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 aide under
s. 146.40 (2) (a),
(c),
(e),
(em), 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)3m.
3m. "Mass clinic" means a designated space that is arranged by a local health department or by the department and operated during a defined period of time to provide vaccination, prophylaxis, medication, or other specialized treatment to a population in response to a public health emergency.
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 rules promulgated by the department of public instruction.
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 described under
s. HFS 75.02 (11) and
(84), Wis. Adm. Code, in effect on January 20, 2006, or has been certified as a substance abuse counselor, clinical supervisor, or prevention specialist under
s. 440.88.
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 aide, has met requirements under
s. 146.40, 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 or mass clinic 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. The health care facility on whose behalf the services are provided is, for the provision of the services, a state agent of the department for purposes of
ss. 165.25 (6),
893.82, and
895.46.
250.042 Note
NOTE: Par. (b) is shown as affected by 2 acts of the 2007 Wisconsin legislature and as merged by the legislative reference bureau under s. 13.92 (2) (i).
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 rules promulgated by the department of public instruction.
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. 440.88 (6).
250.042 History
History: 2001 a. 109;
2003 a. 186;
2005 a. 96;
2007 a. 79,
99,
153; s. 13.92 (2) (i).
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.
DHS 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.
250.07(1)(d)
(d) 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(1m)
(1m) The public health council shall monitor implementation of any document developed by the department under
sub. (1) (a) and shall advise the governor, the legislature, the department, and the public on progress in implementing the document and coordination of responses to public health emergencies.
250.07 Note
NOTE: 2003 Wis. Act 186, which affected this section, contains extensive explanatory notes.
250.10(1)
(1) 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.
250.10(2)
(2) The department shall distribute in each fiscal year to qualified applicants grants totaling $25,000 for fluoride supplements, $25,000 for a fluoride mouth-rinse program, and $120,000 for a school-based dental sealant program.
250.10(3)
(3) The department may provide funding to technical college district boards to provide oral health services.
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.
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 $50,000 in each fiscal year as a grant to HealthNet of Janesville, Inc.
250.15 History
History: 1999 a. 9;
2007 a. 20,
88.
250.16
250.16
Payments to the Wisconsin Women's Health Foundation. 250.16(1)(1) The department shall enter into an agreement with the Wisconsin Women's Health Foundation, Inc., to make payments from the appropriation under
s. 20.435 (5) (fi) to the Wisconsin Women's Health Foundation, Inc., to be used by the Wisconsin Women's Health Foundation, Inc., to fund its efforts to provide women's health outreach and education programs and support for women's health research that improves the quality of life for women and families in this state.
250.16(2)
(2) The agreement under this section shall require that the Wisconsin Women's Health Foundation, Inc., provide, without fee and as a condition of receiving payments specified under this section, any license or other approval required for use of any logo, trademark, trade name, word, or symbol to be used on or in association with special group registration plates under
s. 341.14 (6r) (f) 57.
250.16(3)
(3) The agreement under this section shall require that the Wisconsin Women's Health Foundation, Inc., annually submit to the attorney general and the presiding officer of each house of the legislature an audited financial statement of its use of the payments under this section, prepared in accordance with generally accepted accounting principles.
250.16(4)
(4) Payments to the Wisconsin Women's Health Foundation, Inc., under this section shall be discontinued by the department if the Wisconsin Women's Health Foundation, Inc., dissolves or is no longer exempt from taxation under section
501 (a) of the Internal Revenue Code.
250.16 History
History: 2005 a. 199.
250.17
250.17
Organ and tissue donation. 250.17(1)
(1) The department shall enter into an agreement with Donate Life Wisconsin to make payments from the appropriation under
s. 20.435 (5) (g) to Donate Life Wisconsin, to be used to fund its efforts to encourage organ and tissue donation by providing educational programs, promoting or advancing research and patient services, and, at its discretion, distributing portions of these payments to any other organ and tissue procurement and donation organization in this state that is exempt from taxation under section
501 (a) of the Internal Revenue Code, to be used for these same purposes.
250.17(2)
(2) The agreement under this section shall require that Donate Life Wisconsin provide, without fee and as a condition of receiving payments specified under this section, any license or other approval required for use of any logo, trademark, trade name, word, or symbol to be used on or in association with special group registration plates under
s. 341.14 (6r) (f) 58.
250.17(3)
(3) The agreement under this section shall require that Donate Life Wisconsin annually submit to the attorney general and the presiding officer of each house of the legislature an audited financial statement of its use of the payments under this section, prepared in accordance with generally accepted accounting principles. The agreement under this section shall also require that Donate Life Wisconsin enter into a contract with any organ and tissue donor organization to which it distributes funds under
sub. (1) requiring that organization to prepare and submit audited financial statements of that organization's use of funds received under
sub. (1).
250.17(4)
(4) The department shall discontinue payments to Donate Life Wisconsin under this section if Donate Life Wisconsin dissolves or is no longer exempt from taxation under section
501 (a) of the Internal Revenue Code and the department shall designate a new recipient for payments under this section. The new recipient must be a nonprofit organization that promotes organ and tissue donation and must comply with any requirement specified in this section for Donate Life Wisconsin. Notwithstanding any other provision of this section, the department shall not make any payments under this section until Donate Life Wisconsin is properly formed and operational and is exempt from taxation under section
501 (a) of the Internal Revenue Code.
250.17 History
History: 2007 a. 107.
250.20
250.20
Health disparities reduction or elimination.
