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. 809B

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

Publication Date: May 30, 2023
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
EmR2307
Expires: September 29, 2023
Department of Corrections (DOC)
ch. DOC 309
Inmate personal property
EmR2306
Expires: September 27, 2023
Department of Health Services (DHS)
Chs. DHS 1-19; Management and Technology and Strategic Finance
Chs. DHS 101-109; Medical Assistance
ch. DHS 10
ch. DHS 101
ch. DHS 105
ch. DHS 106
ch. DHS 107
Electronic visit verification requirements for certain Medical Assistance services
EmR2305
Expires: September 17, 2023
Department of Transportation (Trans)
ch. Trans 138
Motor vehicle auction dealers, and affecting small businesses
EmR2304
Expires: March 1, 2024, or until permanent rules are promulgated, whichever is sooner
Dentistry Examining Board (DE)
ch. DE 1
ch. DE 5
ch. DE 13
ch. DE 16
Certification of expanded function dental auxiliaries
EmR2303
Expires: May 1, 2024, or until the date on which permanent rules take effect, whichever is sooner
Pharmacy Examining Board (Phar)
ch. Phar 1
ch. Phar 5
ch. Phar 7
ch. Phar 10
ch. Phar 19
Registration of pharmacy technicians
EmR2302
Expires: January 1, 2026, or the date on which permanent rules take effect, whichever is earlier
Department of Natural Resources (NR)
Chs. NR 500-599; Environmental Protection – Solid Waste Management
ch. NR 500
Disposal of material dredged from the Great Lakes
EmR2301
Expires: June 10, 2023
Department of Natural Resources (NR)
Chs. NR 800- ; Environmental Protection – Water Supply
ch. NR 812
New cement formulations for the construction of water wells
EmR2215
Expires: June 28, 2023
First Extension
Board of Nursing (N)
ch. N 2
Modification of Board review process to take the NCLEX
EmR2214
Expires: June 8, 2023
First Extension
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 110
Emergency medical services licensing, certification, and training requirements
EmR2213
Expires: May 1, 2024, or until the date on which permanent rules take effect, whichever is sooner
Pharmacy Examining Board (Phar)
ch. Phar 1
ch. Phar 5
ch. Phar 6
ch. Phar 7
ch. Phar 8
Remote dispensing
EmR2212
Expires: July 11, 2023
Second Extension
Department of Workforce Development (DWD)
Chs. DWD 80-81; Worker’s Compensation
ch. DWD 80
Worker's compensation computation of the weekly wage for part-time employees
EmR2206
Expires: July 30, 2023
Second Extension
Physician Assistant Affiliated Credentialing Board (PA)
ch. PA 1
ch. PA 2
ch. PA 3
ch. PA 4
ch. PA 5
Physician 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
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 034-23
Chiropractic Examining Board (Chir)
ch. Chir 12
Nutritional counseling certification
SS 035-23
Chiropractic Examining Board (Chir)
ch. Chir 10
Delegation
SS 036-23
Department of Revenue (Tax)
ch. Tax 12
ch. Tax 19
Removing unnecessary rules
SS 037-23
Department of Financial Institutions (DFI)
ch. DFI-Bkg 73
Authorizing one or more additional fee structures and establishing maximum fees or charges that may be made thereunder by adjustment service companies; modifying DFI-Bkg 73 to incorporate certain requirements of the federal Telemarketing Sales Rule

Notices of Public Hearing and Comment Period for Statements of Scope

Document
Agency
Chapter Groups
Chapters
Related to
SS 026-23 Notice of Preliminary Hearing
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Minocqua Chain walleye harvest regulations
SS 028-23 Notice of Preliminary Hearing
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, Professional Land Surveyors, and Registered Interior Designers (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
ch. A-E 14
ch. A-E 15
Registered interior designers

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
CR 23-027
Department of Workforce Development (DWD)
Ch. DWD 310; Fees for General Aptitude Test Battery Services
ch. DWD 310
Fees for general aptitude test battery services
CR 23-028
Department of Revenue (Tax)
ch. Tax 10
Unclaimed property

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
CR 23-027
Department of Workforce Development (DWD)
Ch. DWD 310; Fees for General Aptitude Test Battery Services
ch. DWD 310
Fees for general aptitude test battery services

