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

Wisconsin Administrative Register No. 811B

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

Publication Date: July 31, 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
EmR2310
Expires: December 7, 2023
Department of Transportation (Trans)
ch. Trans 309
Ambulance inspection standards
EmR2309
Expires: December 1, 2023, or until the date on which permanent rules take effect, whichever is sooner
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 1-29; Procedures, Miscellaneous
ch. SPS 11
Military medical personnel
EmR2308
Expires: December 1, 2023 or until the date on which permanent rules take effect, whichever is sooner
Medical Examining Board (Med)
ch. Med 26
Military medical personnel
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: August 9, 2023
First Extension
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: August 27, 2023
Second Extension
Board of Nursing (N)
ch. N 2
Modification of Board review process to take the NCLEX
EmR2214
Expires: August 7, 2023
Second 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
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
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 047-23
Public Service Commission (PSC)
ch. PSC 135
Gas safety

Notices of Public Hearing and Comment Period for Statements of Scope

Document
Agency
Chapter Groups
Chapters
Related to
SS 045-23 Notice of Preliminary Hearing
Department of Transportation (Trans)
ch. Trans 212
ch. Trans 213
Standards for bridge inspection for local bridge program
SS 046-23 Notice of Preliminary Hearing
Department of Corrections (DOC)
ch. DOC 328
Short-term sanctions and contracting for supervision of individuals

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
CR 23-041
Dentistry Examining Board (DE)
ch. DE 2
ch. DE 11
Certification in advanced cardiovascular life support or pediatric advanced life support
CR 23-042
Department of Transportation (Trans)
ch. Trans 102
Operator’s licenses and identification cards
CR 23-043
Department of Transportation (Trans)
ch. Trans 129
Motorcycle licensing and courses

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
CR 23-041
Dentistry Examining Board (DE)
ch. DE 2
ch. DE 11
Certification in advanced cardiovascular life support or pediatric advanced life support

Notices of Submittal of Rules to Legislature in Final Draft Form

Document
Agency
Chapter Groups
Chapters
Related to
CR 23-022
Board of Nursing (N)
ch. N 2
Modification of Board review process to take the NCLEX

Public Notices

Document
Agency
Related to
Public Notice: Soliciting Comments Regarding an EIA related to gray wolf harvest regulations
Department of Natural Resources (NR)
Gray wolf harvest regulations

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 19-100
Effective: August 1, 2023
Chiropractic Examining Board (Chir)
ch. Chir 12
Nutritional counseling certification
CR 21-033
Effective: August 1, 2023
Occupational Therapists Affiliated Credentialing Board (OT)
ch. OT 4
ch. OT 6
Telehealth
CR 21-056
Effective: August 1, 2023
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
Reciprocal credentials for service members, former service members, and their spouses
CR 22-001
Effective: August 1, 2023, except that s. SPS 204.01 takes effect on January 1, 2024
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 22-018
Effective: August 1, 2023
Podiatry Affiliated Credentialing Board (Pod)
ch. Pod 1
ch. Pod 2
Licensure and unprofessional conduct
CR 22-027
Effective: August 1, 2023
Occupational Therapists Affiliated Credentialing Board (OT)
ch. OT 2
Licensure requirements
CR 22-028
Effective: August 1, 2023
Occupational Therapists Affiliated Credentialing Board (OT)
ch. OT 3
Continuing education
CR 22-047
Effective: August 1, 2023
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
Effective: August 1, 2023
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 22-052
Effective: August 1, 2023
Ethics Commission (ETH)
ch. ETH 21
the processes for complaints and requests for advice
CR 22-061
Effective: August 1, 2023
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 140
Setting numerical standards to minimize the concentration of polluting substances in groundwater (Cycle 10 Bacteria)
CR 22-064
Effective: August 1, 2023
Physician Assistant Affiliated Credentialing Board (PA)
ch. PA 1
ch. PA 2
ch. PA 3
ch. PA 4
Physician assistants
CR 22-069
Effective: August 1, 2023
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
CR 22-076
Effective: August 1, 2023
Office of the Commissioner of Insurance (Ins)
ch. Ins 6
ch. Ins 13
The reporting of surplus lines taxes and related provisions
CR 22-078
Effective: August 1, 2023
Department of Health Services (DHS)
Chs. DHS 30-100; Community Services
ch. DHS 34
ch. DHS 35
ch. DHS 36
ch. DHS 61
ch. DHS 63
Allowing non-expiring certificates and biennial reporting and submission of fees
CR 22-079
Effective: August 1, 2023
Department of Administration (Adm)
ch. Adm 35
Environmental improvement fund

