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

Wisconsin Administrative Register No. 762B

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

Publication Date: June 24, 2019
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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
EmR1910
Expires: November 14, 2019
Department of Public Instruction (PI)
ch. PI 36
Financial statements for special education services under open enrollment
EmR1909
Expires: September 11, 2019
Department of Public Instruction (PI)
ch. PI 34
Cleanup revisions to educator license rules
EmR1908
Expires: August 21, 2019
Department of Public Instruction (PI)
ch. PI 34
Educator licenses for military spouses
EmR1907
Expires: August 14, 2019
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 25
Harvest management regulations in the Lake Superior Fishery and affecting small business
EmR1906
Expires: August 8, 2019
Optometry Examining Board (Opt)
ch. Opt 3
ch. Opt 4
ch. Opt 7
The examination on the treatment and management of ocular disease
EmR1904
Expires: August 15, 2019
First Extension
Department of Workforce Development (DWD)
Chs. DWD 295-296; Apprenticeship
ch. DWD 295
ch. DWD 296
Apprenticeship program; equal employment opportunity
EmR1902
Expires: August 15, 2019
First Extension
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Wildlife harvest management regulations
EmR1901
Expires: January 6, 2021
Department of Corrections (DOC)
ch. DOC 347
Secured residential care centers
EmR1835
Expires: July 18, 2019
First Extension
Marriage and Family Therapy, Counseling, and Social Worker Examining Board (MPSW)
ch. MPSW 1
Substance use disorder specialty
EmR1833
Expires: July 18, 2019
First Extension
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 13
ch. NR 20
ch. NR 21
ch. NR 22
ch. NR 23
ch. NR 25
Taking catfish and rough fish by hand or with a bow and arrow or crossbow
EmR1831
Expires: The date on which the permanent rules take effect, as provided in s.601.83 (1) (g).
Office of the Commissioner of Insurance (Ins)
ch. Ins 19
Wisconsin healthcare stability plan
EmR1830
Expires: August 4, 2019
Second Extension
Department of Children and Families (DCF)
Chs. DCF 101-199; Family and Economic Security
ch. DCF 150
Correction affecting the determination of child support when the parents have shared placement and the payer receives the child’s SSDI benefits
EmR1828
Expires: July 29, 2019
Second Extension
Department of Children and Families (DCF)
Chs. DCF 101-199; Family and Economic Security
Chs. DCF 201-252; Early Care and Education
ch. DCF 102
ch. DCF 201
Child care subsidy program
EmR1826
Expires: July 21, 2019
Second Extension
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
EmR1824
Expires: July 9, 2019
Second Extension
Board of Nursing (N)
ch. N 8
Advance practice nurse prescribers collaboration with dentists
EmR1823
Expires: July 28, 2019
Second Extension
Funeral Directors Examining Board (FD)
ch. FD 1
ch. FD 2
ch. FD 3
ch. FD 4
ch. FD 6
Funeral director apprenticeships
EmR1816
Expires: July 31, 2020
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
ch. ATCP 100
Milk contractors
EmR1808
Expires: July 1, 2020
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP 22
Industrial hemp and affecting small businesses
EmR1807
Expires: July 1, 2020
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP22
Industrial hemp, and affecting small businesses
EmR1803
Expires: January 31, 2020
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
ch. ATCP 99
ch. ATCP 100
ch. ATCP 101
Grain dealers, milk contractors, and vegetable contractors
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 Safety and Professional Services (SPS)
Chs. SPS 1-29; Procedures, Miscellaneous
ch. SPS 6
ch. SPS 8
Uniform disciplinary procedures for the department and all affiliated credentialing boards
Department of Corrections (DOC)
ch. DOC 376
Security in Type I secured correctional facilities

