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Full text of the specified Administrative Register, except Inserted Chapters published in the Register.

Wisconsin Administrative Register No. 767B

Published every Monday by the Legislative Reference Bureau under s. 35.93, Wis. Stats.

Publication Date: November 25, 2019
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Table of Contents



Emergency Rules in Effect

(Includes Rules Filed With Legislative Reference Bureau not yet in effect indicated below as “Pending”)

Document
Agency
Chapter Groups
Chapters
Related to
EmR1922
Expires: March 30, 2020
Department of Health Services (DHS)
Chs. DHS 30-100; Community Services
ch. DHS 50
Youth crisis stabilization facility
EmR1921
Expires: April 6, 2020
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Ruffed grouse management
EmR1920
Expires: March 12, 2020
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 115
Screening newborns for congenital and metabolic disorders
EmR1919
Expires: March 12, 2020
Office of the Commissioner of Insurance (Ins)
ch. Ins 3
Amending Medicare supplemental insurance regulations and reporting requirements
EmR1918
Expires: February 26, 2020
Department of Children and Families (DCF)
Chs. DCF 1-20; Rules Affecting Multiple Department Programs
Chs. DCF 201-252; Early Care and Education
ch. DCF 12
ch. DCF 13
ch. DCF 40
ch. DCF 202
ch. DCF 204
ch. DCF 250
ch. DCF 251
ch. DCF 252
Child care licensing and certification updates related to the child care and development block grant
EmR1917
Expires: February 29, 2020
Pharmacy Examining Board (Phar)
ch. Phar 7
Delegate-check-delegate
EmR1916
Expires: February 29, 2020
Pharmacy Examining Board (Phar)
ch. Phar 7
Automated technology product verification check
EmR1915
Expires: February 29, 2020
Pharmacy Examining Board (Phar)
ch. Phar 7
Pharmacist to delegate ratios
EmR1914
Expires: February 1, 2020
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Establishing the 2019 migratory bird season framework and regulations in Ch. NR 10
EmR1913
Expires: January 28, 2020
Department of Health Services (DHS)
Chs. DHS 30-100; Community Services
ch. DHS 75
Community substance abuse service standards
EmR1912
Expires: January 4, 2020
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
ch. SPS 88
Real estate appraisal management companies
EmR1911
Expires: November 27, 2019
Department of Public Instruction (PI)
ch. PI 49
Changes to rules governing the special needs scholarship program as a result of 2017 Wisconsin Acts 36 and 59 and other changes
EmR1910
Expires: January 13, 2020
First Extension
Department of Public Instruction (PI)
ch. PI 36
Financial statements for special education services under open enrollment
EmR1909
Expires: January 9, 2020
Second Extension
Department of Public Instruction (PI)
ch. PI 34
Cleanup revisions to educator license rules
EmR1907
Expires: December 12, 2019
Second Extension
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 25
Harvest management regulations in the Lake Superior Fishery and affecting small business
EmR1906
Expires: December 6, 2019
Second Extension
Optometry Examining Board (Opt)
ch. Opt 3
ch. Opt 4
ch. Opt 7
The examination on the treatment and management of ocular disease
EmR1901
Expires: January 6, 2021
Department of Corrections (DOC)
ch. DOC 347
Secured residential care centers
EmR1831
Expires: The date on which the permanent rules take effect, as provided in s.601.83 (1) (g).
Office of the Commissioner of Insurance (Ins)
ch. Ins 19
Wisconsin healthcare stability plan
EmR1816
Expires: July 31, 2020
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
ch. ATCP 100
Milk contractors
EmR1808
Expires: July 1, 2020
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP 22
Industrial hemp and affecting small businesses
EmR1807
Expires: July 1, 2020
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP22
Industrial hemp, and affecting small businesses
EmR1803
Expires: January 31, 2020
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
ch. ATCP 99
ch. ATCP 100
ch. ATCP 101
Grain dealers, milk contractors, and vegetable contractors
EmR1215
Expires: The date on which the permanent rules take effect, as provided in 2011 Wisconsin Act 169, section 21.
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
The coyote hunting season.
EmR1210
Expires: The date on which the permanent rules take effect, as provided in 2011 Wisconsin Act 169, section 21.
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
ch. NR 12
ch. NR 19
The wolf hunting and trapping season and regulations and a depredation program.

