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Wisconsin Administrative Register No. 782B

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

Publication Date: February 22, 2021
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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
EmR2107
Expires: July 11, 2021
First Appearance
Board of Nursing (N)
ch. N 1
ch. N 2
ch. N 3
ch. N 4
ch. N 6
ch. N 7
ch. N 8
Waiver of requirements in emergency situations
EmR2106
Expires: July 10, 2021
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 127
ch. DWD 128
Work search waivers, availability for work, and work available for people filing claims with the unemployment insurance program during the COVID-19 pandemic
EmR2105
Expires: June 23, 2021
Pharmacy Examining Board (Phar)
ch. Phar 2
Endorsement requirements for pharmacists
EmR2104
Expires: June 21, 2021
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Minocqua Chain walleye harvest regulations
EmR2103
Expires: June 11, 2021
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 107
Medicaid covered services
EmR2102
Expires: June 16, 2021
Pharmacy Examining Board (Phar)
ch. Phar 15
Re-use of personal protective equipment
EmR2101
Expires: May 30, 2021
Psychology Examining Board (Psy)
ch. Psy 4
Renewal and reinstatement of licenses
EmR2048
Expires: May 29, 2021
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
ch. NR 25
Fish harvest in Lake Superior
EmR2047
Expires: May 30, 2021
Department of Transportation (Trans)
ch. Trans 154
Odometer disclosure requirements
EmR2046
Expires: May 13, 2021
Department of Public Instruction (PI)
ch. PI 5
Age waivers for general educational development tests
EmR2045
Expires: February 7, 2023, or the date on which permanent rules take effect, whichever is sooner
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 159
Regulating fire fighting foam that contains certain contaminants
EmR2044
Expires: May 5, 2021
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 123
Benefit charges for initial claims related to the public health emergency declared by Executive Order 72
EmR2043
Expires: April 30, 2021
Department of Public Instruction (PI)
ch. PI 34
Licensing flexibilities during a pandemic declaration
EmR2042
Expires: April 7, 2021
Department of Administration-Division of Personnel Management (ER)
ch. ER 18
Absences
EmR2041
Expires: March 24, 2021
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 107
Medicaid benefits management
EmR2040
Expires: See Section 6 of the emergency rule
Department of Health Services (DHS)
Chs. DHS 1-19; Management and Technology and Strategic Finance
ch. DHS 10
Requirements for adult long-term care
EmR2039
Expires: In effect until the date on which rules promulgated pursuant to s. 94.55 (3w), Stats., take effect
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP 22
Hemp, and affecting small businesses
EmR2038
Expires: May 1, 2021, or the date on which permanent rules take effect, whichever is sooner
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors (A-E)
ch. A-E 1
ch. A-E 2
ch. A-E 3
ch. A-E 4
ch. A-E 5
ch. A-E 6
ch. A-E 7
ch. A-E 8
ch. A-E 9
ch. A-E 10
ch. A-E 11
ch. A-E 12
ch. A-E 13
Retired credential status
EmR2037
Expires: October 26, 2021
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling flualprazolam
EmR2036
Expires: March 22, 2021
Funeral Directors Examining Board (FD)
ch. FD 1
ch. FD 4
Education requirements for licensure and continuing education requirements
EmR2035
Expires: March 15, 2021
Department of Safety and Professional Services (SPS)
Chs. SPS 301-399 ; Safety, Buildings, and Environment
Chs. SPS 301-319; General, Part I
ch. SPS 318
Private residence elevators
EmR2034
Expires: March 31, 2021
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 120
Providing notification of the availability of unemployment insurance to employees at the time of separation from employment
EmR2033
Expires: March 31, 2021
First Extension
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 102
ch. DHS 103
ch. DHS 109
Medicaid eligibility requirements
EmR2032
Expires: April 5, 2021
First Extension
Department of Natural Resources (NR)
Chs. NR 700-799; Environmental Protection – Investigation and Remediation of Environmental Contamination
ch. NR 700
ch. NR 725
ch. NR 726
ch. NR 727
ch. NR 750
ch. NR 754
ch. NR 756
ch. NR 758
Financial responsibility for engineering controls for contaminated sediment remediation, and insurance and financial responsibility for Voluntary Party Liability Exemption projects with contaminated sediments; Chapters NR 700, 725, 726, 727, 750, 754,756, 758, Wis Adm. Code.
EmR2031
Expires: March 23, 2021
First Extension
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 110
Emergency medical services licensure, certification, and staffing requirements
EmR2030
Expires: March 24, 2021
First Extension
Department of Veterans Affairs (VA)
ch. VA 2
Veterans assistance grants
EmR2029
Expires: March 7, 2021
First Extension
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 129
Certification of programs for training and testing nurse aides and feeding assistants
EmR2027
Expires: March 11, 2021
First Extension
Board of Regents of the University of Wisconsin System (UWS)
ch. UWS 17
Nonacademic student misconduct
EmR2026
Expires: March 11, 2021
First Extension
Board of Regents of the University of Wisconsin System (UWS)
ch. UWS 11
Addressing allegations of sexual misconduct against faculty, academic staff, and students of the University of Wisconsin System
EmR2025
Expires: March 11, 2021
First Extension
Board of Regents of the University of Wisconsin System (UWS)
ch. UWS 7
Procedures for dismissal of faculty in special cases
EmR2024
Expires: March 11, 2021
First Extension
Board of Regents of the University of Wisconsin System (UWS)
ch. UWS 4
Procedures for dismissal of faculty
EmR2023
Expires: April 28, 2021
First Extension
Department of Safety and Professional Services (SPS)
Chs. SPS 301-399 ; Safety, Buildings, and Environment
Chs. SPS 301-319; General, Part I
ch. SPS 305
Continuing education
EmR2020
Expires: April 3, 2021
Second Extension
Department of Safety and Professional Services (SPS)
Chs. SPS 301-399 ; Safety, Buildings, and Environment
Chs. SPS 301-319; General, Part I
ch. SPS 305
Examinations
EmR2019
Expires: April 2, 2021
Second Extension
Funeral Directors Examining Board (FD)
ch. FD 1
Certification courses for funeral director apprentices
EmR2018
Expires: March 25, 2021
Second Extension
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 102
Employer contribution rates for 2021
EmR2017
Expires: June 25, 2021
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling MMB-FUBICA and 4F-MDMB-BINACA
EmR2015
Expires: March 19, 2021
Second Extension
Department of Safety and Professional Services (SPS)
Chs. SPS 301-399 ; Safety, Buildings, and Environment
Chs. SPS 301-319; General, Part I
ch. SPS 314
ch. SPS 316
Inspections
EmR2014
Expires: March 8, 2021
Second Extension
Department of Workforce Development (DWD)
Ch. DWD 301; Migrant Labor
ch. DWD 301
COVID-19 protections for migrant workers
EmR2013
Expires: June 4, 2021
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling Isotonitazene and 1P-LSD
EmR2011
Expires: March 1, 2021
Second Extension
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 113
Waiving interest in limited circumstances for employers subject to reimbursement financing when reimbursements are delinquent due to COVID-19
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
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
SS 015-21
Board of Nursing (N)
ch. N 2
Temporary permits

