250.04(10)
(10) The department may investigate and supervise the sanitary conditions of all charitable, curative, reformatory and penal institutions, all detention homes for children and the hospitals and institutions that are organized for the purposes set forth in
s. 58.01. The department may visit the jails, municipal prisons, houses of correction and all other places in which persons convicted or suspected of crime or mentally ill persons are confined and ascertain the sanitary conditions of those places.
250.04(11)
(11) The department shall investigate any hospital which is found by a panel established under s.
655.02, 1983 stats., or by a court to have been responsible for negligent acts.
250.04(12)
(12) The department is designated the state health planning and development agency.
250.04(13)
(13) The department shall provide information on the prevention, detection, diagnosis and treatment of blastomycosis in areas of this state with a high incidence of blastomycosis.
250.04 History
History: 1971 c. 100 s.
23;
1973 c. 90;
1975 c. 37,
39;
1975 c. 94 s.
91 (9);
1975 c. 292,
422;
1977 c. 29,
418;
1979 c. 221,
229,
334,
355;
1981 c. 20,
214,
257;
1983 a. 203;
1985 a. 340;
1987 a. 27 ss.
1786,
1787,
3200 (24);
1987 a. 399;
1989 a. 173,
264;
1991 a. 39,
178,
269;
1993 a. 16;
1993 a. 27 s.
170,
171,
173,
174,
176,
178,
179,
180,
183,
187,
250,
452 to
456;
1993 a. 209,
491;
1997 a. 27.
250.04 Annotation
Hospital breached duty to permit only competent doctors to use its facilities. Johnson v. Misericordia Community Hosp.
99 Wis. 2d 708,
301 N.W.2d 156 (1981).
250.04 Annotation
Neither 140.05 or regulations adopted under (3) are safety statutes which create an independent basis for a negligence action. Johnson v. City of Darlington,
160 Wis. 2d 418,
466 N.W.2d 233 (Ct. App. 1991).
250.041
250.041
Denial, nonrenewal and suspension of registration, license, certification, approval, permit and certificate based on certain delinquency in payment. 250.041(1)(1) Except as provided in
sub. (1m), the department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, as a condition of issuing or renewing any of the following:
250.041(1m)
(1m) If an individual who applies for or to renew a registration, license, certification, approval, permit or certificate under
sub. (1) does not have a social security number, the individual, as a condition of obtaining the registration, license, certification, approval, permit or certificate, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A registration, license, certification, approval, permit or certificate issued or renewed in reliance upon a false statement submitted under this subsection is invalid.
250.041(2)
(2) The department of health and family services may not disclose any information received under
sub. (1) to any person except to the department of workforce development for the purpose of making certifications required under
s. 49.857.
250.041(3)
(3) The department of health and family services shall deny an application for the issuance or renewal of a registration, license, certification, approval, permit or certificate specified in
sub. (1) or may, under a memorandum of understanding under
s. 49.857 (2), suspend or restrict a registration, license, certification, approval, permit or certificate specified in
sub. (1) if the department of workforce development certifies under
s. 49.857 that the applicant for or holder of the registration, license, certification, approval, permit or certificate is delinquent in the payment of court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under
s. 59.53 (5) and related to paternity or child support proceedings.
250.041 History
History: 1997 a. 191;
1999 a. 9.
250.045
250.045
Drugs; department order authority. 250.045(2)
(2) Except in cases of emergency, or if consent to entry for inspection purposes has been granted, the department may enter only upon obtaining a special inspection warrant under
s. 66.0119 and at reasonable hours, any premises in the state where drugs are manufactured, processed, packaged or held for sale or any vehicle being used to transport or hold drugs. The department may inspect the premises or vehicle, secure samples or specimens of drugs, examine and copy relevant documents and records and obtain photographic or other evidence needed to carry out its authority under this section. The department shall pay or offer to pay the market value of any samples of drugs taken. The department shall examine the samples and specimens secured and shall conduct other inspections and examinations needed to determine whether the drugs constitute an immediate danger to health or the operations or methods of operation on the premises cause the drugs to create an immediate danger to health.
250.045(3)(a)(a) Whenever the department has reasonable cause to believe that drugs constitute an immediate danger to health or that the operations or methods of operation on the premises or vehicle where the drugs are manufactured, processed, packaged or held cause the drugs to create an immediate danger to health, the administrator of the division of the department responsible for public health may issue and cause to be delivered to the owner or custodian of the drugs, premises or vehicle a temporary order which prohibits the sale or movement of the drugs for any purpose or prohibits the operations or methods of operation which create the immediate danger, or both. The temporary order may be effective for a period of no longer than 14 days from the time of its delivery, but it may be reissued for one additional 14-day period if necessary to complete the analysis or examination of samples, specimens or other evidence.
