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

Wisconsin Administrative Register No. 798B

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

Publication Date: June 27, 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
EmR2207
Expires: November 2, 2022
Department of Justice (Jus)
ch. Jus 20
Storage and processing of sexual assault kits
EmR2206
Expires: April 1, 2023, or until the date on which permanent rules take effect, whichever is sooner
Physician Assistant Affiliated Credentialing Board (PA)
ch. PA 1
ch. PA 2
ch. PA 3
ch. PA 4
ch. PA 5
Physician assistants
EmR2205
Expires: August 1, 2022
Department of Military Affairs [Emergency Management] (WEM)
ch. WEM 7
Eligibility criteria for disaster funds authorized by s. 323.31
EmR2204
Expires: July 28, 2022
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: August 12, 2022
First Extension
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: August 18, 2022
First Extension
Department of Veterans Affairs (VA)
ch. VA 2
Employment and entrepreneurship (EE) grants transition program
EmR2130
Expires: July 29, 2022
First 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
EmR2129
Expires: July 2, 2022
First Extension
Department of Public Instruction (PI)
ch. PI 11
Specific learning disability evaluations in and homeschool and private school settings
EmR2128
Expires: July 1, 2022
Second Extension
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
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
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
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
ch. NR 24
ch. NR 25
ch. NR 26
Changes to fishing regulations on inland, outlying and boundary waters (the 2023 Fisheries Management Spring Hearings rule)
Pharmacy Examining Board (Phar)
ch. Phar 1
ch. Phar 5
ch. Phar 7
ch. Phar 10
ch. Phar 19
Registration of pharmacy technicians
Pharmacy Examining Board (Phar)
ch. Phar 1
ch. Phar 5
ch. Phar 6
ch. Phar 7
ch. Phar 8
Remote dispensing

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
Department of Revenue (Tax)
ch. Tax 1
ch. Tax 2
ch. Tax 4
ch. Tax 7
ch. Tax 8
ch. Tax 9
ch. Tax 11
ch. Tax 14
Income, franchise, excise, sales, and use tax
Department of Justice (Jus)
ch. Jus 20
Storage and processing of sexual assault kits

Notices of Submittal of Rules to Legislature in Final Draft Form

Document
Agency
Chapter Groups
Chapters
Related to
Department of Natural Resources (NR)
Chs. NR 500-599; Environmental Protection – Solid Waste Management
ch. NR 500
ch. NR 502
ch. NR 520
ch. NR 530
Electronics recycling program requirements

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
Chs. NR 200-299; Environmental Protection – Wisconsin Pollutant Discharge Elimination System
ch. NR 102
ch. NR 105
ch. NR 106
ch. NR 219
Surface water quality criteria and analytical methods for poly- and perfluoroalkyl substances (PFAS) including PFOS, PFOA, and any other PFAS for the purpose of protecting public health, and the procedures in the Wisconsin Pollutant Discharge Elimination System (“WPDES”) permitting program to implement the new water quality criteria
Department of Natural Resources (NR)
Chs. NR 800- ; Environmental Protection – Water Supply
ch. NR 809
The promulgation of new drinking water maximum contaminant levels for Per- and Polyfluoroalkyl Substances (PFAS) including Perfluorooctanesulfonic acid (PFOS) and Perfluorooctanoic acid (PFOA)
Department of Public Instruction (PI)
ch. PI 34
Grade ranges for school administrators and speech-language pathologists
Department of Public Instruction (PI)
ch. PI 24
Calculation of aid under the achievement gap reduction program
Department of Public Instruction (PI)
ch. PI 34
Tier I, 3-year school district-sponsored license with stipulations

Executive Orders

Document
Related to
Relating to declaring a period of abnormal economic disruption and prohibiting price gouging of gasoline and diesel fuel

Public Notices

Document
Agency
Related to
Department of Health Services (DHS)
The amount that a health care provider may charge for providing copies of a patient’s health care records
Department of Health Services (DHS)
State of Wisconsin Medicaid Nursing Facility Payment Plan: July 1, 2022 through June 30, 2023

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 21-004
Effective: July 1, 2022
Optometry Examining Board (Opt)
ch. Opt 3
Reciprocal credentials for service members, former service members, and their spouses
CR 21-005
Effective: July 1, 2022
Optometry Examining Board (Opt)
ch. Opt 1
ch. Opt 5
Unprofessional conduct
CR 21-048
Effective: July 1, 2022
Radiography Examining Board (RAD)
ch. RAD 2
ch. RAD 3
Requirements for licenses and permits
CR 21-054
Effective: July 1, 2022
Radiography Examining Board (RAD)
ch. RAD 4
Scope of practice
CR 21-065
Effective: July 1, 2022
Chiropractic Examining Board (Chir)
ch. Chir 5
Continuing education
CR 21-075
Effective: July 1, 2022
Department of Military Affairs (DMA)
ch. DMA 2
Establishment of eligibility criteria and appropriate purposes for competitive grants to local public safety answering points
CR 21-079
Effective: July 1, 2022
Physical Therapy Examining Board (PT)
ch. PT 5
Supervision of physical therapist assistants
CR 21-087
Effective: July 1, 2022
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 129
Nurse aide training program requirements
CR 21-097
Effective: July 1, 2022
Department of Workforce Development (DWD)
Chs. DWD 218-225; Civil Rights
ch. DWD 226
Bone marrow donation leave and organ donation leave
CR 21-102
Effective: July 1, 2022
Department of Public Instruction (PI)
ch. PI 11
Specific learning disability evaluations in and homeschool and private school settings
CR 21-103
Effective: July 1, 2022
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 19
Amending the list of date-regulated wild rice harvesting waters in s. NR 19.09 (4)
CR 21-107
Effective: July 1, 2022
Department of Children and Families (DCF)
Chs. DCF 1-20; General
Chs. DCF 021-99; Safety and Permanence
ch. DCF 12
ch. DCF 13
ch. DCF 39
ch. DCF 40
ch. DCF 50
ch. DCF 52
ch. DCF 55
ch. DCF 56
ch. DCF 58
ch. DCF 59
Technical corrections and minor updates to child welfare rules
CR 21-110
Effective: July 1, 2022
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
CR 22-003
Effective: July 1, 2022
Department of Administration (Adm)
ch. Adm 70
Updating standards to implement the Uniform Real Property Electronic Recording Act
CR 22-008
Effective: July 1, 2022
Department of Workforce Development (DWD)
Chs. DWD 60-75; Vocational Rehabilitation
ch. DWD 65
ch. DWD 68
ch. DWD 75
The business enterprise program for blind business operators; the order of selection for vocational rehabilitation services; the protection, use, and release of personal information; and the appeal procedures for vocational rehabilitation services.
CR 22-010
Effective: July 1, 2022
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 102
ch. DWD 103
ch. DWD 111
ch. DWD 132
ch. DWD 147
ch. DWD 149
ch. DWD 150
Converting Standard Industrial Classification (SIC) code references to the North American Industry Classification System (NAICS) codes and making minor and technical updates

