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Wisconsin Administrative Register No. 778B

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

Publication Date: October 26, 2020
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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
EmR2038
Pending: Effective December 1, 2020
First Appearance
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
Pending: Effective October 27, 2020
First Appearance
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling flualprazolam
EmR2036
Expires: March 22, 2021
First Appearance
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
Pending: Effective November 2, 2020
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: January 30, 2021
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: February 4, 2021
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: January 22, 2021
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 110
Emergency medical services licensure, certification, and staffing requirements
EmR2030
Expires: January 23, 2021
Department of Veterans Affairs (VA)
ch. VA 2
Veterans assistance grants
EmR2029
Expires: January 6, 2021
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
EmR2028
Expires: January 21, 2021
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Establishing the 2020 migratory bird season framework and regulations
EmR2027
Expires: January 10, 2021
Board of Regents of the University of Wisconsin System (UWS)
ch. UWS 17
Nonacademic student misconduct
EmR2026
Expires: January 10, 2021
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: January 10, 2021
Board of Regents of the University of Wisconsin System (UWS)
ch. UWS 7
Procedures for dismissal of faculty in special cases
EmR2024
Expires: January 10, 2021
Board of Regents of the University of Wisconsin System (UWS)
ch. UWS 4
Procedures for dismissal of faculty
EmR2023
Expires: February 27, 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 305
Continuing education
EmR2022
Expires: January 2, 2021
Accounting Examining Board (Accy)
ch. Accy 2
Candidates for certification
EmR2021
Expires: December 19, 2020
Dentistry Examining Board (DE)
ch. DE 2
Temporary licenses
EmR2020
Expires: December 4, 2020
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: December 3, 2020
Funeral Directors Examining Board (FD)
ch. FD 1
Certification courses for funeral director apprentices
EmR2018
Expires: November 25, 2020
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
EmR2016
Expires: In effect until the expiration of the pilot program pursuant to Section 7605 (b) of the Agricultural Improvement Act of 2018, or the date on which emergency rules implementing an USDA-approved state plan, promulgated pursuant to 2019 Act 68, section 38, take effect, whichever is sooner.
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP 22
Hemp and affecting small businesses
EmR2015
Expires: November 19, 2020
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: November 8, 2020
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
EmR2012
Expires: November 1, 2020
Department of Veterans Affairs (VA)
ch. VA 2
The assistance to needy veterans grant program
EmR2011
Expires: December 31, 2020
First 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
EmR2009
Expires: December 14, 2020
First Extension
Department of Children and Families (DCF)
Chs. DCF 021-99; Safety and Permanence
Chs. DCF 101-199; Family and Economic Security
Chs. DCF 201-252; Early Care and Education
ch. DCF 52
ch. DCF 54
ch. DCF 56
ch. DCF 57
ch. DCF 59
ch. DCF 152
ch. DCF 202
DCF rule suspensions and modifications related to COVID-19
EmR2006
Expires: December 4, 2020
First Extension
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 127
ch. DWD 128
Work search actions, availability for work, and work available for people filing claims with the unemployment insurance program during the COVID-19 pandemic
EmR2004
Expires: November 26, 2020
First Extension
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Minocqua Chain walleye harvest regulations
EmR2001
Expires: November 20, 2020
Second Extension
Department of Workforce Development (DWD)
ch. DWD 802
Technical education equipment grants under the Wisconsin Fast Forward Program
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 138-20
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 105
ch. DHS 107
Overdose treatment provider certification and covered services
SS 139-20
Cosmetology Examining Board (Cos)
ch. Cos 2
ch. Cos 3
ch. Cos 5
ch. Cos 8
Scope of practice, mobile establishments, and distance learning
SS 140-20
Department of Safety and Professional Services (SPS)
Chs. SPS 301-399 ; Safety, Buildings, and Environment
Chs. SPS 301-319; General, Part I
Chs. SPS 320-325; Uniform Dwelling Code
Chs. SPS 361-366; Commercial Building Code
Chs. SPS 380-387; Plumbing
ch. SPS 302
ch. SPS 305
ch. SPS 325
ch. SPS 361
ch. SPS 362
ch. SPS 363
ch. SPS 364
ch. SPS 365
ch. SPS 366
ch. SPS 381
ch. SPS 382
ch. SPS 383
ch. SPS 384
ch. SPS 385
ch. SPS 386
ch. SPS 387
Plumbing and plumbing products

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
CR 20-054
Physical Therapy Examining Board (PT)
ch. PT 1
Reciprocal credentials for service members, former service members, and their spouses
CR 20-055
Physical Therapy Examining Board (PT)
ch. PT 1
ch. PT 5
Supervision of students
CR 20-056
Physical Therapy Examining Board (PT)
ch. PT 1
ch. PT 2
ch. PT 3
ch. PT 4
ch. PT 5
ch. PT 7
Implementation of physical therapy licensure compact

