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

Wisconsin Administrative Register No. 795B

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

Publication Date: March 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
EmR2206
Pending: Effective April 1, 2022
First Appearance
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: 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
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: May 17, 2022
Second 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)
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 022-22
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 542
ch. NR 544
Statewide materials recycling and effective recycling programs
SS 023-22
Dentistry Examining Board (DE)
ch. DE 11
Pre-certification sedation education
SS 024-22
Department of Justice (Jus)
ch. Jus 21
Tracking of sexual assault kits in sexual assault cases)

Notices of Public Hearing and Comment Period for Statements of Scope

Document
Agency
Chapter Groups
Chapters
Related to
SS 016-22 Notice of Hearing
Department of Transportation (Trans)
ch. Trans 105
Licensing of driver schools and instructors
SS 113-21 Notice of Hearing
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors (A-E)
ch. A-E 4
ch. A-E 13
Engineer in training and continuing education requirements

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
CR 22-025
Department of Military Affairs [Emergency Management] (WEM)
ch. WEM 7
Eligibility criteria for disaster funds authorized by s. 323.31
CR 22-026
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
ch. DHS 10
ch. DHS 73
ch. DHS 104
ch. DHS 105
Long-term care services and medical assistance fair hearing process
CR 22-027
Occupational Therapists Affiliated Credentialing Board (OT)
ch. OT 2
Licensure requirements
CR 22-028
Occupational Therapists Affiliated Credentialing Board (OT)
ch. OT 3
Continuing education

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
CR 22-025, EmR2205
Department of Military Affairs [Emergency Management] (WEM)
ch. WEM 7
Eligibility criteria for disaster funds authorized by s. 323.31
CR 22-027
Occupational Therapists Affiliated Credentialing Board (OT)
ch. OT 2
Licensure requirements
CR 22-028
Occupational Therapists Affiliated Credentialing Board (OT)
ch. OT 3
Continuing education

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
CR 21-028
Pharmacy Examining Board (Phar)
ch. Phar 2
Reciprocal credentials for service members, former service members and their spouses
CR 21-034
Podiatry Affiliated Credentialing Board (Pod)
ch. Pod 1
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
EmR2206
Physician Assistant Affiliated Credentialing Board (PA)
ch. PA 1
ch. PA 2
ch. PA 3
ch. PA 4
Physician assistants

Public Notices

Document
Agency
Related to
Public Notice: Notice of Public Comment
Department of Public Instruction (PI)
Resetting state-determined performance levels under the Strengthening Career and Technical Education for the 21st Century Act (Perkins V)

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 20-013
Effective: April 1, 2022
Department of Veterans Affairs (VA)
ch. VA 11
Veterans outreach and recovery program
CR 21-025
Effective: April 1, 2022
Hearing and Speech Examining Board (HAS)
ch. HAS 2
Direct supervision of hearing instrument specialist temporary trainees
CR 21-027
Effective: April 1, 2022
Department of Natural Resources (NR)
Chs. NR 200-299; Environmental Protection – Wisconsin Pollutant Discharge Elimination System
ch. NR 216
Storm water discharge permits
CR 21-043
Effective: April 1, 2022
Real Estate Examining Board (REEB)
ch. REEB 24
Conduct and ethical practices of licensees
CR 21-044
Effective: April 1, 2022
Board of Nursing (N)
ch. N 2
Reciprocal credentials for service members, former service members, and their spouses
CR 21-049
Effective: April 1, 2022
Public Service Commission (PSC)
ch. PSC 135
Adoption of federal pipeline safety regulations
CR 21-055
Effective: April 1, 2022
Real Estate Examining Board (REEB)
ch. REEB 12
Reciprocal credentials for service members, former service members, and their spouses
CR 21-058
Effective: April 1, 2022
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
CR 21-064
Effective: April 1, 2022
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
CR 21-067
Effective: April 1, 2022 except Sections 2, 4, 6, 8, 10, 12, 16, and 18 of this rule order shall take effect on the first day of the month after the emergency period, as defined in s. 1135 (g) (1) (b) of the Social Security Act, 42 U.S.C. § 1320b-5 (g) (1) (B) and declared in response to the COVID-19 pandemic, ends and Section 14 of this rule order shall take effect on the first day of the month after the last day of the quarter or on the first day of the calendar month following the month in which the emergency period, as defined in s. 1135 (g) (1) (b) of the Social Security Act, 42 U.S.C. § 1320b-5 (g) (1) (B) and declared in response to the COVID-19 pandemic, ends, whichever occurs later.
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 102
ch. DHS 103
ch. DHS 109
Medicaid eligibility requirements

