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. 799B

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

Publication Date: July 25, 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
EmR2209
Expires: December 7, 2022
Elections Commission (EL)
ch. EL 6
Correction of absentee ballot certificate envelopes
EmR2208
Expires: December 4, 2022
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP 52
Creating a commercial nitrogen optimization pilot program
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: September 30, 2022
First Extension
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
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: September 27, 2022
Second 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
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 063-22
Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board (MPSW)
ch. MPSW 1
Substance use disorder practice for advanced practice social workers and independent social workers
SS 064-22
Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board (MPSW)
ch. MPSW 1
ch. MPSW 2
ch. MPSW 10
ch. MPSW 15
ch. MPSW 20
Telehealth comprehensive review

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
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 22-051
Department of Transportation (Trans)
ch. Trans 327
Motor Carrier Safety Assistance Program (MCSAP) Review for the State of Wisconsin by the Federal Motor Carrier Safety Administration (FMCSA) July 14-15, 2009

Notices of Submittal of Rules to Legislature in Final Draft Form

Document
Agency
Chapter Groups
Chapters
Related to
CR 21-053
Marriage and Family Therapy, Counseling, and Social Worker Examining Board (MPSW)
ch. MPSW 3
ch. MPSW 11
ch. MPSW 17
Application requirements for credentials
CR 21-094
Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board (MPSW)
ch. MPSW 11
Professional counselor training licenses

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
CR 21-053
Marriage and Family Therapy, Counseling, and Social Worker Examining Board (MPSW)
ch. MPSW 3
ch. MPSW 11
ch. MPSW 17
Application requirements for credentials
CR 21-094
Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board (MPSW)
ch. MPSW 11
Professional counselor training licenses

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 July 20, 2022: EmR2130
EmR2130
Actions Taken by JCRAR on July 20, 2022: EmR2205
EmR2205
Actions Taken by JCRAR on July 20, 2022: EmR2209
EmR2209

Public Notices

Document
Agency
Related to
Pubic Notice: Affirmative Action Order re. Anabolic Steroids
Controlled Substances Board (CSB)
Treating 38 anabolic steroids as schedule III under ch. 961, Stats.
Public Notice: Affirmative Action Order re. Daridorexant
Controlled Substances Board (CSB)
Listing Daridorexant as a schedule IV under ch. 961, Stats.
Public Notice: Affirmative Action Order re. Ganaxolone
Controlled Substances Board (CSB)
Listing Ganaxolone as a schedule V under ch. 961, Stats.
Public Notice: Affirmative Action Order re. Synthetic Benzimidazole-opioid Substances
Controlled Substances Board (CSB)
Treating 7 synthetic benzimidazole-opioid substances in schedule I under ch. 961, Stats.

