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Ex. DUT-WI-010 Standing duty Primary source read

Wis. Admin. Code ch. DHS 145, Control of Communicable Diseases

Control of communicable diseases: reporting (145.04); investigation and control by local health officers following APHA methods (145.05); general statement of powers: directives to persons with contagious conditions including to 'cease and desist in conduct or employment which constitutes a threat to others' (145.06(4)(e)), court enforcement on failure to comply (145.06(5)), and directives to owners and supervisors of property presenting a threat of transmission (145.06(6)); special disease control measures (145.07)

Wisconsin Department of Health Services (administrative rule under Wis. Stat. § 252.02(4) and § 252.04-.05) · Wisconsin (State)

The COVID Project

The record

Jurisdiction
Wisconsin
Level
State
Authority
Wis. Stat. §§ 227.11(2), 250.04, 252.02(4), 252.04, 252.05 (DHS 145.01)
Effective
standing
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesQuarantine and isolationStanding dutyOperating condition
Addressees
  • owners or persons in control of premises ('persons who own or supervise real or physical property'); persons generally (sub. (4)); local health officers (145.05 'shall use all reasonable means' and 'shall follow the methods of control' of the APHA)
Character
sanitary code duty
Collection
Standing duties: Wisconsin DUT-WI

Operative words

Officials empowered under... s. 252.03 (1) and (2), Stats., may direct persons who own or supervise real or physical property... which present a threat of transmission of any communicable disease... to do what is reasonable and necessary to abate the threat of transmission. Persons failing or refusing to comply with a directive shall come under the provisions of sub. (5)...

Penalty

DHS 145.06(5): petition to a court of record to order compliance; § 252.25 (30 days / $500) for willful violation or obstruction of a departmental rule or order under ch. 252.

What it required

Every owner or supervisor of business property presenting a threat of COVID-19 transmission could be directed by DHS or the local health officer 'to do what is reasonable and necessary to abate the threat of transmission,' with court enforcement of the directive (sub. (5)); any person known or suspected to have a contagious condition could be directed to 'cease and desist in conduct or employment which constitutes a threat to others' (sub. (4)(e)); COVID-19 was within sub. (1) as a disease the chief medical officer deemed a threat and as a reportable disease under Appendix A.

Retrieval note

The official chapter PDF as currently published (Register November 2024 No. 827) is saved; the history notes printed under DHS 145.06 show no amendment after the 2008 correction, so the text quoted is the text in force in every quarter. § 252.02 cross-references 'ch. DHS 145, Wis. adm. code.'.