Wis. Stat. » CHAPTER 252 — COMMUNICABLE DISEASES

Wis. Stat. § 252.02

Powers and duties of department

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252.02252.02 Powers and duties of department.
252.02(1)(1) The department may establish systems of disease surveillance and inspection to ascertain the presence of any communicable disease. Any agent of the department may, with a special inspection warrant issued under s. 66.0119, enter any building, vessel or conveyance to inspect the same and remove therefrom any person affected by a communicable disease. For this purpose, the agent may require the person in charge of the vessel or conveyance, other than a railway car, to stop the same at any place and may require the conductor of any railway train to stop the train at any station or upon any sidetrack, for such time as may be necessary.
252.02(2)(2) In an emergency, the department may provide those sick with a communicable disease with medical aid and temporary hospital accommodation.
252.02(3)(3) The department may close schools and forbid public gatherings in schools, churches, and other places to control outbreaks and epidemics.
252.02(4)(4) Except as provided in ss. 93.07 (24) (e) and 97.59, the department may promulgate and enforce rules or issue orders for guarding against the introduction of any communicable disease into the state, for the control and suppression of communicable diseases, for the quarantine and disinfection of persons, localities and things infected or suspected of being infected by a communicable disease and for the sanitary care of jails, state prisons, mental health institutions, schools, and public buildings and connected premises. Any rule or order may be made applicable to the whole or any specified part of the state, or to any vessel or other conveyance. The department may issue orders for any city, village or county by service upon the local health officer. Rules that are promulgated and orders that are issued under this subsection supersede conflicting or less stringent local regulations, orders or ordinances.
252.02(5)(5) If any public officer or employee or any person in charge of any building, vessel, conveyance, jail, state prison, mental health institution or school fails to comply with a rule promulgated or order issued under sub. (4), the department may appoint an agent to execute its rules or orders. Expenses that an agent incurs shall be paid by the unit of government that employs the person or of which the public officer is a member. If the building, vessel, conveyance, mental health institution or school is privately owned the state shall pay the expenses that the agent incurs.
252.02(6)(6) The department may authorize and implement all emergency measures necessary to control communicable diseases.
252.02(7)(7) The department shall promulgate rules that specify medical conditions treatable by prescriptions or nonprescription drug products for which pharmacists and pharmacies must report under s. 450.145 (1).
252.02 HistoryHistory: 1981 c. 291; 1993 a. 27 s. 284; Stats. 1993 s. 252.02; 1999 a. 150 s. 672; 2001 a. 109; 2005 a. 198; 2015 a. 55.
252.02 Cross-referenceCross-reference: See also ch. DHS 145, Wis. adm. code.
252.02 AnnotationAn order issued by the Department of Health Services confining all people to their homes, forbidding travel, and closing businesses exceeded the statutory authority of this section. Wisconsin Legislature v. Palm, 2020 WI 42, 391 Wis. 2d 497, 942 N.W.2d 900, 20-0765.
252.02 AnnotationDiscussing whether an emergency order issued by the Department of Health Services under sub. (3) is a rule that must comply with rule-making procedures in ch. 227. Tavern League of Wisconsin, Inc. v. Palm, 2021 WI 33, 396 Wis. 2d 434, 957 N.W.2d 261, 20-1742.
Notes of Decisions
Cited in 8 cases (6 in the last 5 years), 2020–2023 · leading case: Tavern League of Wisconsin, Inc. v. Andrea Palm
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Tavern League of Wisconsin, Inc. v. Andrea Palm (2021) wis · cites it 53× “DHS alleged that its authority to limit indoor public gatherings was based in the same statute, Wis. Stat. § 252.02 (3), which lists schools as well as churches, and "other places" that the department may close.”
Wisconsin Legislature v. Andrea Palm (2020) wis · cites it 188× “24 (2017-18),1 and (2) even if rulemaking were not required, Palm exceeded her authority by ordering everyone to stay home,2 closing all "non-essential" businesses,3 prohibiting private gatherings of any number of people who are not part of a single household,4 and forbidding…”
Wisconsin Legislature v. Andrea Palm (2020) wis · cites it 188× “24 (2017-18),1 and (2) even if rulemaking were not required, Palm exceeded her authority by ordering everyone to stay home,2 closing all "non-essential" businesses,3 prohibiting private gatherings of any number of people who are not part of a single household,4 and forbidding…”
