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

Wisconsin Administrative Register No. 744B

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

Publication Date: December 26, 2017
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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
EmR1718
Expires: April 20, 2018
Veterinary Examining Board (VE)
ch. VE 11
Professional assistance program for veterinary professionals
EmR1717
Expires: February 27, 2018
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 55-89; Food, Lodging, and Recreation Safety
ch. ATCP 70
Food processing plants and affecting small business
EmR1716
Expires: September 6, 2018
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling cyclopropyl fentanyl
EmR1715
Expires: January 15, 2018
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Establishing migratory bird hunting seasons and regulations
EmR1714
Expires: February 27, 2018
Dentistry Examining Board (DE)
ch. DE 13
Designating continuing education on the topic of prescribing controlled substances
EmR1713
Expires: January 18, 2018
First Extension
Accounting Examining Board (Accy)
ch. Accy 2
Education required for examination and certification
EmR1712
Expires: July 1, 2018
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
ch. NR 20
Customer and outreach services rules related to the automated system for delivering recreational license products
EmR1711
Expires: January 12, 2018
First Extension
Department of Public Instruction (PI)
ch. PI 34
Stakeholder workgroups revisions to licensure
EmR1709
Expires: January 28, 2018
Second Extension
Department of Children and Families (DCF)
Chs. DCF 201-252; Early Care and Education
ch. DCF 201
Payments under the child care subsidy program
EmR1708
Expires: January 26, 2018
Second Extension
Office of the Commissioner of Insurance (Ins)
ch. Ins 25
An exception to the annual privacy notice requirements and affecting small business
EmR1707
Expires: January 9, 2018
Second Extension
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Lake trout harvest, season, and refuge in Lake Michigan
EmR1706
Expires: January 1, 2018
Controlled Substances Board (CSB)
ch. CSB 4
Operation of the prescription drug monitoring program
EmR1703
Expires: July 1, 2018, or the date on which permanent rules take effect, whichever is sooner
Department of Safety and Professional Services (SPS)
Chs. SPS 301- ; Safety, Buildings, and Environment
Chs. SPS 301-319; General, Part I
Chs. SPS 320-325; Uniform Dwelling Code
Chs. SPS 326-360; General, Part II
Chs. SPS 380-387; Plumbing
ch. SPS 302
ch. SPS 320
ch. SPS 327
ch. SPS 381
ch. SPS 383
Camping units
EmR1613
Expires: July 1, 2018
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 8
ch. NR 10
ch. NR 12
ch. NR 20
ch. NR 23
Customer and outreach services rules related to the automated system for delivering recreational license products
EmR1607
Expires: January 31, 2018
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
ch. ATCP 101
Vegetable contractors and the agricultural producer security fund assessment
EmR1215
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
The coyote hunting season.
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
Department of Revenue (Tax)
ch. Tax 11
Sales and use tax provisions

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 160-169; Substance Abuse Professionals
ch. SPS 160
ch. SPS 161
ch. SPS 162
ch. SPS 163
ch. SPS 164
ch. SPS 165
ch. SPS 166
ch. SPS 167
ch. SPS 168
Substance abuse counselors, clinical supervisors and prevention specialists
Department of Children and Families (DCF)
Chs. DCF 201-252; Early Care and Education
ch. DCF 201
Child care subsidy program integrity

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
Department of Public Instruction (PI)
ch. PI 34
Stakeholder workgroup revisions to licensure
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 160-169; Substance Abuse Professionals
ch. SPS 160
ch. SPS 161
ch. SPS 162
ch. SPS 163
ch. SPS 164
ch. SPS 165
ch. SPS 166
ch. SPS 167
ch. SPS 168
Substance abuse counselors, clinical supervisors and prevention specialists
Department of Children and Families (DCF)
Chs. DCF 201-252; Early Care and Education
ch. DCF 201
Child care subsidy program integrity

Notices of Submittal of Rules to Legislature in Final Draft Form

Document
Agency
Chapter Groups
Chapters
Related to
Department of Safety and Professional Services (SPS)
Chs. SPS 301- ; Safety, Buildings, and Environment
Chs. SPS 301-319; General, Part I
Chs. SPS 361-366; Commercial Building Code
ch. SPS 303
ch. SPS 314
ch. SPS 361
ch. SPS 362
ch. SPS 363
ch. SPS 364
ch. SPS 365
ch. SPS 366
ch. SPS 366 Appendix A
ch. SPS 366 Appendix B
The construction, alteration, repair, maintenance, and inspection of Wisconsin commercial buildings and affecting small business.

