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Bill

SB 106

Relating to: psychiatric residential treatment facilities, providing an exemption from emergency rule procedures, and granting rule-making authority.

2025-2026 Regular Session

Wisconsin law now allows the Department of Health Services to bypass standard public notice procedures when making emergency rules for psychiatric residential treatment facilities.

Published 7-3-2025
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Bill Summary · SB 106

Legislative bill overview

SB 106 grants the Wisconsin Department of Health Services emergency rule-making authority to regulate psychiatric residential treatment facilities (PRTFs) without following standard administrative procedures. The bill expedites the development and implementation of regulations governing these mental health facilities by exempting new rules from the typical notice-and-comment period required under Wisconsin's administrative code.

Why is this important

Psychiatric residential treatment facilities serve vulnerable populations, including children and adults with serious mental health conditions who require residential care. Expedited rule-making allows the state to quickly establish or update safety standards, licensing requirements, and operational guidelines—though this also means less public input opportunity during the regulatory process.

Potential points of contention

  • Reduced public participation: Emergency rule procedures bypass the standard notice-and-comment period, limiting input from providers, advocacy groups, families, and other stakeholders who might be affected by new regulations
  • Accountability concerns: Expedited rules may lack the deliberative review that standard procedures provide, potentially resulting in poorly crafted or unintended consequences
  • Scope uncertainty: The bill grants broad rule-making authority without specifying which regulations qualify as "emergency," leaving interpretation to the Department of Health Services

Compiled from official sources — confirm details with the bill’s official record.

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