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Wisconsin Administrative Register No. 796B

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

Publication Date: April 25, 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
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: 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: 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: June 21, 2022
First 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
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
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 035-22
Medical Examining Board (Med)
ch. Med 13
Continuing medical education for physicians

Notices of Public Hearing and Comment Period for Statements of Scope

Document
Agency
Chapter Groups
Chapters
Related to
SS 029-22 Notice of Preliminary Hearing
Elections Commission (EL)
ch. EL 7
Approval and security of electronic voting equipment and ballot security
SS 030-22 Notice of Preliminary Hearing
Elections Commission (EL)
ch. EL 13
Training for election inspectors and special voting deputies

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
CR 22-037
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling embutramide
CR 22-038
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling perampanel
CR 22-039
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling lacosamide
CR 22-040
Controlled Substances Board (CSB)
ch. CSB 2
Transferring 1-phenylcyclohexylamine and 1-piperidinocyclohexanecarbonitrile, immediate precursors to phencyclidine, also known as PCP

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
CR 22-037
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling embutramide
CR 22-038
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling perampanel
CR 22-039
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling lacosamide
CR 22-040
Controlled Substances Board (CSB)
ch. CSB 2
Transferring 1-phenylcyclohexylamine and 1-piperidinocyclohexanecarbonitrile, immediate precursors to phencyclidine, also known as PCP

Notices of Submittal of Rules to Legislature in Final Draft Form

Document
Agency
Chapter Groups
Chapters
Related to
CR 20-053
Medical Examining Board (Med)
ch. Med 13
Continuing medical education for physicians
CR 21-086
Dentistry Examining Board (DE)
ch. DE 11
Permits to administer anesthesia
CR 22-001
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 200- ; Sign Language Interpreters
ch. SPS 200
ch. SPS 201
ch. SPS 202
ch. SPS 203
ch. SPS 204
Sign language interpreter authority, definitions, scope of practice, professional conduct, and identification cards
CR 22-011
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling crotonyl fentanyl
CR 22-014
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling remimazolam
CR 22-016
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling brorphine
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

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
CR 20-015
Department of Workforce Development (DWD)
Ch. DWD 801-810; Employment and Training
ch. DWD 802
Technical education equipment grants
CR 20-085
Chiropractic Examining Board (Chir)
ch. Chir 4
Chiropractic practice
CR 21-001
Massage Therapy and Bodywork Therapy Affiliated Credentialing Board (MTBT)
ch. MTBT 2
Reciprocal credentials for service members, former service members, and their spouses
CR 21-047
Department of Safety and Professional Services (SPS)
Chs. SPS 320-325; Uniform Dwelling Code
ch. SPS 320
ch. SPS 321
Update to Uniform Dwelling (One-and 2-family dwellings) Code and manufactured home communities
CR 21-051
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 115
Screening newborns for congenital and metabolic disorders
CR 21-081
Department of Health Services (DHS)
Chs. DHS 1-19; Management and Technology and Strategic Finance
ch. DHS 10
Requirements for adult long-term care

Actions By The Joint Committee For Review of Administrative Rules

Document
Affected Emergency Rules
Affected Clearinghouse Rules
Affected Code Chapters
Actions Taken by JCRAR on April 20, 2022: EmR2128
EmR2128
Actions Taken by JCRAR on April 20, 2022: EmR2129
EmR2129

Public Notices

Document
Agency
Related to
Public Notice: Medicaid State Plan Amendment
Department of Health Services (DHS)
The reimbursement structure of the substance use disorder health home program

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 20-015
Effective: May 1, 2022
Department of Workforce Development (DWD)
Ch. DWD 801-810; Employment and Training
ch. DWD 802
Technical education equipment grants
CR 21-028
Effective: May 1, 2022
Pharmacy Examining Board (Phar)
ch. Phar 2
Reciprocal credentials for service members, former service members and their spouses
CR 21-034
Effective: May 1, 2022
Podiatry Affiliated Credentialing Board (Pod)
ch. Pod 1
Reciprocal credentials for service members, former service members, and their spouses
CR 21-050
Effective: May 1, 2022
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 107
Complex rehabilitation technology prior authorization review
CR 21-059
Effective: May 1, 2022
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 140- ; Marketing
ch. ATCP 149
Potato industry
CR 21-063
Effective: May 1, 2022
Department of Natural Resources (NR)
Chs. NR 200-299; Environmental Protection – Wisconsin Pollutant Discharge Elimination System
ch. NR 220
ch. NR 229
Regulation of wastewater discharges from dental offices to sanitary sewers and affecting small business
CR 21-068
Effective: May 1, 2022
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 520
ch. NR 524
Allowing for third party administration of operator certification examinations and affecting small business
CR 21-069
Effective: May 1, 2022
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Establishing the 2021 migratory bird season framework and regulations