250.045(3)(b)
(b) No drugs described in a temporary order issued and delivered under
par. (a) may be sold or moved and no operation or method of operation prohibited by the temporary order may be resumed without the approval of the department until the order has terminated or the time period specified in
par. (a) has run out, whichever is earlier. If the department, upon completed analysis and examination, determines that the drugs, operations or methods of operation do not create an immediate danger to health, the owner or custodian of the drugs, premises or vehicle shall be promptly notified, in writing, and the temporary order shall terminate upon receipt of the written notice.
250.045(3)(c)
(c) Where the analysis or examination shows that the drugs, operations or methods of operation constitute an immediate danger to health, the owner or custodian shall be notified within the effective period of the temporary order under
par. (a). Upon receipt of the notice, no drugs described in the temporary order may be sold or moved and no operation or method of operation prohibited by the order may be resumed without the approval of the department pending the issuance of a final decision under
sub. (4).
250.045(4)
(4) A notice issued under
sub. (3) (c) shall be accompanied by notice of a hearing as provided in
s. 227.44. The hearing shall be held no later than 15 days after the service of the notice unless both parties agree, in writing, to a later date. A final decision shall be issued under
s. 227.47 within 10 days of the hearing. If a finding is made that the drugs, operations or methods of operation constitute a danger to health, the decision may order the destruction of the drugs, the diversion of the drugs to uses which do not pose a danger to health, modification of the drugs so that they do not create a danger to health or changes in or the cessation of operations or methods of operation to remove the danger to health.
250.045(5)(a)(a) Any person who violates this section or an order issued under this section may be fined not more than $10,000 plus the retail value of any drugs moved, sold or disposed of in violation of this section or an order issued under this section or imprisoned not more than one year in the county jail or both.
250.045(5)(b)
(b) Any person who does either of the following may be fined not more than $5,000 or imprisoned not more than one year in the county jail or both:
250.045(5)(b)1.
1. Assaults, restrains, threatens, intimidates, impedes, interferes with or otherwise obstructs a department inspector, employee or agent in the performance of his or her duties under this section.
250.045(5)(b)2.
2. Gives false information to a department inspector, employee or agent with the intent to mislead the inspector, employee or agent in the performance of his or her duties under this section.
250.045 History
History: 1983 a. 271;
1985 a. 146 s.
8;
1985 a. 182 s.
57;
1993 a. 27 s.
185; Stats. 1993 s. 250.045;
1999 a. 150 s.
672.
250.05
250.05
Sanitarians; qualifications, duties, registration. 250.05(1)(a)
(a) "Municipality" means a county, city or village.
250.05(1)(b)
(b) "Sanitarian" means an individual who, through education, training or experience in the natural sciences and their application and through technical knowledge of prevention and control of preventable diseases, is capable of applying environmental control measures so as to protect human health, safety and welfare.
250.05(2)
(2) Registration qualifications. In order to safeguard life, health and property, to promote public welfare and to establish the status of those persons whose duties in environmental sanitation call for knowledge of the natural sciences, the department may establish minimum standards and qualifications for the registration of sanitarians.
250.05(3)
(3) Sanitarians; employment or contractual services. Any agency of the state may employ or contract for the services of sanitarians, registered under this section, who shall enforce the public health statutes or rules.
250.05(5)
(5) Registration. Except as provided in
sub. (8m) and
s. 250.041, the department, upon application on forms prescribed by it and payment of the prescribed fee, shall register as a sanitarian any person who has presented evidence satisfactory to the department that standards and qualifications of the department, as established by rule, have been met.
250.05(6)
(6) Fees: renewal of registration; delinquency and reinstatement. A fee fixed by rule of the department shall accompany the application under
sub. (5) and, beginning January 1, 1988, a biennial fee of $25 shall be paid by every registered sanitarian who desires to continue registration. The amounts of the fees may be adjusted by the department by rule. All certificates of registration shall expire on December 31 in each odd-numbered year. Except as provided in
sub. (8m) and
s. 250.041, the department may renew registrations upon application made after January 1 of each even-numbered year if it is satisfied that the applicant has good cause for not making application in December of the immediately preceding year and upon payment of the biennial fee and any additional fees prescribed by the department.
250.05(7)
(7) Reciprocity. The department may by rule set standards for sanitarians registered in other states to practice as registered sanitarians in this state.
250.05(8)
(8) Revocation of registration. The department may, after a hearing held in conformance with
ch. 227, except as provided in
sub. (8m) (e), revoke or suspend under this section the registration of any sanitarian for practice of fraud or deceit in obtaining the registration or any gross professional negligence, incompetence or misconduct.
250.05(8m)
(8m) Registration denial, nonrenewal and revocation based on tax delinquency. 250.05(8m)(a)(a) Except as provided in
par. (am), the department shall require each applicant for registration under this section to provide the department with the applicant's social security number as a condition of issuing or renewing the registration.
