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

Wisconsin Administrative Register No. 792B

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

Publication Date: December 27, 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
EmR2131
Pending: Effective January 10, 2022
First Appearance
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 115
Screening newborns for congenital disorders
EmR2130
Pending: Effective January 1, 2022
First Appearance
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 25
Lake Michigan whitefish management and affecting small business
EmR2129
Expires: May 3, 2022
Department of Public Instruction (PI)
ch. PI 11
Specific learning disability evaluations in and homeschool and private school settings
EmR2128
Expires: April 22, 2022
Physical Therapy Examining Board (PT)
ch. PT 1
ch. PT 5
Supervision of physical therapist assistants
EmR2127
Expires: November 2, 2023 or until permanent rules take effect, whichever is sooner
Psychology Examining Board (Psy)
ch. Psy 1
ch. Psy 2
ch. Psy 4
Definitions, interim psychologist licensure requirements, reciprocity requirements, reciprocal credentials for service members, former service members, and their spouses, supervised psychological experience, temporary practice for out of state providers, and renewal requirements
EmR2126
Expires: March 15, 2022
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Minocqua Chain walleye harvest regulations
EmR2125
Expires: March 1, 2022, except Sections 1 and 2 expire on April 24, 2022
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 102
ch. DWD 113
ch. DWD 123
Protecting Wisconsin employers from the adverse financial effects of COVID-19
EmR2124
Expires: July 1, 2023, or the date on which the permanent rules take effect, whichever is sooner.
Department of Children and Families (DCF)
Chs. DCF 021-99; Safety and Permanence
ch. DCF 61
Qualified residential treatment programs
EmR2123
Expires: March 18, 2022
First Extension
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
Chs. NR 500-599; Environmental Protection – Solid Waste Management
ch. NR 114
ch. NR 146
ch. NR 524
Allowing for third party administration of operator certification examinations and affecting small business
EmR2122
Expires: January 16, 2022
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Establishing migratory bird season framework and regulations
EmR2121
Expires: March 2, 2022
First Extension
Department of Health Services (DHS)
Chs. DHS 1-19; Management and Technology and Strategic Finance
ch. DHS 10
Requirements for adult long-term care
EmR2119
Expires: February 17, 2022
First Extension
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Lake trout harvest and season in Lake Michigan (Ch. NR 20)
EmR2117
Expires: March 8, 2022
Second Extension
Department of Public Instruction (PI)
ch. PI 35
ch. PI 48
ch. PI 49
Parental Choice and Special Needs Scholarship Programs offsetting revenue
EmR2116
Expires: March 1, 2022
Second Extension
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 102
ch. DHS 103
ch. DHS 109
Medicaid eligibility requirements
EmR2115
Expires: February 27, 2022
Second Extension
Department of Transportation (Trans)
ch. Trans 230
Permits for loads exceeding size, weight, and vehicle combination limits
EmR2114
Expires: December 31, 2021
Second Extension
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 25
Lake Michigan whitefish management and affecting small business
EmR2113
Expires: December 31, 2021
Second Extension
Accounting Examining Board (Accy)
ch. Accy 2
Uniform CPA examination deadline
EmR2111
Expires: 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
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
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 116-21
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 102
ch. DWD 147
Converting Standard Industrial Classification (SIC) code references to the North American Industry Classification System (NAICS) codes and making minor and technical updates

Notices of Public Hearing and Comment Period for Statements of Scope

Document
Agency
Chapter Groups
Chapters
Related to
SS 116-21 Notice of Preliminary Hearing
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 102
ch. DWD 147
Converting Standard Industrial Classification (SIC) code references to the North American Industry Classification System (NAICS) codes and making minor and technical updates

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
CR 21-109
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 55-89; Food, Lodging, and Recreation Safety
ch. ATCP 78
Regulation of recreational and educational camps and affecting small business
CR 21-110
Department of Administration (Adm)
Department of Administration [Gaming] (Game)
Department of Administration-Division of Personnel Management (ER)
ch. Adm 1
ch. Adm 2
ch. Adm 21
ch. Adm 30
ch. Adm 50
ch. Adm 89
ch. Adm 92
ch. Game 4
ch. ER 44
Updating terminology in administrative rules

