitute “(a)".

PageMaintain 3,an lineenvironment 14:in the residence free from alcohol and illicit drugs.