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
Parking
Inserted
Use Of State Buildings And Facilities
Inserted
Advertising, Bidding And Award Of Construction Contracts
Inserted
Payroll Deductions For Charitable Purposes
Inserted
Contract Compliance
Inserted
Electronic Recording Of Documents In Wisconsin County Register Of Deeds Offices
Inserted
Housing Cost Grants And Loans
Inserted
Relocation Assistance
Inserted
Continuing Education
Inserted
Background Checks for Child Welfare Programs
Inserted
Background Checks For Child Care Programs
Inserted
Relinquishing Custody Of A Newborn Child
Inserted
Review Of A Determination Of Child Abuse Or Neglect
Inserted
Facilitating Public Adoptions And Adoption Assistance
Inserted
Residential Care Centers For Children And Youth
Inserted
Subsidized Guardianship
Inserted
Foster Home Care For Children
Inserted
Kinship Care And Long-Term Kinship Care
Inserted
Shelter Care Facilities
Inserted
Certification Of Programs For Training And Testing Nurse Aides, Medication Aides And Feeding Assistants
Inserted
Competitive Grants For Public Safety Answering Points
Inserted
Order Of Selection For Vocational Rehabilitation Services
Inserted
Confidential Information
Inserted
Appeal Procedures For Persons Applying For Or Receiving Vocational Rehabilitation Services
Inserted
Contribution Rates
Inserted
Excluded Employments
Inserted
Quarterly Wage Reporting Procedures
Inserted
Determining Eligibility For Benefits
Inserted
Seasonal Agricultural Employers
Inserted
Disclosure Of Unemployment Insurance Records
Inserted
Forms
Inserted
Bone Marrow And Organ Donor Leave
Inserted
Employee Development And Training
Inserted
Duties And Responsibilities Of Associations And Racetrack Operators
Inserted
Storage And Processing Of Sexual Assault Kits
Inserted
Miscellaneous Fur, Fish, Game And Outdoor Recreation
Inserted
Analytical Test Methods And Procedures
Inserted
Authority And Definitions
Inserted
Licensure
Inserted
Unprofessional Conduct
Inserted
Children With Disabilities
Inserted
Physical Therapist Assistants, Unlicensed Personnel, And Students
Inserted
Requirements For Radiographer License
Inserted
Requirements For Limited X-Ray Machine Operator (LXMO) Permit
Inserted
Scope Of Practice

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
Parking
Removed
Use Of State Buildings And Facilities
Removed
Advertising, Bidding And Award Of Construction Contracts
Removed
Payroll Deductions For Charitable Purposes
Removed
Contract Compliance
Removed
Electronic Recording Of Documents In Wisconsin County Register Of Deeds Offices
Removed
Housing Cost Grants And Loans
Removed
Relocation Assistance
Removed
Continuing Education
Removed
Background Checks for Child Welfare Programs
Removed
Background Checks For Child Care Programs
Removed
Relinquishing Custody Of A Newborn Child
Removed
Review Of A Determination Of Child Abuse Or Neglect
Removed
Facilitating Public Adoptions And Adoption Assistance
Removed
Residential Care Centers For Children And Youth
Removed
Subsidized Guardianship
Removed
Foster Home Care For Children
Removed
Kinship Care And Long-Term Kinship Care
Removed
Shelter Care Facilities
Removed
Certification Of Programs For Training And Testing Nurse Aides, Medication Aides And Feeding Assistants
Removed
Order Of Selection For Vocational Rehabilitation Services
Removed
Confidential Information
Removed
Appeal Procedures For Persons Applying For Or Receiving Vocational Rehabilitation Services
Removed
Contribution Rates
Removed
Excluded Employments
Removed
Quarterly Wage Reporting Procedures
Removed
Determining Eligibility For Benefits
Removed
Seasonal Agricultural Employers
Removed
Disclosure Of Unemployment Insurance Records
Removed
Miscellaneous
Removed
Employee Development And Training
Removed
Duties And Responsibilities Of Associations And Racetrack Operators
Removed
Miscellaneous Fur, Fish, Game And Outdoor Recreation
Removed
Analytical Test Methods And Procedures
Removed
Authority And Definitions
Removed
Licensure
Removed
Unprofessional Conduct
Removed
Children With Disabilities
Removed
Physical Therapist Assistants, Unlicensed Personnel, And Students
Removed
Requirements For Radiographer License
Removed
Requirements For Limited X-Ray Machine Operator (LXMO) Permit
Removed
Scope Of Practice

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.