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
CR 21-010
Department of Public Instruction (PI)
ch. PI 19
ch. PI 34
ch. PI 40
Biennial cleanup of DPI administrative rules
EmR2107
Board of Nursing (N)
ch. N 1
ch. N 2
ch. N 3
ch. N 4
ch. N 6
ch. N 7
ch. N 8
Waiver of requirements in emergency situations

Notices of Submittal of Rules to Legislature in Final Draft Form

Document
Agency
Chapter Groups
Chapters
Related to
CR 20-071
Department of Public Instruction (PI)
ch. PI 34
Alternative completion standards for educator preparation programs
CR 20-073
Department of Public Instruction (PI)
ch. PI 11
Emotional behavior disability criteria
CR 20-081
Department of Revenue (Tax)
ch. Tax 2
Credit for tax paid to another state

Emergency Rules Filed with Legislative Reference Bureau

Document
Agency
Chapter Groups
Chapters
Related to
EmR2107
Board of Nursing (N)
ch. N 1
ch. N 2
ch. N 3
ch. N 4
ch. N 6
ch. N 7
ch. N 8
Waiver of requirements in emergency situations

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 17-046
Effective: June 29, 2021
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
Chs. NR 200-299; Environmental Protection – Wisconsin Pollutant Discharge Elimination System
Chs. NR 500-599; Environmental Protection – Solid Waste Management
ch. NR 106
ch. NR 140
ch. NR 149
ch. NR 149 Appendix I
ch. NR 157
ch. NR 200
ch. NR 219
ch. NR 247
ch. NR 258
ch. NR 263
ch. NR 500
ch. NR 507
ch. NR 700
Laboratory accreditation and affecting small business