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 21-062
Effective: August 1, 2022
Veterinary Examining Board (VE)
ch. VE 1
ch. VE 2
ch. VE 3
ch. VE 4
ch. VE 5
ch. VE 6
ch. VE 7
ch. VE 8
ch. VE 9
ch. VE 10
ch. VE 11
Veterinarians and veterinary technicians
CR 21-070
Effective: August 1, 2022
Department of Natural Resources (NR)
Chs. NR 800- ; Environmental Protection – Water Supply
ch. NR 812
Well construction and pump installation
CR 21-072
Effective: August 1, 2022
Department of Natural Resources (NR)
Chs. NR 400-499; Environmental Protection – Air Pollution Control
ch. NR 400
ch. NR 438
ch. NR 484
The incorporation of a PM2.5 emissions reporting requirement, alignment of state and federal emissions reporting terminology, updates to reflect current emissions reporting procedure, and affecting small business
CR 21-073
Effective: August 1, 2022
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 159
Regulating fire fighting foam that contains certain contaminants
CR 21-076
Effective: August 1, 2022
Department of Natural Resources (NR)
Chs. NR 500-599; Environmental Protection – Solid Waste Management
ch. NR 500
ch. NR 504
ch. NR 506
ch. NR 507
ch. NR 507 Appendix I
ch. NR 508
ch. NR 512
ch. NR 514
ch. NR 516
ch. NR 520
Coal combustion residual landfills
CR 21-078
Effective: August 1, 2022
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
ch. NR 45
The 2021 Wildlife Management spring hearing rule related to hunting, trapping, and target shooting
CR 21-083
Effective: August 1, 2022
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
Effective: August 1, 2022
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 21-089
Effective: August 1, 2022
Office of the Commissioner of Insurance (Ins)
ch. Ins 6
Commercial lines modernization
CR 21-090
Effective: August 1, 2022
Department of Children and Families (DCF)
Chs. DCF 101-199; Family and Economic Security
ch. DCF 101
ch. DCF 120
Asset restrictions for Wisconsin Works and Emergency Assistance
CR 21-091
Effective: August 1, 2022
Department of Children and Families (DCF)
Chs. DCF 101-199; Family and Economic Security
ch. DCF 101
Technical changes to update Wisconsin Works rules
CR 21-092
Effective: August 1, 2022
Department of Children and Families (DCF)
Chs. DCF 101-199; Family and Economic Security
ch. DCF 102
Wisconsin Works filing a good cause claim for noncooperation with child support
CR 21-099
Effective: August 1, 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 Great Lakes commercial harvest reporting
CR 21-105
Effective: August 1, 2022
Labor and Industry Review Commission (LIRC)
ch. LIRC 1
ch. LIRC 2
ch. LIRC 3
ch. LIRC 4
Rules of procedure of the Labor and Industry Review Commission
CR 21-106
Effective: August 1, 2022
Office of the Commissioner of Insurance (Ins)
ch. Ins 40
Holding company system regulation amendments
CR 21-108
Effective: August 1, 2022
Department of Revenue (Tax)
ch. Tax 7
ch. Tax 8
Excise tax
CR 22-005
Effective: August 1, 2022
Department of Public Instruction (PI)
ch. PI 34
Grade ranges for school administrators and speech-language pathologists
CR 22-006
Effective: August 1, 2022
Department of Public Instruction (PI)
ch. PI 24
Calculation of aid under the achievement gap reduction program
CR 22-007
Effective: August 1, 2022
Pharmacy Examining Board (Phar)
ch. Phar 15
Compounding pharmaceuticals
CR 22-012
Effective: August 1, 2022
Department of Public Instruction (PI)
ch. PI 34
Tier I, 3-year school district-sponsored license with stipulations
CR 22-024
Effective: August 1, 2022
Department of Military Affairs [Emergency Management] (WEM)
ch. WEM 6
Establishment of certain standards for response and reimbursement procedures, including eligibility for reimbursement, for regional and local hazardous substance emergency response teams