Legislative Acts Modifying or Repealing Rules

Document
Agency
Chapter Groups
Chapters
Related to
2021 Wisconsin Act 225
Effective: April 10, 2022
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 107
Modifying and creating administrative rules to require reimbursement for group physical therapy under the Medical Assistance program
2021 Wisconsin Act 253
Effective: May 1, 2022
Chiropractic Examining Board (Chir)
ch. Chir 12
Sponsors of chiropractic continuing education programs and nutritional counseling education programs and repealing and modifying administrative rules related to sponsors of nutritional counseling education programs

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 Natural Resources (NR), Chs. NR 200-299; Environmental Protection – Wisconsin Pollutant Discharge Elimination System TOC
TOC
Department of Workforce Development (DWD), Chs. DWD 801-810; Employment and Training TOC
TOC
Medical Examining Board (Med) TOC
Inserted
ATCP 93
Flammable, Combustible, And Hazardous Liquids
Inserted
ATCP 149
Potato Marketing Order
Inserted
Chir 12
Nutritional Counseling Certification
Inserted
DHS 107
Covered Services
Inserted
DWD 802
Technical Education Equipment Grants
Inserted
NR 10
Game And Hunting
Inserted
NR 26
Fish Refuges
Inserted
NR 40
Invasive Species Identification, Classification And Control
Inserted
NR 47
Forestry Grant And State Aid Administration
Inserted
NR 114
Certification Requirements For Waterworks, Wastewater Treatment Plant, Septage Servicing And Water System Operators
Inserted
NR 146
Water Well Driller, Heat Exchange Driller, and Pump Installer Licensing and Registration; Drilling Rig Operator License
Inserted
NR 220
Categories And Classes Of Point Sources And Effluent Limitations
Inserted
NR 229
Dental Offices
Inserted
NR 233
Pesticide Chemicals
Inserted
NR 520
Solid Waste Management Fees And Financial Responsibility Requirements
Inserted
NR 524
Training And Certification Requirements For Solid Waste Disposal Facility Operators
Inserted
Phar 2
Application For Pharmacist License
Inserted
Pod 1
License To Practice Podiatric Medicine And Surgery
Inserted
TA 1
Practice And Procedures Before The Tax Appeals Commission
Inserted
VA 2
Veterans Assistance Grants
Inserted
VA 12
Personal Loan 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
ATCP 93
Flammable, Combustible, And Hazardous Liquids
Removed
ATCP 149
Potato Marketing Order
Removed
Chir 12
Nutritional Counseling Certification
Removed
DHS 107
Covered Services
Removed
DWD 802
Technical Education Equipment Grants
Removed
Med 8
Physician Assistants
Removed
NR 10
Game And Hunting
Removed
NR 26
Fish Refuges
Removed
NR 40
Invasive Species Identification, Classification And Control
Removed
NR 47
Forestry Grant And State Aid Administration
Removed
NR 114
Certification Requirements For Waterworks, Wastewater Treatment Plant, Septage Servicing And Water System Operators
Removed
NR 146
Water Well Driller, Heat Exchange Driller, and Pump Installer Licensing and Registration; Drilling Rig Operator License
Removed
NR 220
Categories And Classes Of Point Sources And Effluent Limitations
Removed
NR 233
Pesticide Chemicals
Removed
NR 520
Solid Waste Management Fees And Financial Responsibility Requirements
Removed
NR 524
Training And Certification Requirements For Solid Waste Disposal Facility Operators
Removed
Phar 2
Application For Pharmacist License
Removed
Pod 1
License To Practice Podiatric Medicine And Surgery
Removed
TA 1
Practice And Procedures Before The Tax Appeals Commission
Removed
VA 2
Veterans Assistance Grants
Removed
VA 12
Personal Loan Program

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.