Table of Administrative Code Provisions Revised in this Register

Revisions Table

Instructions For Inserting and Removing Administrative Code Chapters

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
TOC
Department of Natural Resources (NR), Chs. NR 100-199; Environmental Protection – General TOC
Inserted
Adm 82
Disabled Veteran-Owned Business Certification Program
Inserted
Adm 84
Minority Business Certification Program
Inserted
DCF 150 Appendix C
Appendix C Child Support Obligation of Low-Income Payers
Inserted
DCF 150 Appendix D
Appendix D Maximum Birth Cost Judgment Amounts for Low-Income Payers
Inserted
DCF 201
Child Care Subsidy Program
Inserted
DHS 13
Reporting And Investigation Of Caregiver Misconduct
Inserted
NR 10
Game And Hunting
Inserted
NR 20
Fishing: Inland Waters; Outlying Waters
Inserted
NR 25
Commercial Fishing — Outlying Waters
Inserted
NR 106
Procedures For Calculating Water Quality Based Effluent Limitations For Point Source Discharges To Surface Waters
Inserted
NR 140
Groundwater Quality
Inserted
NR 149
Laboratory Accreditation
Inserted
NR 149 Appendix I
Appendix I Analytical Technologies, Analytes, Analyte Groups, Classes, and Methods Available for Accreditation
Inserted
NR 157
Management Of Pcbs And Products Containing Pcbs
Inserted
NR 200
Application For Discharge Permits And Water Quality Standards Variances
Inserted
NR 203
Wisconsin Pollutant Discharge Elimination System Public Participation Procedures
Inserted
NR 219
Analytical Test Methods And Procedures
Inserted
NR 247
Glass Manufacturing
Inserted
NR 258
Meat Products
Inserted
NR 260
Electroplating
Inserted
NR 261
Metal Finishing
Inserted
NR 263
Coil Coating
Inserted
NR 500
General Solid Waste Management Requirements
Inserted
NR 507
Environmental Monitoring For Landfills
Inserted
NR 538
Beneficial Use Of Industrial Byproducts
Inserted
NR 544
Effective Recycling Programs
Inserted
NR 700
General Requirements
Inserted
NR 812
Well Construction And Pump Installation
Inserted
NR 812 Appendix
Appendix
Inserted
REEB 24
Conduct And Ethical Practices For Real Estate Licensees

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
Adm 82
Disabled Veteran-Owned Business Certification Program
Removed
Adm 84
Minority Business Certification Program
Removed
DCF 150 Appendix C
Appendix C Child Support Obligation of Low-Income Payers
Removed
DCF 150 Appendix D
Appendix D Maximum Birth Cost Judgment Amounts for Low-Income Payers
Removed
DCF 201
Child Care Subsidy Program
Removed
DHS 13
Reporting And Investigation Of Caregiver Misconduct
Removed
NR 10
Game And Hunting
Removed
NR 20
Fishing: Inland Waters; Outlying Waters
Removed
NR 25
Commercial Fishing — Outlying Waters
Removed
NR 106
Procedures For Calculating Water Quality Based Effluent Limitations For Point Source Discharges To Surface Waters
Removed
NR 140
Groundwater Quality
Removed
NR 149
Laboratory Certification And Registration
Removed
NR 149 Appendix I
Appendix I Analytical Technologies, Analytes, And Analyte Groups For Certification And Registration In The Aqueous And Solid Matrices
Removed
NR 149 Appendix II
Appendix II Methods, Analytes, And Analyte Groups For Certification In The Drinking Water Matrix
Removed
NR 149 Appendix III
Appendix III List Of Authoritative Sources
Removed
NR 157
Management Of Pcbs And Products Containing Pcbs
Removed
NR 200
Application For Discharge Permits And Water Quality Standards Variances
Removed
NR 203
Wisconsin Pollutant Discharge Elimination System Public Participation Procedures
Removed
NR 219
Analytical Test Methods And Procedures
Removed
NR 247
Glass Manufacturing
Removed
NR 258
Meat Products
Removed
NR 260
Electroplating
Removed
NR 261
Metal Finishing
Removed
NR 263
Coil Coating
Removed
NR 500
General Solid Waste Management Requirements
Removed
NR 507
Environmental Monitoring For Landfills
Removed
NR 538
Beneficial Use Of Industrial Byproducts
Removed
NR 544
Effective Recycling Programs
Removed
NR 700
General Requirements
Removed
NR 812
Well Construction And Pump Installation
Removed
NR 812 Appendix
Appendix
Removed
REEB 24
Conduct And Ethical Practices For Real Estate Licensees

Published by the Legislative Reference Bureau. Contact the Register Editors: (608) 504-5801. Email Administrative-Code-Register@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.