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
CR 20-047
Department of Health Services (DHS)
Chs. DHS 30-100; Community Services
ch. DHS 75
Community substance abuse service standards
CR 20-054
Physical Therapy Examining Board (PT)
ch. PT 1
Reciprocal credentials for service members, former service members, and their spouses
CR 20-055
Physical Therapy Examining Board (PT)
ch. PT 1
ch. PT 5
Supervision of students
CR 20-056
Physical Therapy Examining Board (PT)
ch. PT 1
ch. PT 2
ch. PT 3
ch. PT 4
ch. PT 5
ch. PT 7
Implementation of physical therapy licensure compact

Notices of Submittal of Rules to Legislature in Final Draft Form

Document
Agency
Chapter Groups
Chapters
Related to
CR 20-010
Ethics Commission (ETH)
ch. ETH 1
Campaign finance
CR 20-019
Ethics Commission (ETH)
ch. ETH 26
Ethics Commission settlement schedule

Emergency Rules Filed with Legislative Reference Bureau

Document
Agency
Chapter Groups
Chapters
Related to
EmR2036
Funeral Directors Examining Board (FD)
ch. FD 1
ch. FD 4
Education requirements for licensure and continuing education requirements
EmR2037
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling flualprazolam
EmR2038
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

Public Notices

Document
Agency
Related to
Public Notice: Amended Notice of Public Hearing Regarding SeniorCare Prescription Drug Assistance Program
Department of Health Services (DHS)
An amendment of its section 1115 research and demonstration project waiver, known as the SeniorCare Prescription Drug Assistance Program
Public Notice: Amendment to BadgerCare Reform Demonstration Waiver
Department of Health Services (DHS)
Application to the Centers for Medicare and Medicaid Services (CMS) requesting an amendment to certain provisions of its Section 1115 Demonstration Waiver
Public Notice: Notice of Nonacquiescence
Department of Workforce Development (DWD)
The matter of Trang H. Nguyen, Nail Tex UI Dec. Hearing No. S1800214EC

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 16-045
Effective: November 1, 2020
Department of Transportation (Trans)
ch. Trans 201
ch. Trans 202
Wisconsin Scenic Byway Program
CR 18-065
Effective: November 1, 2020
Department of Transportation (Trans)
ch. Trans 3
ch. Trans 4
ch. Trans 6
ch. Trans 8
Administration of grant programs to administer federal and state funds for local public transit services
CR 19-073
Effective: November 1, 2020
Department of Transportation (Trans)
ch. Trans 2
Elderly and disabled transportation capital assistance program
CR 19-074
Effective: November 1, 2020 and July 15, 2023
Department of Transportation (Trans)
ch. Trans 309
Ambulance inspection
CR 19-109
Effective: November 1, 2020
Athletic Trainers Affiliated Credentialing Board (AT)
ch. AT 2
Requirements for license renewal and reinstatement
CR 19-159
Effective: November 1, 2020
Department of Children and Families (DCF)
Chs. DCF 021-99; Safety and Permanence
ch. DCF 58
Kinship care and long-term kinship care

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 Children and Families (DCF), Chs. DCF 021-99; Safety and Permanence TOC
TOC
Department of Transportation (Trans) TOC
Inserted
AT 2
Athletic Trainer License
Inserted
ATCP 75
Retail Food Establishments
Inserted
DCF 58
Kinship Care And Long-Term Kinship Care
Inserted
Ins 6
General
Inserted
Trans 2
Enhanced Mobility For Seniors And Individuals With Disabilities Grant Program
Inserted
Trans 3
Urban Mass Transit Operating Assistance Program; Procedures For Counting Passenger Trips
Inserted
Trans 4
Urban Mass Transit Operating Assistance Program
Inserted
Trans 6
Rural And Small Urban Area Public Transportation Assistance Program
Inserted
Trans 8
Allocation Of Federal Public Transit Assistance Program Funds To Urbanized Areas Under 200,000 Population
Inserted
Trans 201
Control Of Outdoor Advertising Along And Visible From Highways On The Interstate And Federal-Aid Primary Systems
Inserted
Trans 202
Wisconsin Scenic Byways Program
Inserted
Trans 309
Ambulance Inspection

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 2
Athletic Trainer License
Removed
ATCP 75
Retail Food Establishments
Removed
DCF 58
Eligibility For The Kinship Care And Long-Term Kinship Care Program
Removed
Ins 6
General
Removed
Trans 2
Elderly And Disabled Transportation Capital Assistance Program
Removed
Trans 3
Urban Mass Transit Operating Assistance Program; Procedures For Counting Passenger Trips
Removed
Trans 4
Urban Mass Transit Operating Assistance Program
Removed
Trans 6
Rural And Small Urban Area Public Transportation Assistance Program
Removed
Trans 8
Allocation Of Federal Public Transit Assistance Program Funds To Urbanized Areas Under 200,000 Population
Removed
Trans 201
Control Of Outdoor Advertising Along And Visible From Highways On The Interstate And Federal-Aid Primary Systems
Removed
Trans 202
Wisconsin Scenic Byways Program
Removed
Trans 309
Ambulance Inspection

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.