Wisconsin Statutes

Wis. Stat. § 250.042 (2026)

Powers and duties of the department as public health authority

✓ current as of July 2026
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250.042250.042Powers 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.
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(2)(b)(b) Act as specified in s. 252.041.
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.
Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2021–2021 · leading case: Jere Fabick v. Tony Evers, 2021 WI 28 (Wis. 2021).
Jere Fabick v. Tony Evers, 2021 WI 28 (Wis. 2021). · cites it 4× “Wis. Stat. § 250.042 (2)(a).20 Again, absent an emergency declaration, do these statutory purchasing powers simply vanish? ¶133 Additionally, absent an emergency declaration, Wisconsin also risks losing significant federal allotments to mitigate the economic effects of this…”
WCRIS v. Janel Heinrich, 2021 WI 58 (Wis. 2021). · cites it 2× “Statutory references to a school closure by a local health officer may stem from Wis. Stat. § 250.042 (1), which says: "If the governor declares a state of emergency related to public health under s.”
WCRIS v. Janel Heinrich, 2021 WI 58 (Wis. 2021). · cites it 2× “Statutory references to a school closure by a local health officer may stem from Wis. Stat. § 250.042 (1), which says: "If the governor declares a state of emergency related to public health under s.”
— Wis. Stat. § 250.042(2)(a) — 1 case
Jere Fabick v. Tony Evers, 2021 WI 28 (Wis. 2021). “Wis. Stat. § 250.042 (2)(a).20 Again, absent an emergency declaration, do these statutory purchasing powers simply vanish? ¶133 Additionally, absent an emergency declaration, Wisconsin also risks losing significant federal allotments to mitigate the economic effects of this…”
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