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
CR 21-109
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 55-89; Food, Lodging, and Recreation Safety
ch. ATCP 78
Regulation of recreational and educational camps and affecting small business
CR 21-110
Department of Administration (Adm)
Department of Administration [Gaming] (Game)
Department of Administration-Division of Personnel Management (ER)
ch. Adm 1
ch. Adm 2
ch. Adm 21
ch. Adm 30
ch. Adm 50
ch. Adm 89
ch. Adm 92
ch. Game 4
ch. ER 44
Updating terminology in administrative rules

Notices of Submittal of Rules to Legislature in Final Draft Form

Document
Agency
Chapter Groups
Chapters
Related to
CR 21-050
Department of Health Services (DHS)
ch. DHS 107
Complex rehabilitation technology prior authorization review
CR 21-063
Department of Natural Resources (NR)
Chs. NR 200-299; Environmental Protection – Wisconsin Pollutant Discharge Elimination System
ch. NR 229
Regulation of wastewater discharges from dental offices to sanitary sewers and affecting small business
CR 21-068
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
Chs. NR 500-599; Environmental Protection – Solid Waste Management
ch. NR 114
ch. NR 146
ch. NR 520
ch. NR 524
Allowing for third party administration of operator certification examinations and affecting small business

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
CR 21-006
Radiography Examining Board (RAD)
ch. RAD 7
Requirements for license and permit renewal and reinstatement
CR 21-032
Dentistry Examining Board (DE)
ch. DE 2
Reciprocal credentials for service members, former service members and their spouses

Emergency Rules Filed with Legislative Reference Bureau

Document
Agency
Chapter Groups
Chapters
Related to
EmR2130
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 25
Lake Michigan whitefish management and affecting small business
EmR2131
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 115
Screening newborns for congenital disorders

Executive Orders

Document
Related to
EO 148
A proclamation that the flag of the United States and the flag of the State of Wisconsin may be flown at half-staff in Marinette County as a mark of respect for Bryan G. Peth of the Town of Peshtigo Fire Department and the Wisconsin State Patrol
EO 149
A proclamation that the flag of the United States and the flag of the State of Wisconsin be flown at half-staff as a mark of respect for Wisconsin Department of Military Affairs Employee Chad P. Christiansen

Public Notices

Document
Agency
Related to
Public Notice: ARPA Rate Increase
Department of Health Services (DHS)
American Rescue Plan Act increases to fee-for-service Medical Assistance (MA) maximum fee rates for a number of Home and Community-Based services, effective January 1, 2022
Public Notice: Amended Notice of 2022 Ambulance Rates
Department of Health Services (DHS)
Rate adjustment to fee-for-service ambulance Medical Assistance (MA) maximum fee rates, effective January 1, 2022
Public Notice: Medicaid Reimbursement Increases
Department of Health Services (DHS)
Changes to the fee-for-service Medical Assistance (MA) maximum fee rates for a number of services pursuant to changes mandated in 2021 Wisconsin Act 58, the 2021–2023 biennial state budget.