WCRIS v. Janel Heinrich (2021) wis · cites it 16× “As we explained when we granted temporary injunctive relief, this conclusion is bolstered by the fact that "[b]oth Wis. Stat. § 252.02 and Wis. Stat. § 252.”
Jeffrey Becker v. Dane County (2022) wis · cites it 9× “06(2), authorizes local health officers "to quarantine, isolate, 8See Wis. Stat. § 252.02 (4) (authorizing the Department of Health Services (DHS) to "issue orders" for the prevention of or the control and suppression of communicable disease, among other actions, and to "issue…”
Wisconsin Property Taxpayers, Inc. v. Town of Buchanan (2023) wis · cites it 2× “2d 900 ("[D]espite the detailed nature of the list, and the Legislature's consideration of acts of DHS and its consideration of 'orders,' no act or order of DHS pursuant to Wis. Stat. § 252.02 is exempted from the definition of 'Rule.”
WCRIS v. Janel Heinrich (2021) wis · cites it 16× “As we explained when we granted temporary injunctive relief, this conclusion is bolstered by the fact that "[b]oth Wis. Stat. § 252.02 and Wis. Stat. § 252.”
Jeffrey Becker v. Dane County (2022) wis · cites it 9× “06(2), authorizes local health officers "to quarantine, isolate, 8See Wis. Stat. § 252.02 (4) (authorizing the Department of Health Services (DHS) to "issue orders" for the prevention of or the control and suppression of communicable disease, among other actions, and to "issue…”
— Wis. Stat. § 252.02(3) — 5 cases
Tavern League of Wisconsin, Inc. v. Andrea Palm (2021) wis “DHS alleged that its authority to limit indoor public gatherings was based in the same statute, Wis. Stat. § 252.02 (3), which lists schools as well as churches, and "other places" that the department may close.”
Wisconsin Legislature v. Andrea Palm (2020) wis “24 (2017-18),1 and (2) even if rulemaking were not required, Palm exceeded her authority by ordering everyone to stay home,2 closing all "non-essential" businesses,3 prohibiting private gatherings of any number of people who are not part of a single household,4 and forbidding…”
WCRIS v. Janel Heinrich (2021) wis “As we explained when we granted temporary injunctive relief, this conclusion is bolstered by the fact that "[b]oth Wis. Stat. § 252.02 and Wis. Stat. § 252.”
Wisconsin Legislature v. Andrea Palm (2020) wis “24 (2017-18),1 and (2) even if rulemaking were not required, Palm exceeded her authority by ordering everyone to stay home,2 closing all "non-essential" businesses,3 prohibiting private gatherings of any number of people who are not part of a single household,4 and forbidding…”
WCRIS v. Janel Heinrich (2021) wis “As we explained when we granted temporary injunctive relief, this conclusion is bolstered by the fact that "[b]oth Wis. Stat. § 252.02 and Wis. Stat. § 252.”
— Wis. Stat. § 252.02(4) — 3 cases
Wisconsin Legislature v. Andrea Palm (2020) wis “24 (2017-18),1 and (2) even if rulemaking were not required, Palm exceeded her authority by ordering everyone to stay home,2 closing all "non-essential" businesses,3 prohibiting private gatherings of any number of people who are not part of a single household,4 and forbidding…”
Tavern League of Wisconsin, Inc. v. Andrea Palm (2021) wis “DHS alleged that its authority to limit indoor public gatherings was based in the same statute, Wis. Stat. § 252.02 (3), which lists schools as well as churches, and "other places" that the department may close.”
Wisconsin Legislature v. Andrea Palm (2020) wis “24 (2017-18),1 and (2) even if rulemaking were not required, Palm exceeded her authority by ordering everyone to stay home,2 closing all "non-essential" businesses,3 prohibiting private gatherings of any number of people who are not part of a single household,4 and forbidding…”
— Wis. Stat. § 252.02(6) — 5 cases
Wisconsin Legislature v. Andrea Palm (2020) wis “24 (2017-18),1 and (2) even if rulemaking were not required, Palm exceeded her authority by ordering everyone to stay home,2 closing all "non-essential" businesses,3 prohibiting private gatherings of any number of people who are not part of a single household,4 and forbidding…”
Tavern League of Wisconsin, Inc. v. Andrea Palm (2021) wis “DHS alleged that its authority to limit indoor public gatherings was based in the same statute, Wis. Stat. § 252.02 (3), which lists schools as well as churches, and "other places" that the department may close.”
Wisconsin Legislature v. Andrea Palm (2020) wis “24 (2017-18),1 and (2) even if rulemaking were not required, Palm exceeded her authority by ordering everyone to stay home,2 closing all "non-essential" businesses,3 prohibiting private gatherings of any number of people who are not part of a single household,4 and forbidding…”
WCRIS v. Janel Heinrich (2021) wis “As we explained when we granted temporary injunctive relief, this conclusion is bolstered by the fact that "[b]oth Wis. Stat. § 252.02 and Wis. Stat. § 252.”
WCRIS v. Janel Heinrich (2021) wis “As we explained when we granted temporary injunctive relief, this conclusion is bolstered by the fact that "[b]oth Wis. Stat. § 252.02 and Wis. Stat. § 252.”
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