2023 Wisconsin Statutes & Annotations › Chapter 251 - Local health officials. › 251.06 - Local health officer; qualifications; duties.

251.06
Local health officer; qualifications; duties.
(1)
(a)
1.
Except as provided in subd. 2. or 3., a local health officer of a Level I local health department shall have at least a bachelor's degree from a nursing program accredited by the national professional nursing education accrediting organization or from a nursing program accredited by the board of nursing.
2.
A local health officer of a village or town health department established under s. 251.02 (3m) or of a multiple municipal local health department established under s. 251.02 (3r) shall be either a physician or a registered nurse. The local health officer shall be a voting member of the local board of health and shall take an oath of office. With respect to the levels of services of a Level I local health department, as specified in s. 251.05 (2) (a), the local health officer shall be authorized to act by and be directed by the county health officer of the county specified under s. 251.02 (3m).
3.
If there is more than one full-time employee of a Level I local health department, including a full-time public health nurse who meets the qualifications specified under s. 250.06, the local health officer may meet the qualifications of a Level II or Level III local health officer.
(b)
A local health officer of a Level II local health department shall have at least 3 years of experience in a full-time position with a public health agency, including responsibility for a communicable disease prevention and control program, preferably in a supervisory or other administrative position, and at least one of the following:
1.
A bachelor's degree from a nursing program accredited by the national professional nursing education accrediting organization or from a nursing program accredited by the board of nursing, either of which shall include preparation in public health nursing.
2.
A bachelor's degree in public health, environmental health, the physical or biological sciences or a similar field.
(c)
A local health officer of a Level III local health department shall have at least one of the following:
1.
A master's degree in public health, public administration, health administration or, as defined in rules promulgated by the department, a similar field and 3 years of experience in a full-time administrative position in either a public health agency or public health work.
2.
A bachelor's degree and 16 graduate semester credits towards a master's degree in public health, public administration, health administration or, as defined in rules promulgated by the department, a similar field and 5 years of experience in a full-time administrative position in either a public health agency or public health work.
3.
A license to practice medicine and surgery under ch. 448 and at least one of the following:
a.
Three years of experience in a full-time administrative position in either a public health agency or public health work.
b.
Eligibility for certification by the American board of preventive medicine in public health or general preventive medicine.
c.
A master's degree in public health, public administration, health administration or, as defined in rules promulgated by the department, a similar field.
(d)
Notwithstanding pars. (a) to (c), 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 officer 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 officer.
(2)
(a)
Except as provided in pars. (b) and (c), a local health officer shall be a full-time employee of a local health department.
(b)
A local health officer of a county health department in a county under s. 251.02 (3m) shall be a full-time employee of the county who meets the qualifications of a local health officer of a Level I local health department.
(c)
A local health officer of a local health department of a village or town established under s. 251.02 (3m) or a local health officer of a multiple municipal local health department established under s. 251.02 (3r) shall be one of the following:
1.
An employee of the local health department of the village or town or an employee of the multiple municipal local health department.
2.
A full-time employee of a local health department other than that specified in subd. 1.
3.
The local health officer under par. (b).
4.
The employee of a hospital, who provides, on a full-time basis, the services under s. 251.05 (2) (a), (b) or (c).
(3)
A local health officer shall:
(a)
Administer the local health department in accordance with state statutes and rules.
(b)
Enforce state public health statutes and rules.
(c)
Enforce any regulations that the local board of health adopts and any ordinances that the relevant governing body enacts, if those regulations and ordinances are consistent with state public health statutes and rules.
(d)
Administer all funds received by the local health department for public health programs.
(e)
Appoint all necessary subordinate personnel, assure that they meet appropriate qualifications and have supervisory power over all subordinate personnel. Any public health nurses and sanitarians hired for the local health department shall meet any qualification requirements established in rules promulgated by the department. “Subordinate personnel" under this paragraph may include any of the following:
1.
A public health educator who meets qualifications that the department shall specify by rule.
2.
A public health nutritionist, who is a certified dietitian, as defined in s. 448.70 (1m), is credentialed as a registered dietitian by the Commission on Dietetic Registration, and meets qualifications that the department shall specify by rule.
3.
A public health dental hygienist, who is licensed as a dental hygienist under s. 447.04 (2) (a) or (b), and who meets qualifications that the department shall specify by rule.
(f)
Investigate and supervise the sanitary conditions of all premises within the jurisdictional area of the local health department.
(g)
Have access to vital records and vital statistics from the register of deeds, as specified in ch. 69.
(h)
Have charge of the local health department and perform the duties prescribed by the local board of health. The local health officer shall submit an annual report of the administration of the local health department to the local board of health.
(i)
Promote the spread of information as to the causes, nature and prevention of prevalent diseases, and the preservation and improvement of health.
(4)
(a)
Except as provided in pars. (b) and (c), a local health officer shall be appointed in the same manner as are members of a local board of health under s. 251.03 (2).
(b)
In any county with a county executive that has a single county health department, the county executive shall appoint and supervise the county health officer. The appointment is subject to confirmation by the county board unless the county board, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.52 (8) or ch. 63. The county health officer appointed under this paragraph is subject only to the supervision of the county executive. In a county with such a county health officer, the local board of health shall be only a policy-making body determining the broad outlines and principles governing the administration of the county health department.
(c)
A local health officer of a village or town health department established under s. 251.02 (3m), of a multiple municipal local health department established under s. 251.02 (2) (b) or (3r), or of a city-city local health department established under s. 251.02 (3t) shall be appointed by the local board of health.
History:  1993 a. 27 ss. 203, 209, 266, 465; 1993 a. 106; 1995 a. 201; 1997 a. 114; 1999 a. 9; 2003 a. 158; 2007 a. 130; 2011 a. 120.
The list of a local health officer's mandatory enforcement duties in sub. (3) does not expressly withdraw a county's authority to permit its health department to enforce public health orders by civil citation. Becker v. Dane County, 2022 WI 63, 403 Wis. 2d 424, 977 N.W.2d 390, 21-1343.
This section does not require that a county create a stand-alone county health department and does not preclude the county human services director from exercising any managerial authority over the county health officer with respect to the operation of county health department programs. Because the transfer of the functions of a county health department to the county human services department is expressly authorized under s. 46.23 (3) (b) 1. bm. and c., a county that has a county executive is not required to create a stand-alone county health department. OAG 7-08.