Legislative Acts Modifying or Repealing Rules

Document
Agency
Chapter Groups
Chapters
Related to
2023 Wisconsin Act 19
Effective: July 7, 2023
Department of Revenue (Tax)
ch. Tax 2
State finances and appropriations, constituting the executive budget act of the 2023 legislature

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 Administration (Adm) TOC
TOC
Department of Safety and Professional Services (SPS), Chs. SPS 200- ; Sign Language Interpreters TOC
TOC
Department of Transportation (Trans) TOC
TOC
Occupational Therapists Affiliated Credentialing Board (OT) TOC
TOC
Physician Assistant Affiliated Credentialing Board (PA) TOC
Inserted
Adm 35
Environmental Improvement Fund
Inserted
Adm 95
VFF-EMT Service Award Program
Inserted
Chir 12
Nutritional Counseling Certification
Inserted
DHS 34
Emergency Mental Health Service Programs
Inserted
DHS 35
Outpatient Mental Health Clinics
Inserted
DHS 36
Comprehensive Community Services For Persons With Mental Disorders And Substance-Use Disorders
Inserted
DHS 61
Community Mental Health And Developmental Disabilities
Inserted
DHS 63
Community Support Programs For Chronically Mentally Ill Persons
Inserted
DHS 103
Eligibility
Inserted
DHS 129
Certification Of Programs For Training And Testing Nurse Aides, Medication Aides And Feeding Assistants
Inserted
ETH 21
Practice And Procedure
Inserted
Ins 6
General
Inserted
Ins 13
Town Mutual Insurance
Inserted
NR 140
Groundwater Quality
Inserted
OT 2
Licensure Of Occupational Therapists And Occupational Therapy Assistants
Inserted
OT 3
Biennial License Renewal
Inserted
OT 4
Practice And Supervision
Inserted
OT 6
Telehealth
Inserted
PA 1
Authority And Definitions
Inserted
PA 2
License To Practice As A Physician Assistant
Inserted
PA 3
Practice
Inserted
PA 4
Unprofessional Conduct
Inserted
Pod 1
License To Practice Podiatric Medicine And Surgery
Inserted
Pod 2
Unprofessional Conduct
Inserted
SPS 31
Credentialing Requirements And Procedures For Private Detective Agency, Private Detective And Security Person
Inserted
SPS 50
Barbers
Inserted
SPS 65
Persons Providing Practical Instruction In Schools
Inserted
SPS 71
Certification
Inserted
SPS 121
Applications
Inserted
SPS 141
Application
Inserted
SPS 175
Application For Registration
Inserted
SPS 181
Applications For Licensure, Renewal Of Licenses And Temporary Permits
Inserted
SPS 192
Unarmed Combat Sports
Inserted
SPS 200
Sign Language Interpreters; Authority And Definitions
Inserted
SPS 201
Sign Language Interpreters; Unprofessional Conduct
Inserted
SPS 203
Sign Language Interpreters; Scope Of Practice Restrictions
Inserted
SPS 204
Sign Language Interpreters; Identification Cards
Inserted
SPS 361
Administration And Enforcement
Inserted
SPS 362
Buildings And Structures
Inserted
Tax 2
Income Taxation, Returns, Records And Gross Income
Inserted
Trans 1
Specialized Transportation Assistance Program For Counties
Inserted
Trans 2
Enhanced Mobility For Seniors And Individuals With Disabilities Grant Program
Inserted
Trans 3
Urban Mass Transit Operating Assistance Program; Procedures For Counting Passenger Trips
Inserted
Trans 4
Urban Mass Transit Operating Assistance Program
Inserted
Trans 6
Rural And Small Urban Area Public Transportation Assistance Program
Inserted
Trans 57
Standards For Airport Siting
Inserted
Trans 58
Surveying Reference Station System User Fee
Inserted
Trans 100
Accident Reporting And Safety Responsibility
Inserted
Trans 101
Demerit Point System And Graduated Driver License Restriction Extensions
Inserted
Trans 102
Operator's Licenses And Identification Cards
Inserted
Trans 104
Examination Procedures For Operator's License
Inserted
Trans 105
Licensing Of Driver Schools And Instructors
Inserted
Trans 107
