Skip navigation Wisconsin State Legislature
This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.

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

Wisconsin Administrative Register No. 766B

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

Publication Date: October 28, 2019
Subscribe to receive email notification of changes to Administrative Code chapters or of selected notices published in the Administrative Register.

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
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
SS 107-19
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 107
Covered services

Notices of Public Hearing and Comment Period for Statements of Scope

Document
Agency
Chapter Groups
Chapters
Related to
SS 021-19 Notice of Preliminary Hearing
Radiography Examining Board (RAD)
ch. RAD 7
Requirements for license and permit renewal and reinstatement
SS 077-19 Notice of Preliminary Hearing (1)
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 151
ch. NR 243
Targeted performance standards and prohibitions to abate pollution of groundwater by nitrate in sensitive areas
SS 089-19 Notice of Hearing
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)
SS 090-19 Notice of Hearing
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 140
Numerical standards to minimize the concentration of polluting substances in groundwater
SS 091-19 Notice of Hearing
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 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
SS 093-19 Notice of Hearing
Department of Natural Resources (NR)
Chs. NR 500-599; Environmental Protection – Solid Waste Management
ch. NR 502
ch. NR 520
ch. NR 530
Electronics recycling program requirements
SS 094-19 Notice of Preliminary Hearing
Accounting Examining Board (Accy)
ch. Accy 2
Examinations
SS 101-19 Notice of Preliminary Hearing
Department of Safety and Professional Services (SPS)
Chs. SPS 301-399 ; Safety, Buildings, and Environment
Chs. SPS 361-366; Commercial Building Code
ch. SPS 302
ch. SPS 305
ch. SPS 314
ch. SPS 361
ch. SPS 362
ch. SPS 363
ch. SPS 364
ch. SPS 365
ch. SPS 366
Inspection of fire and smoke dampers

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
CR 19-133
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Black bear management
CR 19-134
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 25
Commercial fisheries of whitefish in Lake Michigan

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
CR 19-133
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Black bear management
CR 19-134
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 25
Commercial fisheries of whitefish in Lake Michigan

Notices of Submittal of Rules to Legislature in Final Draft Form

Document
Agency
Chapter Groups
Chapters
Related to
CR 17-063
Department of Financial Institutions (DFI)
Chs. DFI-CU 51-75; Department of Financial Institutions-Credit Unions
ch. DFI-CU 72
Commercial and member business loans
CR 17-084
Veterinary Examining Board (VE)
ch. VE 7
The provision of complementary, alternative, and integrative therapies, and affecting small business
CR 18-066
Department of Health Services (DHS)
Chs. DHS 30-100; Community Services
ch. DHS 95
Control and custody of Chapter 980, Wis. Stats., patients
CR 19-106
Department of Financial Institutions (DFI)
Chs. DFI-CCS 1-20; Department of Financial Institutions-Corporate and Consumer Services
ch. DFI-CCS 10
Fees associated with Wisconsin's Revised Uniform Partnership Act
CR 19-114
Department of Safety and Professional Services (SPS)
Chs. SPS 1-29; Procedures, Miscellaneous
ch. SPS 6
ch. SPS 8
Uniform disciplinary procedures for the department and all affiliated credentialing boards

Executive Orders

Document
Related to
EO 52
Creation of the governor's task force on climate change
EO 53
A special election for the 7th Congressional District and amending executive order #46
EO 54
A special session of the legislature

Public Notices

Document
Agency
Related to
Public Notice: Medicaid Personal Care Services Reimbursement
Department of Health Services (DHS)
Medical assistance personal care services maximum allowable fee modification
Public Notice: Notice Soliciting Comments Regarding an Economic Impact Analysis
Department of Natural Resources (NR)
The 2019 Bureau of Wildlife Management housekeeping rule

Guidance Documents

Agency
Department of Agriculture, Trade and Consumer Protection (ATCP)
Department of Children and Families (DCF)
Department of Health Services (DHS)
Department of Natural Resources (NR)
Department of Public Instruction (PI)
Department of Revenue (Tax)
Department of Transportation (Trans)
Department of Workforce Development (DWD)

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 16-069
Effective: November 1, 2019
Department of Transportation (Trans)
ch. Trans 400
Wisconsin environmental policy act
CR 17-092
Effective: November 1, 2019
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
ch. ATCP 93
Flammable, combustible and hazardous liquids in Wisconsin
CR 18-010
Effective: November 1, 2019
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Elk management
CR 18-020
Effective: November 1, 2019
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP 20
Seed labeling and sale: addition of palmer amaranth and waterhemp as listed prohibited noxious weed seeds
CR 18-032
Effective: November 1, 2019
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 10-19; Animal Health
ch. ATCP 16
Dog sellers and dog facility operator licensing requirements and affecting small business
CR 18-050
Effective: November 1, 2019
Board of Nursing (N)
ch. N 8
Advance practice nurse prescribers collaboration with dentists
CR 18-062
Effective: November 1, 2019
Department of Corrections (DOC)
ch. DOC 328
Adult field supervision
CR 18-081
Effective: November 1, 2019
Department of Revenue (Tax)
ch. Tax 2
Income and franchise tax provisions
CR 18-082
Effective: November 1, 2019
Athletic Trainers Affiliated Credentialing Board (AT)
ch. AT 1
ch. AT 2
ch. AT 3
ch. AT 4
Practice of athletic trainers
CR 18-101
Effective: November 1, 2019
Medical Examining Board (Med)
ch. Med 20
Respiratory care practitioners
CR 19-030
Effective: November 1, 2019
Department of Revenue (Tax)
ch. Tax 12
Assessor certification

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 Agriculture, Trade and Consumer Protection (ATCP), Chs. ATCP 90-139; Trade and Consumer Protection TOC
Inserted
AT 1
General Requirements And Procedures
Inserted
AT 2
Athletic Trainer License
Inserted
AT 3
Continuing Education
Inserted
AT 4
Evaluation And Treatment Protocol
Inserted
ATCP 16
Dog Sellers And Dog Facility Operators
Inserted
ATCP 20
Seed Labeling And Sale
Inserted
ATCP 93
Flammable, Combustible, And Hazardous Liquids
Inserted
DOC 328
Community Supervision Of Offenders
Inserted
Med 20
Respiratory Care Practitioners
Inserted
N 8
Certification Of Advanced Practice Nurse Prescribers
Inserted
NR 10
Game And Hunting
Inserted
Tax 2
Income Taxation, Returns, Records And Gross Income
Inserted
Tax 12
Property Tax
Inserted
Trans 400
Wisconsin Environmental Policy Act Procedures For Department Actions
Inserted
VA 6
Wisconsin Veterans Homes

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
AT 1
General Requirements And Procedures
Removed
AT 2
Athletic Trainer License
Removed
AT 3
Continuing Education
Removed
AT 4
Evaluation And Treatment Protocol
Removed
ATCP 16
Dog Sellers And Dog Facility Operators
Removed
ATCP 20
Seed Labeling And Sale
Removed
ATCP 93
Flammable, Combustible And Hazardous Liquids
Removed
DOC 328
Community Supervision Of Offenders
Removed
Med 20
Respiratory Care Practitioners
Removed
N 8
Certification Of Advanced Practice Nurse Prescribers
Removed
NR 10
Game And Hunting
Removed
Tax 2
Income Taxation, Returns, Records And Gross Income
Removed
Tax 12
Property Tax
Removed
Trans 400
Wisconsin Environmental Policy Act Procedures For Department Actions
Removed
VA 6
Wisconsin Veterans Homes

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.