Wisconsin Legislature: Restaurants

Food preparation

Heating hot dogs is not food preparation. Use of dry ice is not wet storage. (Unpub.). 70-1978

Funeral directors and embalmers

Although sec. 156.03(2)(a), Stats., authorizes the state health officer and the examining council by joint action to make rules governing the business practices of funeral directors and embalmers; such rules, unless specifically exempted therefrom, should be enacted pursuant to the provisions of ch. 227, Stats., or otherwise, they could be subjected to a declaratory judgment proceeding and probably would be declared null and void. 63-154

Good Samaritans"

Interpretation of new law rendering "good Samaritans" immune from civil liability for good faith acts or omissions in giving emergency care at the scene of an emergency or accident. Statute excludes from protection health care practitioners who make their living or who specifically are paid for providing emergency care at the scene of an emergency or accident. 67-218

Groundwater pollution

To accomplish public health protection as well as prevention of groundwater pollution, a county health commission, where such activity is undertaken with the consent of the property owner, can authorize its staff to enter private property for the purpose of determining the location of an existing private sewage disposal system. If consent of the property owner to such activity on his premises is not obtained, it can only be undertaken by county health commission staff pursuant to a special inspection warrant obtained under sec. 66.122, Stats. 63-337

Health and Social Services, Department of

The provisions of secs. 146.37 and 146.38, Stats., do not apply to the health care review functions and practices of state agencies, particularly the Department of Health & Social Services. (Unpub.). 50-1979

Immunization records

Substantive principles of professional medical conduct are not breached by a doctor's disclosing to public health authorities information about the immunization status of his patients, as reflected in his records, without specific permission of the patients. 65-4

Liability, reimbursement and collection

Liability, reimbursement and collection for services provided under secs. 51.42 and 51.437, Stats., programs discussed. 63-560

65-49

Physical therapists

Discussion of circumstances under which a physical therapist may practice without a referral pursuant to section 448.04(1)(e), Stats. 75-217

Restaurants

Discussion of coverage of licensing requirements for restaurants under sec. 50.50(3), Stats., in light of amendments to sec. 97.28, Stats., regarding the licensing of delicatessen operations. (Unpub.). 85-1977

Schools and school districts

A school district may contract with a vocational, technical and adult educational district pursuant to sec. 66.30, Stats., for a health occupations course to be taught in the public high school, subject to the teacher's licensing by the Department of Public Instruction. 68-148

PUBLIC INLAND LAKE PROTECTION AND REHABILITATION

Property owners

Individuals who lease but do not own real property may not participate in the formation and operation of a public inland lake protection and rehabilitation district under ch. 33, Stats. (Unpub.). 65-1982

PUBLIC INSTRUCTION, SUPERINTENDENT OF

See also EDUCATION

Church schools

Article I, sec. 18, Wis. Const., prohibits the use of funds received under Title I of the Elementary and Secondary Education Act, as amended, to pay salaries of persons teaching in church affiliated private schools. 64-136

In the administration of Title IV, Elementary and Secondary Education Act, as amended, funds may not be spent to provide educational services on the premises of church affiliated private schools but such funds may be spent to provide services through "dual enrollment" or "shared time" programs; nor may school districts be required to equalize, on a per enrolling basis, expenditures as between private and public school students; nor may the Department of Public Instruction administer Title IV programs if local school districts refuse or are legally unable to do so. 64-139

Dual enrollment"

In the administration of Title IV, Elementary and Secondary Education Act, as amended, funds may not be spent to provide educational services on the premises of church affiliated private schools but such funds may be spent to provide services through "dual enrollment" or "shared time" programs; nor may school districts be required to equalize, on a per enrolling basis, expenditures as between private and public school students; nor may the Department of Public Instruction administer Title IV programs if local school districts refuse or are legally unable to do so. 64-139

School Lunch Program

Department of Public Instruction may, if so authorized under sec. 16.54, Stats., implement the School Lunch Program and Special Food Service Plan for Children in secular and sectarian private schools and child-care institutions without violating the United States or Wisconsin Constitutions. 63-473

Segregation

Superintendent does not have authority to determine whether public schools are segregated or the authority to take enforceable action to desegregate public schools. 65-282

State aid

Section 121.17(1)(a), Stats., vests discretion in the State Superintendent to withhold state aid from a school district operating under ch. 119, Stats., if the "scope and character of the work" in such district are not maintained because of failure to comply with the 180-day requirement of sec. 121.02(1)(h), Stats. Section 121.17(3), Stats., requires the withholding of state aid from such a school district only if, in the absence of extenuating circumstances set forth in that statutory provision, it fails to employ and pay qualified teachers during the full school session established by the board of school directors. 66-155

PUBLIC LANDS