Legislative Acts Modifying or Repealing Rules

Document
Agency
Chapter Groups
Chapters
Related to
2021 Wisconsin Act 155
Effective: April 1, 2022
Department of Health Services (DHS)
Chs. DHS 30-100; Community Services
ch. DHS 62
Driver safety plans and medication-assisted treatments.
2021 Wisconsin Act 160
Effective: April 1, 2022
Department of Children and Families (DCF)
Chs. DCF 101-199; Family and Economic Security
ch. DCF 160
Exclusion of certain military allowances in determining gross income for purposes of child support.
2021 Wisconsin Act 203
Effective: March 20, 2022
Department of Financial Institutions (DFI)
Chs. DFI-Bkg 1-78; Department of Financial Institutions-Banking
ch. DFI-Bkg 77
The method of sending notices by pawnbrokers and modifying rules promulgated by the Department of Financial Institutions

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 Veterans Affairs (VA) TOC
TOC
Physician Assistant Affiliated Credentialing Board (PA) TOC
Inserted
DCF 150
Child Support Standard
Inserted
DFI-Bkg 77
Pawnbrokers
Inserted
DFI-CU 75
Authorized Incidental Powers Activities
Inserted
DHS 1
Uniform Fees, Liability and Collections
Inserted
DHS 62
Assessment Of Drivers With Alcohol Or Controlled Substance Problems
Inserted
DHS 75
Community Substance Abuse Service Standards
Inserted
DHS 102
Application
Inserted
DHS 103
Eligibility
Inserted
DHS 107
Covered Services
Inserted
DHS 109
Senior Care
Inserted
HAS 2
Hearing Instrument Specialists Temporary Trainees
Inserted
N 2
Licensure
Inserted
NR 19
Miscellaneous Fur, Fish, Game And Outdoor Recreation
Inserted
NR 20
Fishing: Inland Waters; Outlying Waters
Inserted
NR 21
Wisconsin-Minnesota Boundary Waters
Inserted
NR 22
Wisconsin-Iowa Boundary Waters
Inserted
NR 23
Wisconsin-Michigan Boundary Waters
Inserted
NR 26
Fish Refuges
Inserted
NR 216
Storm Water Discharge Permits
Inserted
PA 1
Authority And Definitions
Inserted
PA 2
License To Practice As a Physician Assistant
Inserted
PA 3
Collaboration And Practice
Inserted
PA 4
Unprofessional Conduct
Inserted
PSC 135
Gas Safety
Inserted
REEB 12
Applications
Inserted
REEB 24
Conduct And Ethical Practices For Real Estate Licensees
Inserted
VA 11
Veterans Outreach And Recovery Program

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
DCF 150
Child Support Standard
Removed
DFI-Bkg 77
Pawnbrokers
Removed
DFI-CU 75
Authorized Incidental Powers Activities
Removed
DHS 1
Uniform Fees, Liability and Collections
Removed
DHS 62
Assessment Of Drivers With Alcohol Or Controlled Substance Problems
Removed
DHS 75
Community Substance Abuse Service Standards
Removed
DHS 102
Application
Removed
DHS 103
Eligibility
Removed
DHS 107
Covered Services
Removed
DHS 109
Senior Care
Removed
HAS 2
Hearing Instrument Specialists Temporary Trainees
Removed
N 2
Licensure
Removed
NR 19
Miscellaneous Fur, Fish, Game And Outdoor Recreation
Removed
NR 20
Fishing: Inland Waters; Outlying Waters
Removed
NR 21
Wisconsin-Minnesota Boundary Waters
Removed
NR 22
Wisconsin-Iowa Boundary Waters
Removed
NR 23
Wisconsin-Michigan Boundary Waters
Removed
NR 26
Fish Refuges
Removed
NR 216
Storm Water Discharge Permits
Removed
PSC 135
Gas Safety
Removed
REEB 12
Applications
Removed
REEB 24
Conduct And Ethical Practices For Real Estate Licensees

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.