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 20-043
Effective: January 1, 2022
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 130
ch. NR 131
ch. NR 132
ch. NR 182
Nonferrous metallic mineral exploration, bulk sampling, prospecting and mining and nonferrous mining waste management
CR 20-067
Effective: January 1, 2022
Department of Health Services (DHS)
Chs. DHS 1-19; Management and Technology and Strategic Finance
Chs. DHS 30-100; Community Services
Chs. DHS 110-199; Health
ch. DHS 12
ch. DHS 13
ch. DHS 36
ch. DHS 65
ch. DHS 92
ch. DHS 97
ch. DHS 98
ch. DHS 114
ch. DHS 125
ch. DHS 134
ch. DHS 143
ch. DHS 157
ch. DHS 190
ch. DHS 199
Biennial rule review
CR 20-068
Effective: January 1, 2022
Department of Health Services (DHS)
Chs. DHS 1-19; Management and Technology and Strategic Finance
Chs. DHS 30-100; Community Services
Chs. DHS 101-109; Medical Assistance
Chs. DHS 110-199; Health
ch. DHS 5
ch. DHS 10
ch. DHS 60
ch. DHS 61
ch. DHS 63
ch. DHS 88
ch. DHS 101
ch. DHS 103
ch. DHS 104
ch. DHS 105
ch. DHS 106
ch. DHS 107
ch. DHS 110
ch. DHS 124
ch. DHS 129
ch. DHS 134
ch. DHS 152
The use of inclusive language under 2019 Executive Order 15
CR 21-003
Effective: January 1, 2022
Psychology Examining Board (Psy)
ch. Psy 2
Discrimination based on arrest or conviction record
CR 21-009
Effective: January 1, 2022
Board of Nursing (N)
ch. N 1
Clinical learning experiences
CR 21-013
Effective: January 1, 2022
Accounting Examining Board (Accy)
ch. Accy 2
CPA examination completion deadline
CR 21-042
Effective: January 1, 2022
Department of Transportation (Trans)
ch. Trans 154
Odometer disclosure requirements
CR 21-052
Effective: January 1, 2022
Department of Children and Families (DCF)
Chs. DCF 201-252; Early Care and Education
ch. DCF 201
Self-employment policies for the child care subsidy program

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 Health Services (DHS), Chs. DHS 110-199; Health TOC
TOC
Department of Health Services (DHS), Chs. DHS 30-100; Community Services TOC
TOC
Department of Natural Resources (NR), Chs. NR 100-199; Environmental Protection – General TOC
Inserted
Accy 2
Individual Certification And Licensure
Inserted
DCF 150
Child Support Standard
Inserted
DCF 201
Child Care Subsidy Program
Inserted
DHS 5
Personnel Administration In Local Human Services Agencies
Inserted
DHS 10
Family Care
Inserted
DHS 12
Caregiver Background Checks
Inserted
DHS 13
Reporting And Investigation Of Caregiver Misconduct
Inserted
DHS 36
Comprehensive Community Services For Persons With Mental Disorders And Substance-Use Disorders
Inserted
DHS 60
Traffic And Conduct On State Treatment Institution Property
Inserted
DHS 61
Community Mental Health And Developmental Disabilities
Inserted
DHS 63
Community Support Programs For Chronically Mentally Ill Persons
Inserted
DHS 88
Licensed Adult Family Homes
Inserted
DHS 92
Confidentiality Of Treatment Records
Inserted
DHS 97
Complaint Procedures For Inmates Of The Wisconsin Resource Center
Inserted
DHS 98
Field Supervision Of Clients
Inserted
DHS 101
Introduction And Definitions
Inserted
DHS 103
Eligibility
Inserted
DHS 104
Recipient Rights And Duties
Inserted
DHS 105
Provider Certification
Inserted
DHS 106
Provider Rights And Responsibilities
Inserted
DHS 107
Covered Services
Inserted
DHS 110
Emergency Medical Services Licensing, Certification, And Training Requirements
Inserted
DHS 124
Hospitals
Inserted
DHS 125
Do-Not-Resuscitate Orders Directed At Emergency Health Care Personnel
Inserted
DHS 129
Certification Of Programs For Training And Testing Nurse Aides, Medication Aides And Feeding Assistants
Inserted
DHS 134
Facilities Serving People With Developmental Disabilities
Inserted
DHS 152
Reimbursement For Treatment Of Chronic Renal Disease
Inserted
DHS 157
Radiation Protection
Inserted
DHS 199
Tobacco Control Activities
Inserted
N 1
Approval For Schools Of Nursing
Inserted
NR 20
Fishing: Inland Waters; Outlying Waters
Inserted
NR 25
Commercial Fishing — Outlying Waters
Inserted
NR 130
Nonferrous Metallic Mineral Exploration And Bulk Sampling
Inserted
NR 131
Nonferrous Metallic Mineral Prospecting
Inserted
NR 132
Nonferrous Metallic Mineral Mining
Inserted
NR 182
Nonferrous Metallic Mineral Mining Waste Management
Inserted
NR 660
Hazardous Waste Management: General
Inserted
NR 663
Hazardous Waste Transporter Standards
Inserted
NR 664
Hazardous Waste Treatment, Storage And Disposal Facility Standards
Inserted
NR 666
Standards For Managing Specific Hazardous Wastes And Specific Types Of Hazardous Waste Management Facilities
Inserted
NR 679
Used Oil Management Standards
Inserted
Psy 2
Requirements For Examination And Licensure Of Psychologists
Inserted
Trans 154
Vehicle Odometer Disclosure Requirements