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
Office of the Commissioner of Insurance (Ins)
ch. Ins 3
ch. Ins 6
ch. Ins 7
ch. Ins 8
ch. Ins 9
ch. Ins 16
ch. Ins 50
Certain reporting requirements, electronic filing and obtaining information, increasing minimum annual assessment for OCI insurer examinations, other technical corrections and affecting small business
Controlled Substances Board (CSB)
ch. CSB 4
Operation of the prescription drug monitoring program
Podiatry Affiliated Credentialing Board (Pod)
ch. Pod 4
Biennial registration
Podiatry Affiliated Credentialing Board (Pod)
ch. Pod 1
Licensure requirements
Ethics Commission (ETH)
ch. ETH 26
Settlement of campaign finance, lobbying, and ethics violations
Department of Public Instruction (PI)
ch. PI 1
Complaint and appeals procedures

Public Notices

Document
Agency
Related to
Department of Natural Resources (NR)
Notice of a public meeting on an emergency rule, WM-07-17(E), relating to the revision of white-tailed deer 3-year population objectives and deer management unit boundaries
Department of Health Services (DHS)
Medicaid reimbursement for inpatient hospital services: Acute Care, children’s, critical access, psychiatric, and rehabilitation hospitals State of Wisconsin medicaid payment plan for rate year 2018
Department of Health Services (DHS)
Medicaid reimbursement for outpatient hospital services: Acute care, children’s, critical access, psychiatric, and rehabilitation hospitals State of Wisconsin medicaid payment plan for rate year 2018
Department of Natural Resources (NR)
State implementation plan submittal to legislature for redesignation request and maintenance plan for Sheboygan County 2008 ozone nonattainment area

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 16-041
Effective: January 1, 2018
Department of Natural Resources (NR)
Chs. NR 400-499; Environmental Protection – Air Pollution Control
ch. NR 404
ch. NR 484
The ambient air quality standards for fine particles (PM2.5)
CR 17-004
Effective: January 1, 2018
Office of the Commissioner of Insurance (Ins)
ch. Ins 52
Credit for reinsurance
CR 17-015
Effective: January 1, 2018
Office of the Commissioner of Insurance (Ins)
ch. Ins 3
ch. Ins 6
ch. Ins 7
ch. Ins 8
ch. Ins 9
ch. Ins 16
ch. Ins 50
Certain reporting requirements, electronic filing and obtaining information, increasing minimum annual assessment for OCI insurer examinations, other technical corrections and affecting small business
CR 17-027
Effective: January 1, 2018
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Establishing migratory bird hunting seasons and regulations
CR 17-028
Effective: January 1, 2018
Controlled Substances Board (CSB)
ch. CSB 4
Operation of the prescription drug monitoring program
CR 17-031
Effective: January 1, 2018
Department of Employee Trust Funds (ETF)
ch. ETF 50
Closing the Long-Term Disability Insurance program (LTDI) to new claims and re-opening the Wis. Stat. § 40.63 Disability Annuity Program (40.63) to all eligible employees effective January 1, 2018
CR 17-042
Effective: January 1, 2018
Elections Commission (EL)
ch. EL 21
Elections Commission practice and procedure
CR 17-043
Effective: January 1, 2018
Elections Commission (EL)
ch. EL 6
Elections Commission procedures
CR 17-053
Effective: January 1, 2018
Department of Public Instruction (PI)
ch. PI 12
ch. PI 18
ch. PI 20
ch. PI 27
Technical corrections to rules governing the Wisconsin Education Services Program for the Deaf and Hard of Hearing and Wisconsin Center for the Blind and Visually Impaired, high school graduation standards, disposition of funds, and commencement of school term

