Wis. Stat. § 250.042
Powers and duties of the department as public health authority
Redline — January 1, 2005 → current.View current text →
Current — January 1, 2009
As of January 1, 2005
(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.
(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.
(2) As the public health authority, the department may do any of the following:
(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.
(b) Act as specified in s. 252.041 .
(2) As the public health authority, the department may do any of the following:
(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.
(b) Act as specified in s. 252.041 .
(3)
(a) As the public health authority, the department shall inform state residents of all of the following:
1. When a state of emergency related to public health has been declared or is terminated.
2. How to protect themselves from a public health emergency.
3. What actions the public health authority is taking to control a public health emergency.
(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.
(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.
(3)
(a) As the public health authority, the department shall inform state residents of all of the following:
1. When a state of emergency related to public health has been declared or is terminated.
2. How to protect themselves from a public health emergency.
3. What actions the public health authority is taking to control a public health emergency.
(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.
(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.
(4)
(a) In this subsection:
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.
2. "Health care facility" has the meaning given in s. 150.84 (2) .
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 .
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.
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 ].
(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.
(c) Paragraph (b) does not apply to any of the following:
1. A physician or physician assistant whose license has been limited, suspended, or revoked under s. 448.02 (3) (c) .
2. A respiratory care practitioner whose certificate has been limited, suspended, or revoked under s. 448.02 (3) (c) .
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) .
4. A pharmacist whose license has been revoked, limited, suspended, or denied renewal under s. 450.10 (1) (b) .
5. A podiatrist whose license has been limited, suspended, or revoked under s. 448.675 (1) or suspended under s. 448.675 (2) .
6. A dentist whose license has been limited, suspended, or revoked under s. 447.07 .
7. A veterinarian whose license has been limited, suspended, or revoked under s. 453.07 .
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 .
9. A psychologist whose license has been revoked, limited, suspended, or denied renewal under s. 455.09 .
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.
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) ].
12. A nurse's assistant whose name is listed under s. 146.40 (4g) (a) 2.
Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.