Notices of Submittal of Rules to Legislature in Final Draft Form

Document
Agency
Chapter Groups
Chapters
Related to
CR 21-096
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
ch. ATCP 94
Petroleum product inspections and affecting small businesses
CR 22-004
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 registration
CR 22-045
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 162
Clean Water Fund Program
CR 22-066
Chiropractic Examining Board (Chir)
ch. Chir 5
Professional boundaries education requirements
CR 22-068
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 166
Safe Drinking Water Loan Program and affecting small business
CR 22-073
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 110
Emergency medical services licensing, certification, and training requirements
CR 22-080
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP 21
ch. ATCP 29
ch. ATCP 35
Removal of obsolete language and resolve statutory conflicts
CR 23-003
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 55-89; Food, Lodging, and Recreation Safety
ch. ATCP 57
Inedible animal by-products

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
CR 21-056
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 30-49; Private Detectives
Chs. SPS 50-69; Barbering and Cosmetology Schools and Instructors
Chs. SPS 70-79; Acupuncturists
Chs. SPS 140-149; Music, Art and Dance Therapy
Chs. SPS 180-189; Midwives
Chs. SPS 190-199; Unarmed Combat Sports
ch. SPS 31
ch. SPS 50
ch. SPS 65
ch. SPS 71
ch. SPS 141
ch. SPS 175
ch. SPS 181
ch. SPS 192
Statutory changes from 2019 Wisconsin Act 143
CR 22-004
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 registration
CR 22-046
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 109
SeniorCare prescription drugs
CR 22-047
Department of Safety and Professional Services (SPS)
Auctioneer Board (Auc)
Chs. SPS 1-299; Professional Services
Chs. SPS 120-129; Auctioneers and Auction Companies
ch. SPS 121
Reciprocal credentials for service members, former service members, and their spouses
CR 22-048
Department of Transportation (Trans)
ch. Trans 1
ch. Trans 2
ch. Trans 3
ch. Trans 4
ch. Trans 6
ch. Trans 57
ch. Trans 58
ch. Trans 100
ch. Trans 101
ch. Trans 102
ch. Trans 104
ch. Trans 105
ch. Trans 107
ch. Trans 112
ch. Trans 115
ch. Trans 130
ch. Trans 131
ch. Trans 134
ch. Trans 137
ch. Trans 138
ch. Trans 140
ch. Trans 144
ch. Trans 149
ch. Trans 152
ch. Trans 196
ch. Trans 200
ch. Trans 205
ch. Trans 212
ch. Trans 231
ch. Trans 254
ch. Trans 256
ch. Trans 262
ch. Trans 277
ch. Trans 300
ch. Trans 301
ch. Trans 309
ch. Trans 311
ch. Trans 313
ch. Trans 327
ch. Trans 330
ch. Trans 403
ch. Trans 510
ch. Trans 512
Inclusive language in administrative rules
CR 22-069
Department of Safety and Professional Services (SPS)
Chs. SPS 301-399 ; Safety, Buildings, and Environment
Chs. SPS 361-366; Commercial Building Code
ch. SPS 361
ch. SPS 362
Recreational and educational camps

Executive Orders

Document
Related to
EO 202
A proclamation that the flag of the United States and the flag of the State of Wisconsin be flown at half-staff as a mark of respect for Navy Seaman Second Class David Joseph Riley
EO 203
A proclamation that the flag of the United States and the flag of the State of Wisconsin be flown at half-staff on Memorial Day

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 21-016
Effective: June 1, 2023
Psychology Examining Board (Psy)
ch. Psy 1
ch. Psy 2
ch. Psy 5
Telehealth
CR 22-019
Effective: June 1, 2023
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
CR 22-020
Effective: September 1, 2023
Department of Financial Institutions (DFI)
Chs. DFI-Bkg 1-78; Department of Financial Institutions-Banking
ch. DFI-Bkg 73
ch. DFI-Bkg 75
ch. DFI-Bkg 76
ch. DFI-Bkg 79
Use of the Nationwide Multistate Licensing System and Registry by state-licensed adjustment service companies, payday lenders, sales finance companies, and sellers of checks
CR 22-026
Effective: June 1, 2023
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 22-043
Effective: June 1, 2023
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 38
ch. DHS 73
ch. DHS 92
ch. DHS 101
ch. DHS 105
ch. DHS 106
ch. DHS 107
ch. DHS 108
ch. DHS 109
Medical Assistance program telehealth services
CR 22-049
Effective: June 1, 2023
Department of Transportation (Trans)
ch. Trans 134
Authorized special plate groups
CR 22-056
Effective: June 1, 2023
Department of Workforce Development (DWD)
Ch. DWD 801; Employment and Training
ch. DWD 801
Wisconsin Fast Forward Workforce Training Grants
CR 22-060
Effective: June 1, 2023
Department of Justice (Jus)
ch. Jus 20
Storage and processing of sexual assault kits
CR 22-072
Effective: June 1, 2023
Department of Workforce Development (DWD)
Chs. DWD 80-81; Worker’s Compensation
ch. DWD 80
Worker's compensation computation of the weekly wage for part-time employees
CR 22-084
Effective: June 1, 2023
Department of Children and Families (DCF)
Chs. DCF 021-99; Safety and Permanence
ch. DCF 61
Qualified residential treatment programs