Statements of Scope

Document
Agency
Chapter Groups
Chapters
Related to
Department of Health Services (DHS)
ch. DHS 77
Service fund for people who are deaf, deafblind or hard of hearing
Ethics Commission (ETH)
ch. ETH 26
Ethics Commission settlement schedule

Notices of Public Hearing and Comment Period for Statements of Scope

Document
Agency
Chapter Groups
Chapters
Related to
Marriage and Family Therapy, Counseling, and Social Worker Examining Board (MPSW)
ch. MPSW 2
ch. MPSW 3
Clinical social work concentration

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
Department of Veterans Affairs (VA)
ch. VA 6
Rate setting at the Wisconsin veterans homes
Pharmacy Examining Board (Phar)
ch. Phar 7
Pharmacy practice
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 8
ch. NR 10
ch. NR 11
ch. NR 12
ch. NR 16
ch. NR 17
ch. NR 19
ch. NR 45
2019 Bureau of Wildlife Management housekeping rule
Department of Public Instruction (PI)
ch. PI 30
Clarifying high cost special education aid

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 149
The Special Supplemental Nutrition Program for Women, Infants and Children (WIC)
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 124
Hospitals
Board of Nursing (N)
ch. N 2
Licensure
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 55-89; Food, Lodging, and Recreation Safety
ch. ATCP 83
Dairy product advertising and labeling related synthetic bovine growth hormone
Department of Veterans Affairs (VA)
ch. VA 6
Rate setting at the Wisconsin veterans homes
Pharmacy Examining Board (Phar)
ch. Phar 7
Pharmacy practice
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 8
ch. NR 10
ch. NR 11
ch. NR 12
ch. NR 16
ch. NR 17
ch. NR 19
ch. NR 45
2019 Bureau of Wildlife Management housekeping rule
Department of Public Instruction (PI)
ch. PI 30
Clarifying high cost special education aid

Notices of Submittal of Rules to Legislature in Final Draft Form

Document
Agency
Chapter Groups
Chapters
Related to
Chiropractic Examining Board (Chir)
ch. Chir 1
ch. Chir 4
ch. Chir 10
ch. Chir 11
Delegation of services to health care professionals
Department of Public Instruction (PI)
ch. PI 49
Changes to rules governing the special needs scholarship program as a result of 2017 Wisconsin Acts 36 and 59 and other changes

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
Dentistry Examining Board (DE)
ch. DE 8
Preservation of patient health care records
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 181
Reporting of blood lead test results
Department of Health Services (DHS)
Chs. DHS 30-100; Community Services
ch. DHS 75
Community substance abuse service standards
Department of Justice (Jus)
ch. Jus 14
Requirements for pepper spray products sold in Wisconsin for private defensive use
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 115
Screening newborns for congenital and metabolic disorders

Public Notices

Document
Agency
Related to
Department of Public Instruction (PI)
Application for the Ed-Flex Program waiver

Guidance Documents

Agency

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 17-047
Effective: December 1, 2019
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
ch. ATCP 99
ch. ATCP 100
ch. ATCP 101
Grain dealers and grain warehouse keepers; milk contractors; vegetable contractors
CR 18-089
Effective: December 1, 2019
Dentistry Examining Board (DE)
ch. DE 8
Preservation of patient health care records
CR 19-004
Effective: December 1, 2019
Department of Transportation (Trans)
ch. Trans 330
Motor bus equipment and inspection
CR 19-049
Effective: December 15, 2019
Accounting Examining Board (Accy)
ch. Accy 2
Continuing education
CR 19-063
Effective: December 1, 2019
Department of Justice (Jus)
ch. Jus 14
Requirements for pepper spray products sold in Wisconsin for private defensive use

Table of Administrative Code Provisions Revised in this Register

Instructions For Inserting and Removing Administrative Code Chapters

Administrative Code Chapters Inserted By This Register

See the Table of Administrative Code Provisions Revised in this Register for a list of the added, modified, or removed, administrative code provisions contained in the chapters inserted or removed by this register. See the Final Rules Published in Administrative Code and Final Regulatory Analyses in this register to see the text of rules affecting changes to the chapters inserted or removed by this register.
Kind
Document
Related to
Inserted
Grain Dealers And Grain Warehouse Keepers
Inserted
Milk Contractors
Inserted
Vegetable Contractors
Inserted
Individual Certification And Licensure
Inserted
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Inserted
Patient Dental Record Retention
Inserted
Procedure And Practice
Inserted
Railroads
Inserted
Water Carriers
Inserted
Motor Bus Equipment And Inspection

Administrative Code Chapters Removed By This Register

See the Table of Administrative Code Provisions Revised in this Register for a list of the added, modified, or removed, administrative code provisions contained in the chapters inserted or removed by this register. See the Final Rules Published in Administrative Code and Final Regulatory Analyses in this register to see the text of rules affecting changes to the chapters inserted or removed by this register.
Kind
Document
Related to
Removed
Grain Dealers And Grain Warehouse Keepers
Removed
Milk Contractors
Removed
Vegetable Contractors
Removed
Individual Certification And Licensure
Removed
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Removed
Patient Dental Record Retention
Removed
Sale And Distribution Of OC Products To Private Citizens
Removed
Licenses
Removed
Procedure And Practice
Removed
Railroads
Removed
Water Carriers
Removed
Motor Bus Equipment And Inspection

Contact the Register Editors: (608) 504-5824. Email Jill.Kauffman@legis.wisconsin.gov or Michael.Duchek@legis.wisconsin.gov

 
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.