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
Accy 2
Individual Certification And Licensure
Removed
DCF 150
Child Support Standard
Removed
DCF 201
Child Care Subsidy Program
Removed
DHS 5
Personnel Administration In Local Human Services Agencies
Removed
DHS 10
Family Care
Removed
DHS 12
Caregiver Background Checks
Removed
DHS 13
Reporting And Investigation Of Caregiver Misconduct
Removed
DHS 36
Comprehensive Community Services For Persons With Mental Disorders And Substance-Use Disorders
Removed
DHS 60
Traffic And Conduct On State Treatment Institution Property
Removed
DHS 61
Community Mental Health And Developmental Disabilities
Removed
DHS 63
Community Support Programs For Chronically Mentally Ill Persons
Removed
DHS 65
Supportive Services For Families With Disabled Children
Removed
DHS 88
Licensed Adult Family Homes
Removed
DHS 92
Confidentiality Of Treatment Records
Removed
DHS 97
Complaint Procedures For Inmates Of The Wisconsin Resource Center
Removed
DHS 98
Field Supervision Of Clients
Removed
DHS 101
Introduction And Definitions
Removed
DHS 103
Eligibility
Removed
DHS 104
Recipient Rights And Duties
Removed
DHS 105
Provider Certification
Removed
DHS 106
Provider Rights And Responsibilities
Removed
DHS 107
Covered Services
Removed
DHS 110
Emergency Medical Services Licensing, Certification, And Training Requirements
Removed
DHS 114
Neonatal Intensive Care Unit Training Grants
Removed
DHS 124
Hospitals
Removed
DHS 125
Do-Not-Resuscitate Orders Directed At Emergency Health Care Personnel
Removed
DHS 129
Certification Of Programs For Training And Testing Nurse Aides, Medication Aides And Feeding Assistants
Removed
DHS 134
Facilities Serving People With Developmental Disabilities
Removed
DHS 143
Hearing Impaired Children
Removed
DHS 152
Reimbursement For Treatment Of Chronic Renal Disease
Removed
DHS 157
Radiation Protection
Removed
DHS 190
Institution Sanitation
Removed
DHS 199
Tobacco Control Activities
Removed
N 1
Approval For Schools Of Nursing
Removed
NR 20
Fishing: Inland Waters; Outlying Waters
Removed
NR 25
Commercial Fishing — Outlying Waters
Removed
NR 130
Nonferrous Metallic Mineral Exploration
Removed
NR 131
Nonferrous Metallic Mineral Prospecting
Removed
NR 132
Nonferrous Metallic Mineral Mining
Removed
NR 182
Nonferrous Metallic Mineral Mining Wastes
Removed
NR 660
Hazardous Waste Management: General
Removed
NR 663
Hazardous Waste Transporter Standards
Removed
NR 664
Hazardous Waste Treatment, Storage And Disposal Facility Standards
Removed
NR 666
Standards For Managing Specific Hazardous Wastes And Specific Types Of Hazardous Waste Management Facilities
Removed
NR 679
Used Oil Management Standards
Removed
Psy 2
Requirements For Examination And Licensure Of Psychologists
Removed
Trans 154
Vehicle Odometer Disclosure Requirements

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.