Wis. Stat. § 252.02

252.02 Powers and duties of department. (1) The de- Cross-reference: See also ch. DHS 145, Wis. adm. code. partment may establish systems of disease surveillance and in- An order issued by the Department of Health Services confining all people to their homes, forbidding travel, and closing businesses exceeded the statutory author- spection to ascertain the presence of any communicable disease. ity of this section. Wisconsin Legislature v. Palm, 2020 WI 42, 391 Wis. 2d 497, Any agent of the department may, with a special inspection war- 942 N.W.2d 900, 20-0765. rant issued under s. 66.0119, enter any building, vessel or con- Discussing whether an emergency order issued by the Department of Health Ser- vices under sub. (3) is a rule that must comply with rule-making procedures in ch. veyance to inspect the same and remove therefrom any person af- 227. Tavern League of Wisconsin, Inc. v. Palm, 2021 WI 33, 396 Wis. 2d 434, 957 fected by a communicable disease. For this purpose, the agent N.W.2d 261, 20-1742. 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 re- 252.03 Duties of local health officers. (1) Every local quire the conductor of any railway train to stop the train at any health officer, upon the appearance of any communicable disease station or upon any sidetrack, for such time as may be necessary. in his or her territory, shall immediately investigate all the cir- cumstances and make a full report to the appropriate governing (2) In an emergency, the department may provide those sick body and also to the department. The local health officer shall with a communicable disease with medical aid and temporary promptly take all measures necessary to prevent, suppress and hospital accommodation. control communicable diseases, and shall report to the appropri- (3) The department may close schools and forbid public gath- ate governing body the progress of the communicable diseases erings in schools, churches, and other places to control outbreaks and the measures used against them, as needed to keep the appro- and epidemics. priate governing body fully informed, or at such intervals as the (4) Except as provided in ss. 93.07 (24) (e) and 97.59, the de- secretary may direct. The local health officer may inspect partment may promulgate and enforce rules or issue orders for schools and other public buildings within his or her jurisdiction

2023-24 Wisconsin Statutes updated through 2025 Wis. Act 137 and through all Supreme Court Orders and Controlled Sub- stances Board Orders filed before and in effect on May 13, 2026. Published and certified under s. 35.18. Changes effective after May 13, 2026, are designated by NOTES. (Published 5-13-26)

252.03 COMMUNICABLE DISEASES

as needed to determine whether the buildings are kept in a sani- form the person in writing of the person’s right to a waiver under tary condition. this subsection. (2) Local health officers may do what is reasonable and nec- (3m) Any government entity; public or private elementary, essary for the prevention and suppression of disease; may forbid middle, junior high, or senior high school; childcare center or public gatherings when deemed necessary to control outbreaks or nursery school; or health care provider, as defined in s. 146.81 epidemics and shall advise the department of measures taken. (1), that sends a piece of mail containing information that could (2j) A local health officer may not issue a mandate to close disclose another person’s immunization status, including immu- any business in order to control an outbreak or epidemic of com- nization reminders sent by U.S. mail, shall ensure that any infor- municable disease for longer than 30 days unless the governing mation that could disclose a person’s immunization status or oth- body of the political subdivision in which the order is intended to erwise allow someone to infer a person’s immunization status is apply approves one extension of the order, not to exceed 30 days. enclosed and sealed within the piece of mail and that no such in- A mandate to close more than one business as provided under this formation is visible on the outside of the piece of mail. subsection may not distinguish between essential and nonessen- (4) The student, if an adult, or the student’s parent, guardian, tial businesses. In this subsection, “political subdivision” means or legal custodian shall keep the school, child care center, or nurs- a city, village, town, or county. ery school informed of the student’s compliance with the immu- (3) If the local authorities fail to enforce the communicable nization schedule. disease statutes and rules, the department shall take charge, and (5) (a) By the 15th and the 25th school day after the date on expenses thus incurred shall be paid by the county or which the student is admitted to a school, child care center, or municipality. nursery school, the school, child care center, or nursery school (4) No person may interfere with the investigation under this shall notify in writing any adult student or the parent, guardian, chapter of any place or its occupants by local health officers or or legal custodian of any minor student who has not met the im- their assistants. munization or waiver requirements of this section. The notices History: 1981 c. 291; 1993 a. 27 s. 285; Stats. 1993 s. 252.03; 2023 a. 12. shall cite the terms of those requirements and shall state that Local health officers do not have the statutory power to close schools under this court action and forfeiture penalty could result due to noncompli- section. This section lists a series of discrete powers afforded local health officers in ance. The notices shall also explain the reasons for the immu- order to address communicable diseases. Because the legislature expressly granted local health officers discrete powers under this section but omitted the power to nization requirements and include information on how and where close schools, local health officers do not possess that power. James v. Heinrich, to obtain the required immunizations. 2021 WI 58, 397 Wis. 2d 516, 960 N.W.2d 350, 20-1419. This section grants local health officers the authority to issue public health or- (b) 1. A school, child care center, or nursery school may ex- ders. Becker v. Dane County, 2022 WI 63, 403 Wis. 2d 424, 977 N.W.2d 390, 21- clude from the school, child care center, or nursery school any 1343. Although the Wisconsin Supreme Court’s decision in Palm, 2020 WI 42, is not student who fails to satisfy the requirements of sub. (2). directly controlling on powers of local health officers under this section, it is advis- 2. Beginning on July 1, 1993, if the department determines able to limit enforcement under this section to ordinances or administrative enforce- ment. Also, local authorities should ensure that any measures that direct people to that fewer than 98 percent of the students in a child care center, stay at home, forbid certain travel, or close certain businesses speak specifically to nursery school, or school district who are subject to the require- the local authority’s statutory power under subs. (1) and (2) to “prevent, suppress ments of sub. (2) have complied with sub. (2), the child care cen- and control communicable diseases” and “forbid public gatherings when deemed necessary to control outbreaks or epidemics.” OAG 3-20. ter or nursery school shall exclude any child who fails to satisfy the requirements of sub. (2) and the school district shall exclude