Legislative Acts Modifying or Repealing Rules

Document
Agency
Chapter Groups
Chapters
Related to
2023 Wisconsin Act 6
Effective: May 10, 2023
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 167
Eliminating the land recycling loan program and repealing administrative rules relating to the land recycling loan program

Table of Administrative Code Provisions Revised in this Register

Revisions Table

Announcements of Chapter Renumbers and Code Reorganizations

Document
Agency
Chapter Groups
Chapters
Related to
Renumber of DFI-CCS 1-20 Chapter Group
Department of Financial Institutions (DFI)
Chs. DFI-CCS 1-20; Department of Financial Institutions-Corporate and Consumer Services
ch. DFI-CCS 25
Renumber of Chs. DFI-CCS 1 to 20 to Chs. DFI-CCS 1 to 25

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 Financial Institutions (DFI), Chs. DFI-Bkg 1-78; Department of Financial Institutions-Banking TOC
TOC
Department of Financial Institutions (DFI), Chs. DFI-CCS 1-25; Department of Financial Institutions-Corporate and Consumer Services TOC
TOC
Department of Health Services (DHS), Chs. DHS 30-100; Community Services TOC
TOC
Department of Natural Resources (NR), Chs. NR 100-199; Environmental Protection – General TOC
Inserted
DCF 61
Qualified Residential Treatment Programs
Inserted
DFI-Bkg 73
Adjustment Service Companies
Inserted
DFI-Bkg 75
Payday Lending
Inserted
DFI-Bkg 76
Sales Finance Companies
Inserted
DFI-Bkg 79
Sellers Of Checks
Inserted
DHS 10
Family Care
Inserted
DHS 73
Selected Fiscal Management Procedures And Standards Under The Medical Assistance Home And Community-Based Services Waiver
Inserted
DHS 77
Service Fund For People Who Are Deaf, Deafblind Or Hard Of Hearing
Inserted
DHS 101
Introduction And Definitions
Inserted
DHS 102
Application
Inserted
DHS 103
Eligibility
Inserted
DHS 104
Recipient Rights And Duties
Inserted
DHS 105
Provider Certification
Inserted
DHS 106
Provider Rights And Responsibilities
Inserted
DHS 107
Covered Services
Inserted
DHS 109
Senior Care
Inserted
DWD 80
Worker's Compensation
Inserted
DWD 801
Wisconsin Fast Forward Workforce Training Grants
Inserted
Jus 20
Storage And Processing Of Sexual Assault Kits
Inserted
NR 664
Hazardous Waste Treatment, Storage And Disposal Facility Standards
Inserted
Psy 1
Authority And Definitions
Inserted
Psy 2
Requirements For Examination And Licensure Of Psychologists
Inserted
Psy 5
Conduct
Inserted
Trans 134
Authorized Special Groups
Inserted
VA 2
Veterans Assistance Grants

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 61
Qualified Residential Treatment Programs
Removed
DFI-Bkg 73
Adjustment Service Companies
Removed
DFI-Bkg 75
Payday Lending
Removed
DFI-Bkg 76
Sales Finance Companies
Removed
DHS 10
Family Care
Removed
DHS 73
Selected Fiscal Management Procedures And Standards Under The Medical Assistance Home And Community-Based Services Waiver
Removed
DHS 77
Service Fund For People Who Are Deaf, Deafblind Or Hard Of Hearing
Removed
DHS 101
Introduction And Definitions
Removed
DHS 102
Application
Removed
DHS 103
Eligibility
Removed
DHS 104
Recipient Rights And Duties
Removed
DHS 105
Provider Certification
Removed
DHS 106
Provider Rights And Responsibilities
Removed
DHS 107
Covered Services
Removed
DHS 109
Senior Care
Removed
DWD 80
Worker's Compensation
Removed
DWD 801
Wisconsin Fast Forward Workforce Training Grants
Removed
Jus 20
Storage And Processing Of Sexual Assault Kits
Removed
NR 167
Land Recycling Loan Program
Removed
NR 664
Hazardous Waste Treatment, Storage And Disposal Facility Standards
Removed
Psy 1
Authority And Definitions
Removed
Psy 2
Requirements For Examination And Licensure Of Psychologists
Removed
Psy 5
Conduct
Removed
Trans 134
Authorized Special Groups
Removed
VA 2
Veterans Assistance Grants

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.