250.04(4)(a)(a) The department shall administer programs for the control and prevention of public health problems.
250.04(4)(b)
(b) The department shall be responsible for follow-up investigations of unusual occurrences of acute, communicable and chronic diseases, occupational and environmental hazards, unusual injuries and unusual changes in maternal and child health.
250.04(5)
(5) Where the use of any pesticide results in a threat to the public health, the department shall take all measures necessary to prevent morbidity or mortality.
250.04(6)
(6) The department shall provide consultation, technical assistance and training regarding public health to local health departments, community organizations and others.
250.04(7)
(7) The department may promulgate and enforce rules and issue and enforce orders governing the duties of all local health officers and local boards of health and relating to any subject matter under the department's supervision that are necessary to provide efficient administration and to protect health. Whoever violates a rule or order specified under this subsection shall be fined not less than $10 nor more than $100 for each offense, unless a different penalty is provided.
250.04 Cross-reference
Cross Reference: See also ch.
HFS 139, Wis. adm. code.
250.04(8)
(8) The department may administer oaths, certify to official acts, issue subpoenas and compel the attendance of witnesses and the production of papers, books, documents and testimony. Witness fees and mileage shall be paid from the appropriation under
s. 20.435 (1) (a), but no witness subpoenaed at the instance of parties other than the department is entitled to payment of fees or mileage, unless the department certifies that his or her testimony was material.
250.04(9)
(9) The department may establish, equip and operate a state branch laboratory of hygiene in a city accessible to physicians and local health officers in the northern part of the state to conduct bacteriological and chemical examinations of material from the various contagious and infectious diseases or material from suspected contagious and infectious diseases of persons and animals when public health is concerned, if suitable quarters for the laboratory are offered to the state free of charge for rent, light, heat and janitor service. The department may also establish and aid in maintaining in conjunction with the cities of the state not more than 7 state cooperative laboratories. All of the cooperative laboratories shall be operated in the manner and under the conditions that the department establishes in rules that the department may promulgate.
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 Cross-reference
Cross Reference: See also ch.
HFS 190, Wis. adm. code.
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(12m)
(12m) In public health planning, the department shall collaborate with local health departments on an ongoing basis and shall consult with private sector entities, as defined in
s. 229.41 (9), and with public sector entities, as defined in
s. 229.41 (10).
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;
2005 a. 198.
250.04 Cross-reference
Cross Reference: See also
HFS, Wis. adm. code.
250.04 Annotation
Neither s. 140.05 [now 250.04] or regulations adopted under sub. (3) [now sub. (7)] are safety statutes that 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;
2005 a. 25.
250.042
250.042
Powers and duties of the department as public health authority. 250.042(1)
(1) If the governor declares a state of emergency related to public health under
s. 166.03 (1) (b) 1. and designates the department as the lead state agency to respond to that emergency, the department shall act as the public health authority during the period of the state of emergency. The department shall ensure that the emergency operations during the state of emergency are conducted using the incident command system required under
s. 166.03 (2) (a) 1. During the period of the state of emergency, the secretary may designate a local health department as an agent of the department and confer upon the local health department, acting under that agency, the powers and duties of the public health authority.
250.042(2)
(2) As the public health authority, the department may do any of the following:
250.042(2)(a)
(a) Purchase, store, or distribute antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies that the department determines are advisable to control a public health emergency.
250.042(3)(a)(a) As the public health authority, the department shall inform state residents of all of the following:
250.042(3)(a)1.
1. When a state of emergency related to public health has been declared or is terminated.
250.042(3)(a)2.
2. How to protect themselves from a public health emergency.
250.042(3)(a)3.
3. What actions the public health authority is taking to control a public health emergency.
250.042(3)(b)
(b) The public health authority shall provide the information specified in
par. (a) by all available and reasonable means calculated to inform the general public, including reasonable efforts to make the information accessible to individuals with disabilities and to provide the information in the primary languages of individuals who do not understand English.
250.042(3)(c)
(c) As the public health authority, the department, to the extent possible, shall consult with local health departments, whether or not designated as agents of the department, and with individual health care providers.
250.042(4)(a)1.
