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Wisconsin Administrative Register No. 794B

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

Publication Date: February 28, 2022
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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
EmR2204
Pending: Effective March 1, 2022
First Appearance
Department of Workforce Development (DWD)
Ch. DWD 301; Migrant Labor
ch. DWD 301
COVID-19 protections for migrant workers
EmR2203
Expires: July 13, 2022
Department of Revenue (Tax)
ch. Tax 3
The active duty military pay subtraction
EmR2202
Expires: June 13, 2022
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 131-139; Home Inspection
ch. SPS 131
Home inspections and home inspector education
EmR2201
Expires: June 19, 2022
Department of Veterans Affairs (VA)
ch. VA 2
Employment and entrepreneurship (EE) grants transition program
EmR2131
Expires: June 8, 2022
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 115
Screening newborns for congenital disorders
EmR2130
Expires: May 30, 2022
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
EmR2121
Expires: May 1, 2022
Second 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: April 18, 2022
Second 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
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
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 014-22
Law Enforcement Standards Board (LES)
ch. LES 3
Hours of preparatory training for law enforcement, tribal law enforcement, jail, and secure detention officers
SS 015-22
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling 4,4’-Dimethylaminorex
SS 016-22
Department of Transportation (Trans)
ch. Trans 105
Licensing of driver schools and instructors

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
CR 22-019
Department of Health Services (DHS)
Chs. DHS 30-100; Community Services
ch. DHS 77
Service fund for people who are deaf, deafblind or hard of hearing

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
CR 22-018
Podiatry Affiliated Credentialing Board (Pod)
ch. Pod 1
ch. Pod 2
Licensure and unprofessional conduct

Notices of Submittal of Rules to Legislature in Final Draft Form

Document
Agency
Chapter Groups
Chapters
Related to
CR 21-087
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 129
Nurse aide training program requirements
CR 21-106
Office of the Commissioner of Insurance (Ins)
ch. Ins 40
Holding company system regulation amendments

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
CR 21-058
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 19
ch. NR 20
ch. NR 21
ch. NR 22
ch. NR 23
Minor changes to fishing regulations on inland, outlying and boundary waters

Emergency Rules Filed with Legislative Reference Bureau

Document
Agency
Chapter Groups
Chapters
Related to
EmR2204
Department of Workforce Development (DWD)
Ch. DWD 301; Migrant Labor
ch. DWD 301
COVID-19 protections for migrant workers

Executive Orders

Document
Related to
EO 157
The creation of the Governor's Blue Ribbon Commission on Veteran Opportunity
EO 158
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 former State Representative Daniel Roy LeMahieu

Public Notices

Document
Agency
Related to
Public Notice: Final Rule Adopted Under s. 186.118 (3) (b), Stats.
Department of Financial Institutions (DFI)
Authorized incidental powers activities, pursuant to s. 186.118, Stats.

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 21-022
Effective: March 1, 2022
Department of Natural Resources (NR)
Chs. NR 400-499; Environmental Protection – Air Pollution Control
ch. NR 404
ch. NR 407
ch. NR 408
ch. NR 428
ch. NR 484
Incorporation of the 2015 national ambient air quality standards for ozone
CR 21-026
Effective: March 1, 2022
Department of Natural Resources (NR)
Chs. NR 300-399; Environmental Protection – Water Regulation
ch. NR 350
Wetland mitigation
CR 21-046
Effective: March 1, 2022
Department of Public Instruction (PI)
ch. PI 35
ch. PI 48
ch. PI 49
Parental Choice and Special Needs Scholarship Programs offsetting revenue, statements of actual cost, and affecting small business
CR 21-057
Effective: January 1, 2023
Department of Financial Institutions (DFI)
Chs. DFI-Sec 1-36; Department of Financial Institutions-Securities
ch. DFI-Sec 11
Continuing education requirements for investment adviser representatives
CR 21-084
Effective: March 1, 2022
Psychology Examining Board (Psy)
ch. Psy 2
ch. Psy 3
ch. Psy 4
Private practice school psychologist license, requirements for reciprocal candidates, and ABPP diploma exemption

Legislative Acts Modifying or Repealing Rules

Document
Agency
Chapter Groups
Chapters
Related to
2021 Wisconsin Act 125
Effective: February 6, 2022
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 107
Modifying an administrative rule to eliminate prior authorization for enteral products administered through a tube

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 Financial Institutions (DFI), Chs. DFI-Sec 1-36; Department of Financial Institutions-Securities TOC
TOC
Psychology Examining Board (Psy) TOC
Inserted
ATCP 93
Flammable, Combustible, And Hazardous Liquids
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
DFI-Sec 11
Investment Adviser Representative Continuing Education
Inserted
DHS 107
Covered Services
Inserted
NR 350
Wetland Compensatory Mitigation
Inserted
NR 404
Ambient Air Quality
Inserted
NR 407
Operation Permits
Inserted
NR 408
Construction Permits For Direct Major Sources In Nonattainment Areas
Inserted
NR 428
Control Of Nitrogen Compound Emissions
Inserted
NR 484
Incorporation By Reference
Inserted
PI 35
Milwaukee Parental Choice Program
Inserted
PI 48
Racine And Wisconsin Parental Choice Programs
Inserted
PI 49
Special Needs Scholarship Program
Inserted
Psy 2
Requirements For Examination And Licensure Of Psychologists
Inserted
Psy 4
Requirements For Renewal and Continuing Education

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
ATCP 93
Flammable, Combustible, And Hazardous Liquids
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 107
Covered Services
Removed
NR 350
Wetland Compensatory Mitigation
Removed
NR 404
Ambient Air Quality
Removed
NR 407
Operation Permits
Removed
NR 408
Construction Permits For Direct Major Sources In Nonattainment Areas
Removed
NR 428
Control Of Nitrogen Compound Emissions
Removed
NR 484
Incorporation By Reference
Removed
PI 35
Milwaukee Parental Choice Program
Removed
PI 48
Racine And Wisconsin Parental Choice Programs
Removed
PI 49
Special Needs Scholarship Program
Removed
Psy 2
Requirements For Examination And Licensure Of Psychologists
Removed
Psy 3
Requirements For The Private Practice Of School Psychology
Removed
Psy 4
Requirements For Renewal and Continuing Education

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.