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. 798B

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

Publication Date: June 27, 2022
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
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
SS 051-22
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)
SS 052-22
Pharmacy Examining Board (Phar)
ch. Phar 1
ch. Phar 5
ch. Phar 7
ch. Phar 10
ch. Phar 19
Registration of pharmacy technicians
SS 053-22
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
CR 22-044
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
EmR2207
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
CR 21-041
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
CR 21-083
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
CR 21-088
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)
CR 22-005
Department of Public Instruction (PI)
ch. PI 34
Grade ranges for school administrators and speech-language pathologists
CR 22-006
Department of Public Instruction (PI)
ch. PI 24
Calculation of aid under the achievement gap reduction program
CR 22-012
Department of Public Instruction (PI)
ch. PI 34
Tier I, 3-year school district-sponsored license with stipulations

Executive Orders

Document
Related to
EO 170
Relating to declaring a period of abnormal economic disruption and prohibiting price gouging of gasoline and diesel fuel

Public Notices

Document
Agency
Related to
Public Notice: Annual Adjustment to Fees
Department of Health Services (DHS)
The amount that a health care provider may charge for providing copies of a patient’s health care records
Public Notice: Medical Assistance Reimbursement of Nursing Homes
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

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 Justice (Jus) TOC
TOC
Department of Military Affairs (DMA) TOC
TOC
Department of Workforce Development (DWD), Chs. DWD 100-150; Unemployment Insurance TOC
TOC
Department of Workforce Development (DWD), Chs. DWD 218-226; Civil Rights TOC
Inserted
Adm 1
Parking
Inserted
Adm 2
Use Of State Buildings And Facilities
Inserted
Adm 21
Advertising, Bidding And Award Of Construction Contracts
Inserted
Adm 30
Payroll Deductions For Charitable Purposes
Inserted
Adm 50
Contract Compliance
Inserted
Adm 70
Electronic Recording Of Documents In Wisconsin County Register Of Deeds Offices
Inserted
Adm 89
Housing Cost Grants And Loans
Inserted
Adm 92
Relocation Assistance
Inserted
Chir 5
Continuing Education
Inserted
DCF 12
Background Checks for Child Welfare Programs
Inserted
DCF 13
Background Checks For Child Care Programs
Inserted
DCF 39
Relinquishing Custody Of A Newborn Child
Inserted
DCF 40
Review Of A Determination Of Child Abuse Or Neglect
Inserted
DCF 50
Facilitating Public Adoptions And Adoption Assistance
Inserted
DCF 52
Residential Care Centers For Children And Youth
Inserted
DCF 55
Subsidized Guardianship
Inserted
DCF 56
Foster Home Care For Children
Inserted
DCF 58
Kinship Care And Long-Term Kinship Care
Inserted
DCF 59
Shelter Care Facilities
Inserted
DHS 129
Certification Of Programs For Training And Testing Nurse Aides, Medication Aides And Feeding Assistants
Inserted
DMA 2
Competitive Grants For Public Safety Answering Points
Inserted
DWD 65
Order Of Selection For Vocational Rehabilitation Services
Inserted
DWD 68
Confidential Information
Inserted
DWD 75
Appeal Procedures For Persons Applying For Or Receiving Vocational Rehabilitation Services
Inserted
DWD 102
Contribution Rates
Inserted
DWD 103
Excluded Employments
Inserted
DWD 111
Quarterly Wage Reporting Procedures
Inserted
DWD 132
Determining Eligibility For Benefits
Inserted
DWD 147
Seasonal Agricultural Employers
Inserted
DWD 149
Disclosure Of Unemployment Insurance Records
Inserted
DWD 150
Forms
Inserted
DWD 226
Bone Marrow And Organ Donor Leave
Inserted
ER 44
Employee Development And Training
Inserted
Game 4
Duties And Responsibilities Of Associations And Racetrack Operators
Inserted
Jus 20
Storage And Processing Of Sexual Assault Kits
Inserted
NR 19
Miscellaneous Fur, Fish, Game And Outdoor Recreation
Inserted
NR 219
Analytical Test Methods And Procedures
Inserted
Opt 1
Authority And Definitions
Inserted
Opt 3
Licensure
Inserted
Opt 5
Unprofessional Conduct
Inserted
PI 11
Children With Disabilities
Inserted
PT 5
Physical Therapist Assistants, Unlicensed Personnel, And Students
Inserted
RAD 2
Requirements For Radiographer License
Inserted
RAD 3
Requirements For Limited X-Ray Machine Operator (LXMO) Permit
Inserted
RAD 4
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
Adm 1
Parking
Removed
Adm 2
Use Of State Buildings And Facilities
Removed
Adm 21
Advertising, Bidding And Award Of Construction Contracts
Removed
Adm 30
Payroll Deductions For Charitable Purposes
Removed
Adm 50
Contract Compliance
Removed
Adm 70
Electronic Recording Of Documents In Wisconsin County Register Of Deeds Offices
Removed
Adm 89
Housing Cost Grants And Loans
Removed
Adm 92
Relocation Assistance
Removed
Chir 5
Continuing Education
Removed
DCF 12
Background Checks for Child Welfare Programs
Removed
DCF 13
Background Checks For Child Care Programs
Removed
DCF 39
Relinquishing Custody Of A Newborn Child
Removed
DCF 40
Review Of A Determination Of Child Abuse Or Neglect
Removed
DCF 50
Facilitating Public Adoptions And Adoption Assistance
Removed
DCF 52
Residential Care Centers For Children And Youth
Removed
DCF 55
Subsidized Guardianship
Removed
DCF 56
Foster Home Care For Children
Removed
DCF 58
Kinship Care And Long-Term Kinship Care
Removed
DCF 59
Shelter Care Facilities
Removed
DHS 129
Certification Of Programs For Training And Testing Nurse Aides, Medication Aides And Feeding Assistants
Removed
DWD 65
Order Of Selection For Vocational Rehabilitation Services
Removed
DWD 68
Confidential Information
Removed
DWD 75
Appeal Procedures For Persons Applying For Or Receiving Vocational Rehabilitation Services
Removed
DWD 102
Contribution Rates
Removed
DWD 103
Excluded Employments
Removed
DWD 111
Quarterly Wage Reporting Procedures
Removed
DWD 132
Determining Eligibility For Benefits
Removed
DWD 147
Seasonal Agricultural Employers
Removed
DWD 149
Disclosure Of Unemployment Insurance Records
Removed
DWD 150
Miscellaneous
Removed
ER 44
Employee Development And Training
Removed
Game 4
Duties And Responsibilities Of Associations And Racetrack Operators
Removed
NR 19
Miscellaneous Fur, Fish, Game And Outdoor Recreation
Removed
NR 219
Analytical Test Methods And Procedures
Removed
Opt 1
Authority And Definitions
Removed
Opt 3
Licensure
Removed
Opt 5
Unprofessional Conduct
Removed
PI 11
Children With Disabilities
Removed
PT 5
Physical Therapist Assistants, Unlicensed Personnel, And Students
Removed
RAD 2
Requirements For Radiographer License
Removed
RAD 3
Requirements For Limited X-Ray Machine Operator (LXMO) Permit
Removed
RAD 4
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.