1. "Behavioral health provider" means an individual who, at any time within 10 years before a state of emergency is declared under
s. 166.03 (1) (b) 1. or
166.23, has, under
chapter 455, been licensed as a psychologist or has, under
ch. 457, been certified as a social worker or licensed as a clinical social worker, a marriage and family therapist, or a professional counselor.
250.042(4)(a)3.
3. "Health care provider" means an individual who, at any time within 10 years before a state of emergency is declared under
s. 166.03 (1) (b) 1. or
166.23, has met requirements for a nurse's assistant under
s. 146.40 (2) (a),
(b),
(bm),
(c),
(e),
(em),
(f), or
(g), has been licensed as a physician, a physician assistant, or a podiatrist under
ch. 448, licensed as a registered nurse, licensed practical nurse, or nurse-midwife under
ch. 441, licensed as a dentist under
ch. 447, licensed as a pharmacist under
ch. 450, licensed as a veterinarian under
ch. 453, or has been certified as a respiratory care practitioner under
ch. 448.
250.042(4)(a)4.
4. "Pupil services provider" means an individual who, at any time within 10 years before a state of emergency is declared under
s. 166.03 (1) (b) 1. or
166.23, has been licensed as a school counselor, school psychologist, or school social worker under
ch. PI 3,
2004 Wis. Adm. Code, or
s. PI 34.31, Wis. Adm. Code.
250.042(4)(a)5.
5. "Substance abuse prevention provider" means an individual who, at any time within 10 years before a state of emergency is declared under
s. 166.03 (1) (b) 1. or
166.23, has been certified as a counselor, supervisor, or specialist under
s. HFS 75.02 (11) and
(84), 2005 Wis. Adm. Code, or has been certified as a substance abuse counselor, clinical supervisor, or prevention specialist under s.
440.75 [
s. 440.88].
250.042 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
250.042(4)(b)
(b) A behavioral health provider, health care provider, pupil services provider, or substance abuse prevention provider who, during a state of emergency declared under
s. 166.03 (1) (b) 1. or
166.23, provides behavioral health services, health care services, pupil services, or substance abuse prevention services for which the behavioral health provider, health care provider, pupil services provider, or substance abuse prevention provider has been licensed or certified or, as a nurse's assistant, has met requirements, is, for the provision of these services a state agent of the department for purposes of
ss. 165.25 (6),
893.82, and
895.46 and is an employee of the state for purposes of worker's compensation benefits. The behavioral health services, health care services, pupil services, or substance abuse prevention services shall be provided on behalf of a health care facility on a voluntary, unpaid basis, except that the behavioral health provider, health care provider, pupil services provider, or substance abuse prevention provider may accept reimbursement for travel, lodging, and meals.
250.042(4)(c)3.
3. A registered nurse, licensed practical nurse, or nurse-midwife whose license has been revoked, limited, suspended, or denied renewal under
s. 441.07 (1).
250.042(4)(c)8.
8. A social worker, advanced practice social worker, or independent social worker whose certificate has been revoked, limited, suspended, or denied renewal under
s. 457.26, or a clinical social worker, marriage and family therapist, or professional counselor whose license has been revoked, limited, suspended, or denied renewal under
s. 457.26.
250.042(4)(c)9.
9. A psychologist whose license has been revoked, limited, suspended, or denied renewal under
s. 455.09.
250.042(4)(c)10.
10. A school counselor, school psychologist, or school social worker whose license has been denied or revoked under
ch. PI 3,
2004 Wis. Adm. Code, or
s. PI 34.35, Wis. Adm. Code.
250.042(4)(c)11.
11. A counselor, supervisor, or specialist whose certification has been denied or revoked by the Wisconsin Certification Board, Inc., or a substance abuse counselor, clinical supervisor, or prevention specialist whose certification has been revoked, limited, suspended, or denied under s.
440.75 (6) [
s. 440.88 (6)].
250.042 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
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.
250.06
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.
250.06 Cross-reference
Cross Reference: See also ch.
HFS 139, Wis. adm. code.
250.07
250.07
Public health planning. 250.07(1)(a)
(a) By January 1, 2010, and at least every 10 years thereafter, develop a public health agenda.
250.07(1)(b)
(b) 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(1)(c)
(c) Provide technical assistance to local units of government for the development of local public health plans.
