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. 323.10
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. 323.13 (1) (b)
. 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.
As the public health authority, the department may do any of the following:
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.
As the public health authority, the department shall inform state residents of all of the following:
When a state of emergency related to public health has been declared or is terminated.
How to protect themselves from a public health emergency.
What actions the public health authority is taking to control a public health emergency.
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.
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.
Drugs; department order authority. 250.045(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.
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.
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.
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)
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.
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.
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:
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.
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.
History: 1983 a. 271
; 1985 a. 146
; 1985 a. 182
; 1993 a. 27
; Stats. 1993 s. 250.045; 1999 a. 150
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.
Notwithstanding sub. (1)
, any relevant education, training, instruction, or other experience that an applicant obtained in connection with military service, as defined in s. 111.32 (12g)
, counts toward satisfying the requirements for education, training, instruction, or other experience to qualify as a public health nurse if the applicant demonstrates to the satisfaction of the department that the education, training, instruction, or other experience that the applicant obtained in connection with his or her military service is substantially equivalent to the education, training, instruction, or other experience that is required to qualify as a public health nurse.
The department shall examine the practice of public health nurses and make recommendations for the improvement and the development of public health nursing.
This section shall not apply to school nurses, as defined in s. 115.001 (11)
, while acting in the employ of a public school.
See also ch. DHS 139
, Wis. adm. code.
Public health planning. 250.07(1)(a)
By January 1, 2010, and at least every 10 years thereafter, develop a public health agenda.
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.
Provide technical assistance to local units of government for the development of local public health plans.
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.
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.
NOTE: 2003 Wis. Act 186
, which affected this section, contains extensive explanatory notes.
Dental services. 250.10(1m)(1m)
The department shall do all of the following:
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.
Award in each fiscal year to qualified applicants grants totaling no less than $50,000 for fluoride varnish and other evidence-based oral health activities, $700,000 for school-based preventive dental services, and $100,000 for school-based restorative dental services.
The department may provide funding to technical college district boards to provide oral health services.
Grants for community health centers. 250.15(1)(a)
“Community health center" means a health care entity that provides primary health care, health education and social services to low-income individuals.
“Free and charitable clinics” means health care organizations that use a volunteer and staff model to provide health services to uninsured, underinsured, underserved, economically and socially disadvantaged, and vulnerable populations and that meet all of the following criteria:
The organizations are nonprofit and tax exempt under section 501
(c) (3) of the Internal Revenue Code or are a part of a larger nonprofit, tax-exempt organization.
The organizations are located in this state or serve residents in this state.
The organizations restrict eligibility to receive services to individuals who are uninsured, underinsured, or have limited or no access to primary, specialty, or prescription care.
The organizations provide one or more of the following services:
The organizations use volunteer health care professionals, nonclinical volunteers, and partnerships with other health care providers to provide the services under subd. 4.
The organizations are not federally qualified health centers as defined in 42 USC 1396d
(l) (2) and do not receive reimbursement from the federal centers for medicare and medicaid services under a federally qualified health center payment methodology.
From the appropriation account under s. 20.435 (1) (fh)
, the department shall, in each fiscal year, award all of the following as grants:
To a community health center in a 1st class city, $50,000.
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.
To free and charitable clinics, $1,500,000.
Health disparities reduction or elimination. 250.20(1)(a)
“African American" means a person whose ancestors originated in any of the black racial groups of Africa.
“American Indian" means a person who is enrolled as a member of a federally recognized American Indian tribe or band or who possesses documentation of at least one-fourth American Indian ancestry or documentation of tribal recognition as an American Indian.
“Asian" means a person whose ancestors originated in Asia south and southeast of the Himalayas and west of Wallace's Line in the Malay Archipelago.
“Economically disadvantaged" means having an income that is at or below 125 percent of the poverty line.
“Hispanic" means a person of any race whose ancestors originated in Mexico, Puerto Rico, Cuba, Central America or South America or whose culture or origin is Spanish.
“Inter-tribal organization" means an organization or association of tribes or tribal agencies.
“Minority group member" means any of the following:
“Nonprofit corporation" means a nonstock corporation organized under ch. 181
that is a nonprofit corporation, as defined in s. 181.0103 (17)
“Other agencies and organizations" means agencies of local, state and federal governments and private organizations that are not inter-tribal organizations or tribal agencies.
“Poverty line" means the nonfarm federal poverty line for the continental United States, as defined in 42 USC 9902
“Tribal agency" means an agency created by a tribe.
“Tribe" means a federally recognized American Indian tribe or band in this state.