250.05(8m)(am)
(am) If an individual who applies for or to renew a registration under
par. (a) does not have a social security number, the individual, as a condition of obtaining registration, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A registration issued or renewed in reliance upon a false statement submitted under this paragraph is invalid.
250.05(8m)(b)
(b) The department may not disclose any information received under
par. (a) to any person except to the department of revenue for the purpose of requesting certifications under
s. 73.0301.
250.05(8m)(c)
(c) Except as provided in
par. (am), the department shall deny an application for the issuance or renewal of registration under this section if the applicant does not provide the information specified in
par. (a).
250.05(8m)(d)
(d) The department shall deny an application for the issuance or renewal of registration under this section or shall revoke a registration issued under this section, if the department of revenue certifies under
s. 73.0301 that the applicant or holder of the registration is liable for delinquent taxes.
250.05(8m)(e)
(e) The only hearing rights available for a denial, revocation or nonrenewal of registration under this section based on tax delinquency are those set forth in
s. 73.0301 (5).
250.05(9)
(9) Penalty. No person not registered under this section may claim to be a registered sanitarian nor append to his or her name the initials "R.S.". Any person violating this subsection may be fined not more than $100 or imprisoned not more than 6 months.
250.06
250.06
Public health nurses. 250.06(1)
(1) The qualifications of all public health nurses shall be prescribed by rules promulgated by the department. All public health nurses shall be registered nurses. Licensed practical nurses licensed under
ch. 441 may be employed by local health departments under the supervision of a public health nurse to perform services for which licensed. Public health nurses shall work under the direction of the local board of health and the local health officer and shall conduct a generalized public health nursing program in cooperation with the department.
250.06(3)
(3) The department shall examine the practice of public health nurses and make recommendations for the improvement and the development of public health nursing.
250.06(6)
(6) This section shall not apply to school nurses, as defined in
s. 115.001 (11), while acting in the employ of a public school.
250.07
250.07
Public health planning. The department shall:
250.07(1)
(1) At least once every 10 years, develop a successor document to healthier people in Wisconsin, a public health agenda for the year 2000, published by the department in February 1990.
250.07(2)
(2) Initiate, conduct and periodically evaluate a process for planning to use the resources of the state to meet the health needs of residents and, in conjunction with other state agencies, to implement the objectives that relate to state government in statutes or in public health rules promulgated by the department. The process shall involve representatives from public health organizations, governmental agencies and the general public.
250.07(3)
(3) Provide technical assistance to local units of government for the development of local public health plans.
250.07(4)
(4) Serve as the state lead agency in coordinating the activities within state government involving the collection, retrieval, analysis, reporting and publication of statistical information and other information related to health and health care.
250.07 History
History: 1993 a. 27.
250.10
250.10
Grant for dental services. From the appropriation under
s. 20.435 (5) (de), the department shall provide funding in each fiscal year to the Marquette University School of Dentistry for clinical education of Marquette University School of Dentistry students through the provision of dental services by the students and faculty of the Marquette University School of Dentistry in underserved areas and to underserved populations in the state, as determined by the department in conjunction with the Marquette University School of Dentistry; to inmates of correctional centers in Milwaukee County; and in clinics in the city of Milwaukee. Beginning July 1, 2000, the department shall also distribute to qualified applicants grants totaling $25,000 for fluoride supplements, $25,000 for a fluoride mouth-rinse program and $60,000 for a school-based dental sealant program.
250.15
250.15
Grants for community health centers. 250.15(1)
(1)
Definition. In this section, "community health center" means a health care entity that provides primary health care, health education and social services to low-income individuals.
250.15(2)(a)(a) From the appropriation under
s. 20.435 (5) (fh), the department shall award $50,000 in each fiscal year as a grant to a community health center in a 1st class city and shall award $100,000 as a grant to a nurse-managed community health center in a first class city.
250.15(2)(b)
(b) From the appropriation under
s. 20.435 (5) (fh), the department shall award grants in each fiscal year to community health centers that receive federal grants under
42 USC 254b (e), (g) or (h). Each grant shall equal the amount that results from multiplying the total amount available for grants under this paragraph in the fiscal year in which the grants are to be awarded by the quotient obtained by dividing the amount that the community health center received under
42 USC 254b (e), (g) or (h) in the most recently concluded federal fiscal year in which those grants were made by the total amount of federal grants under
42 USC 254b (e), (g) and (h) made in that federal fiscal year to community health centers in this state.
250.15(2)(c)
(c) From the appropriation under
s. 20.435 (5) (fh), the department shall award $25,000 in each fiscal year as a grant to HealthNet of Janesville, Inc.
250.15 History
History: 1999 a. 9.