Legislative Acts Modifying or Repealing Rules

Document
Agency
Chapter Groups
Chapters
Related to
2017 Wisconsin Act 88
Effective: June 1, 2017
Accounting Examining Board (Accy)
ch. Accy 2
Educational requirements for taking the accounting examination or receiving a certified public accountant certificate; continuing education requirements for accounting license renewal; data-sharing programs related to accountants; peer reviews for certified public accounting firms; modifying various administrative rules promulgated by the Accounting Examining Board relating to accounting; and granting rule-making authority.
2017 Wisconsin Act 92
Effective: January 1, 2018
Department of Public Instruction (PI)
ch. PI 44
Alternative education grants.
2017 Wisconsin Act 93
Effective: January 1, 2018
Department of Public Instruction (PI)
ch. PI 16
ch. PI 32
ch. PI 38
ch. PI 39
Modifying rules related to grant programs administered by the Department of Public Instruction.
2017 Wisconsin Act 101
Effective: January 1, 2018
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 132
ch. DHS 134
Therapeutic diets in certain long-term care facilities.
2017 Wisconsin Act 103
Effective: January 1, 2018
Department of Tourism (Tour)
Arts Board (AB)
ch. Tour 2
ch. AB 4
Outdated rules of the Department of Tourism and the Arts Board.

Table of Administrative Code Provisions Revised in this Register

Announcements of Chapter Renumbers and Code Reorganizations

Document
Agency
Chapter Groups
Chapters
Related to
Department of Public Instruction (PI)
ch. PI 16
ch. PI 32
ch. PI 39
ch. PI 38
Moving the contents of Chapters PI 16, 32, and 39 into Chapter PI 32.

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
Inserted
Individual Certification And Licensure
Inserted
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Inserted
Prescription Drug Monitoring Program
Inserted
Nursing Homes
Inserted
Facilities Serving People With Developmental Disabilities
Inserted
Procedure
Inserted
Disability Benefits
Inserted
Casualty Insurance
Inserted
Administrative Actions; Rules Of Procedure For Contested Cases
Inserted
General
Inserted
Forms
Inserted
Employee Welfare Funds; Employee Benefit Plan Administrators; Small Employer Health Insurance
Inserted
Defined Network Plans
Inserted
Regulatory Structures
Inserted
Annual Audited Financial Reports, Annual Financial Statements And Examinations
Inserted
Credit For Reinsurance
Inserted
Game And Hunting
Inserted
Ambient Air Quality
Inserted
Incorporation By Reference
Inserted
Wisconsin Educational Services Program For The Deaf And Hard of Hearing And Wisconsin Center For The Blind And Visually Impaired
Inserted
High School Graduation Standards
Inserted
Disposition Of Funds
Inserted
Commencement Of School Term
Inserted
State Grant Programs
Inserted
Fee Schedule

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
Percent For Art Program
Removed
Individual Certification And Licensure
Removed
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Removed
Prescription Drug Monitoring Program
Removed
Nursing Homes
Removed
Facilities Serving People With Developmental Disabilities
Removed
Procedure
Removed
Practice And Procedure
Removed
Disability Benefits
Removed
Casualty Insurance
Removed
Administrative Actions; Rules Of Procedure For Contested Cases
Removed
General
Removed
Forms
Removed
Employee Welfare Funds; Employee Benefit Plan Administrators; Small Employer Health Insurance
Removed
Defined Network Plans
Removed
Regulatory Structures
Removed
Annual Audited Financial Reports, Annual Financial Statements And Examinations
Removed
Credit For Reinsurance
Removed
Game And Hunting
Removed
Ambient Air Quality
Removed
Incorporation By Reference
Removed
Wisconsin Educational Services Program For The Deaf And Hard of Hearing And Wisconsin Center For The Blind And Visually Impaired
Removed
Four-Year-Old Kindergarten Grants
Removed
High School Graduation Standards
Removed
Disposition Of Funds
Removed
Commencement Of School Term
Removed
Grants For Alcohol And Other Drug Abuse Programs
Removed
Grants For Peer Review And Mentoring
Removed
Grants For Tribal Language Revitalization
Removed
Grants For Alternative Education Programs
Removed
Fee Schedule
Removed
Heritage Tourism Pilot Program

Contact the Register Editors: (608)504-5899. Email Emma.Gradian@legis.wisconsin.gov or Michael.Duchek@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.