Driver Licensing Of Persons With Chemical Abuse Or Dependency Problems
Inserted
Trans 112
Medical Standards For Driver Licensing And General Standards For School Bus Endorsements
Inserted
Trans 115
Third Party Testing
Inserted
Trans 130
Special Identification Cards And Special Registration Plates For Individuals With Physical Disabilities
Inserted
Trans 131
Motor Vehicle Inspection And Maintenance Program (MVIP)
Inserted
Trans 134
Authorized Special Groups
Inserted
Trans 137
Motor Vehicle Manufacturer's Licenses
Inserted
Trans 138
Dealer Facilities, Records, And Licenses
Inserted
Trans 140
Motor Vehicle Dealer Financial Eligibility And Bond Claim Requirements
Inserted
Trans 144
Licensing Periods And Fees For Dealers, Manufacturers And Salespersons
Inserted
Trans 149
Inspection Of A Homemade, Reconstructed Or Repaired Salvage Vehicle
Inserted
Trans 152
Wisconsin Interstate Fuel Tax And International Registration Program
Inserted
Trans 196
Counter Service And Special Handling Service For Certificates Of Title And Registration
Inserted
Trans 200
Erection Of Signs On Public Highways And Disabled Parking Signs
Inserted
Trans 205
County Trunk Highway Standards
Inserted
Trans 212
Standards For The Inspection Of Bridges In Wisconsin
Inserted
Trans 231
Permits For Driveways And Alterations In State Trunk Highways
Inserted
Trans 254
Single Trip Permits For Oversize Or Overweight Vehicles Or Loads
Inserted
Trans 256
Single Trip Trailer-Train Permits
Inserted
Trans 262
Backhaul Permits
Inserted
Trans 277
Highway Salt Storage Requirements
Inserted
Trans 300
Transportation Of School Children
Inserted
Trans 301
Human Services Vehicles (HSV)
Inserted
Trans 309
Ambulance Inspection
Inserted
Trans 311
Breath Alcohol Testing, Approval And Permit Program
Inserted
Trans 313
Breath Alcohol Ignition Interlock Devices
Inserted
Trans 327
Motor Carrier Safety
Inserted
Trans 330
Motor Bus Equipment And Inspection
Inserted
Trans 403
Scholarship And Loan Repayment Incentive Grant Program
Inserted
Trans 510
Transportation Facilities Economic Assistance And Development (TEA) Program
Inserted
Trans 512
Transportation Infrastructure 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
Adm 35
Clean Water Fund
Removed
Adm 95
VFF-EMT Service Award Program
Removed
Chir 12
Nutritional Counseling Certification
Removed
DHS 34
Emergency Mental Health Service Programs
Removed
DHS 35
Outpatient Mental Health Clinics
Removed
DHS 36
Comprehensive Community Services For Persons With Mental Disorders And Substance-Use Disorders
Removed
DHS 61
Community Mental Health And Developmental Disabilities
Removed
DHS 63
Community Support Programs For Chronically Mentally Ill Persons
Removed
DHS 103
Eligibility
Removed
DHS 129
Certification Of Programs For Training And Testing Nurse Aides, Medication Aides And Feeding Assistants
Removed
ETH 21
Practice And Procedure
Removed
Ins 6
General
Removed
Ins 13
Town Mutual Insurance
Removed
NR 140
Groundwater Quality
Removed
OT 2
Licensure Of Occupational Therapists And Occupational Therapy Assistants
Removed
OT 3
Biennial License Renewal
Removed
OT 4
Practice And Supervision
Removed
PA 1
Authority And Definitions
Removed
PA 2
License To Practice As a Physician Assistant
Removed
PA 3
Collaboration And Practice
Removed
PA 4
Unprofessional Conduct
Removed
Pod 1
License To Practice Podiatric Medicine And Surgery
Removed
Pod 2
Unprofessional Conduct
Removed
SPS 31
Credentialing Requirements And Procedures For Private Detective Agency, Private Detective And Security Person
Removed
SPS 50
Barbers
Removed
SPS 65
Persons Providing Practical Instruction In Schools
Removed
SPS 71
Certification
Removed
SPS 121
Applications
Removed
SPS 141
Application
Removed
SPS 175