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 Military Affairs [Emergency Management] (WEM) TOC
TOC
Department of Natural Resources (NR), Chs. NR 100-199; Environmental Protection – General TOC
TOC
Department of Natural Resources (NR), Chs. NR 400-499; Environmental Protection – Air Pollution Control TOC
TOC
Labor and Industry Review Commission (LIRC) TOC
TOC
Veterinary Examining Board (VE) TOC
Inserted
DCF 101
Wisconsin Works
Inserted
DCF 102
Child Support Cooperation For W-2
Inserted
DCF 105
Substance Abuse Screening, Testing, And Treatment For Certain Department Work Experience Programs
Inserted
DCF 120
Emergency Assistance
Inserted
DHS 107
Covered Services
Inserted
DWD 140
Unemployment Insurance Appeals
Inserted
Ins 6
General
Inserted
Ins 40
Insurance Holding Company System Regulation
Inserted
LIRC 1
Labor And Industry Review Commission Procedure
Inserted
NR 10
Game And Hunting
Inserted
NR 25
Commercial Fishing — Outlying Waters
Inserted
NR 45
Use Of Department Properties
Inserted
NR 45 Appendix A
Appendix A
Inserted
NR 102
Water Quality Standards For Wisconsin Surface Waters
Inserted
NR 105
Surface Water Quality Criteria And Secondary Values For Toxic Substances
Inserted
NR 106
Procedures For Calculating Water Quality Based Effluent Limitations For Point Source Discharges To Surface Waters
Inserted
NR 159
Management Of Class B Firefighting Foam
Inserted
NR 219
Analytical Test Methods And Procedures
Inserted
NR 400
Air Pollution Control Definitions
Inserted
NR 438
Air Contaminant Emissions Inventory Reporting Requirements
Inserted
NR 484
Incorporation By Reference
Inserted
NR 500
General Solid Waste Management Requirements
Inserted
NR 504
Landfill Location, Performance, Design And Construction Criteria
Inserted
NR 506
Landfill Operational Criteria
Inserted
NR 507
Environmental Monitoring For Landfills
Inserted
NR 507 Appendix I
Appendix I Baseline And Detection Monitoring Requirements
Inserted
NR 508
Responses When A Groundwater Standard Is Attained Or Exceeded
Inserted
NR 512
Feasibility Reports For Landfills
Inserted
NR 514
Plan Of Operation And Closure Plans For Landfills
Inserted
NR 516
Landfill Construction Documentation
Inserted
NR 520
Solid Waste Management Fees And Financial Responsibility Requirements
Inserted
NR 526
Medical Waste Management
Inserted
NR 809
Safe Drinking Water
Inserted
NR 812
Well Construction And Pump Installation
Inserted
PI 24
State Aid For Achievement Guarantee Contracts And Partial Debt Service Reimbursement
Inserted
PI 34
Educator Licenses
Inserted
Phar 15
Compounding Pharmaceuticals
Inserted
SPS 384 Appendix
Appendix
Inserted
Tax 7
Fermented Malt Beverages
Inserted
Tax 8
Intoxicating Liquors
Inserted
VE 1
Veterinarians
Inserted
VE 2
Veterinary Technicians
Inserted
VE 3
Complaint Procedures
Inserted
VE 4
Veterinary Professional Assistance 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 101
Wisconsin Works
Removed
DCF 102
Child Support Cooperation For W-2
Removed
DCF 105
Substance Abuse Screening, Testing, And Treatment For Certain Department Work Experience Programs
Removed
DCF 120
Emergency Assistance
Removed
DHS 107
Covered Services
Removed
DWD 140
Unemployment Insurance Appeals
Removed
Ins 6
General
Removed
Ins 40
Insurance Holding Company System Regulation
Removed
LIRC 1
Labor And Industry Review Commission Procedure
Removed
LIRC 2
Unemployment Compensation
Removed
LIRC 3
Worker's Compensation
Removed
LIRC 4
Equal Rights And Public Accommodation
Removed
NR 10
Game And Hunting
Removed
NR 25
Commercial Fishing — Outlying Waters
Removed
NR 45
Use Of Department Properties
Removed
NR 45 Appendix A
Appendix A
Removed
NR 102
Water Quality Standards For Wisconsin Surface Waters
Removed
NR 105
Surface Water Quality Criteria And Secondary Values For Toxic Substances
Removed
NR 106
Procedures For Calculating Water Quality Based Effluent Limitations For Point Source Discharges To Surface Waters
Removed
NR 219
Analytical Test Methods And Procedures
Removed
NR 400
Air Pollution Control Definitions
Removed
NR 438
Air Contaminant Emissions Inventory Reporting Requirements
Removed
NR 484
Incorporation By Reference
Removed
NR 500
General Solid Waste Management Requirements
Removed
NR 504
Landfill Location, Performance, Design And Construction Criteria
Removed
NR 506
Landfill Operational Criteria
Removed
NR 507
Environmental Monitoring For Landfills
Removed
NR 507 Appendix I
Appendix I Baseline And Detection Monitoring Requirements
Removed
NR 508
Responses When A Groundwater Standard Is Attained Or Exceeded
Removed
NR 512
Feasibility Reports For Landfills
Removed
NR 514
Plan Of Operation And Closure Plans For Landfills
Removed
NR 516
Landfill Construction Documentation
Removed
NR 520
Solid Waste Management Fees And Financial Responsibility Requirements
Removed
NR 526
Medical Waste Management
Removed
NR 809
Safe Drinking Water
Removed
NR 812
Well Construction And Pump Installation
Removed
PI 24
State Aid For Achievement Guarantee Contracts And Partial Debt Service Reimbursement
Removed
PI 34
Educator Licenses
Removed
Phar 15
Compounding Pharmaceuticals
Removed
SPS 384 Appendix
Appendix
Removed
Tax 7
Fermented Malt Beverages
Removed
Tax 8
Intoxicating Liquors
Removed
VE 1
Veterinarians
Removed
VE 2
Veterinary Technicians
Removed
VE 3
Complaint Procedures
Removed
VE 4
Veterinary Professional Assistance Program
Removed
VE 5
Practice Related To Veterinary Schools
Removed
VE 6
Temporary Consulting Permits
Removed
VE 7
Standards Of Practice And Unprofessional Conduct For Veterinarians
Removed
VE 8
Certification For Veterinary Technicians
Removed
VE 9
Standards Of Practice And Unprofessional Conduct For Veterinary Technicians
Removed
VE 10
Continuing Veterinary Education For Veterinarians And Veterinary Technicians
Removed
VE 11
Veterinary Professional Assistance Program
Removed
WEM 6
Response And Reimbursement Procedures For Regional And Local Emergency Response Teams

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.