Application For Registration
Removed
SPS 181
Applications For Licensure, Renewal Of Licenses And Temporary Permits
Removed
SPS 192
Unarmed Combat Sports
Removed
SPS 200
Sign Language Interpreters; Authority And Definitions
Removed
SPS 201
Sign Language Interpreters; Unprofessional Conduct
Removed
SPS 202
Sign Language Interpreters; State Residency Exemption
Removed
SPS 361
Administration And Enforcement
Removed
SPS 362
Buildings And Structures
Removed
Tax 2
Income Taxation, Returns, Records And Gross Income
Removed
Trans 1
Specialized Transportation Assistance Program For Counties
Removed
Trans 2
Enhanced Mobility For Seniors And Individuals With Disabilities Grant Program
Removed
Trans 3
Urban Mass Transit Operating Assistance Program; Procedures For Counting Passenger Trips
Removed
Trans 4
Urban Mass Transit Operating Assistance Program
Removed
Trans 6
Rural And Small Urban Area Public Transportation Assistance Program
Removed
Trans 57
Standards For Airport Siting
Removed
Trans 58
Surveying Reference Station System User Fee
Removed
Trans 100
Accident Reporting And Safety Responsibility
Removed
Trans 101
Demerit Point System And Graduated Driver License Restriction Extensions
Removed
Trans 102
Operator's Licenses And Identification Cards
Removed
Trans 104
Examination Procedures For Operator's License
Removed
Trans 105
Licensing Of Driver Schools And Instructors
Removed
Trans 107
Driver Licensing Of Persons With Chemical Abuse Or Dependency Problems
Removed
Trans 112
Medical Standards For Driver Licensing And General Standards For School Bus Endorsements
Removed
Trans 115
Third Party Testing
Removed
Trans 130
Special Identification Cards And Special Registration Plates For Physically Disabled
Removed
Trans 131
Motor Vehicle Inspection And Maintenance Program (MVIP)
Removed
Trans 134
Authorized Special Groups
Removed
Trans 137
Motor Vehicle Manufacturer's Licenses
Removed
Trans 138
Dealer Facilities, Records, And Licenses
Removed
Trans 140
Motor Vehicle Dealer Financial Eligibility And Bond Claim Requirements
Removed
Trans 144
Licensing Periods And Fees For Dealers, Manufacturers And Salespersons
Removed
Trans 149
Inspection Of A Homemade, Reconstructed Or Repaired Salvage Vehicle
Removed
Trans 152
Wisconsin Interstate Fuel Tax And International Registration Program
Removed
Trans 196
Counter Service And Special Handling Service For Certificates Of Title And Registration
Removed
Trans 200
Erection Of Signs On Public Highways And Disabled Parking Signs
Removed
Trans 205
County Trunk Highway Standards
Removed
Trans 212
Standards For The Inspection Of Bridges In Wisconsin
Removed
Trans 231
Permits For Driveways And Alterations In State Trunk Highways
Removed
Trans 254
Single Trip Permits For Oversize Or Overweight Vehicles Or Loads
Removed
Trans 256
Single Trip Trailer-Train Permits
Removed
Trans 262
Backhaul Permits
Removed
Trans 277
Highway Salt Storage Requirements
Removed
Trans 300
Transportation Of School Children
Removed
Trans 301
Human Services Vehicles (HSV)
Removed
Trans 309
Ambulance Inspection
Removed
Trans 311
Breath Alcohol Testing, Approval And Permit Program
Removed
Trans 313
Breath Alcohol Ignition Interlock Devices
Removed
Trans 327
Motor Carrier Safety
Removed
Trans 330
Motor Bus Equipment And Inspection
Removed
Trans 403
Scholarship And Loan Repayment Incentive Grant Program
Removed
Trans 510
Transportation Facilities Economic Assistance And Development (TEA) Program
Removed
Trans 512
Transportation Infrastructure Loan Program

Published by the Legislative Reference Bureau. Contact the Register Editors: (608) 504-5801. Email Administrative-Code-Register@legis.wisconsin.gov

 
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