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
Department of Public Instruction (PI)
ch. PI 36
Financial statements for special education services under open enrollment
Department of Natural Resources (NR)
Chs. NR 600-699; Environmental Protection – Hazardous Waste Management
ch. NR 149
ch. NR 211
ch. NR 502
ch. NR 506
ch. NR 660
ch. NR 661
ch. NR 662
ch. NR 663
ch. NR 664
ch. NR 665
ch. NR 666
ch. NR 667
ch. NR 668
ch. NR 670
ch. NR 673
ch. NR 679
The generation, transportation, recycling, treatment, storage, and disposal of hazardous waste, universal waste, pharmaceuticals, and used oil
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 102
Site-specific phosphorus water quality criteria for Petenwell Lake located in Wood, Juneau, and Adams Counties, Castle Rock Lake located in Adams and Juneau Counties, and Lake Wisconsin located in Columbia and Sauk Counties
Radiography Examining Board (RAD)
ch. RAD 1
ch. RAD 4
Scope of practice
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 220-; Body Art and Tanning Facilities
ch. SPS 220
ch. SPS 220 Appendix A
Tanning facilities

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
Department of Transportation (Trans)
ch. Trans 2
Elderly and disabled transportation capital assistance program
Department of Public Instruction (PI)
ch. PI 36
Financial statements for special education services under open enrollment
Department of Natural Resources (NR)
Chs. NR 600-699; Environmental Protection – Hazardous Waste Management
ch. NR 149
ch. NR 211
ch. NR 502
ch. NR 506
ch. NR 660
ch. NR 661
ch. NR 662
ch. NR 663
ch. NR 664
ch. NR 665
ch. NR 666
ch. NR 667
ch. NR 668
ch. NR 670
ch. NR 673
ch. NR 679
The generation, transportation, recycling, treatment, storage, and disposal of hazardous waste, universal waste, pharmaceuticals, and used oil
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 102
Site-specific phosphorus water quality criteria for Petenwell Lake located in Wood, Juneau, and Adams Counties, Castle Rock Lake located in Adams and Juneau Counties, and Lake Wisconsin located in Columbia and Sauk Counties
Radiography Examining Board (RAD)
ch. RAD 1
ch. RAD 4
Scope of practice
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 220-; Body Art and Tanning Facilities
ch. SPS 220
ch. SPS 220 Appendix A
Tanning facilities

Notices of Submittal of Rules to Legislature in Final Draft Form

Document
Agency
Chapter Groups
Chapters
Related to
Department of Transportation (Trans)
ch. Trans 400
Wisconsin environmental policy act
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 10-19; Animal Health
ch. ATCP 16
Dog sellers and dog facility operators

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 10-19; Animal Health
ch. ATCP 17
Livestock premises registration

Executive Orders

Document
Related to
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 Officer John D. Hetland of the Racine Police Department
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 Officer Kou Her of the Milwaukee Police Department

Public Notices

Document
Agency
Related to
Department of Natural Resources (NR)
Republication of the 762A3 register to include the corrected rule text for CR 19-078 that was incorrectly submitted to the Legislative Reference Bureau on 6/7/19
Department of Health Services (DHS)
Changes to the Medicaid nursing facility payment plan
Department of Health Services (DHS)
Changes to the Children's Health Insurance Program (CHIP) Child Health Plan

Guidance Documents

Agency

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 16-068
Effective: July 1, 2019
Veterinary Examining Board (VE)
ch. VE 1
ch. VE 7
Definition of veterinary medical surgery and the delegation of veterinary medical acts
CR 16-074
Effective: July 1, 2019
Department of Transportation (Trans)
ch. Trans 178
Unified carrier registration system
CR 18-014
Effective: July 1, 2019
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 140
Required services of local health departments
CR 18-022
Effective: July 1, 2019
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling of FUB-AMB
CR 18-023
Effective: July 1, 2019
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling of ortho-fluorofentanyl
CR 18-024
Effective: July 1, 2019
Controlled Substances Board (CSB)
ch. CSB 2
Exclusion of naldemedine from scheduling
CR 18-030
Effective: July 1, 2019
Board of Nursing (N)
ch. N 2
ch. N 9
Nurse licensure compact
CR 18-055
Effective: July 1, 2019
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling of oral solutions containing dronabinol
CR 18-067
Effective: July 1, 2019
Department of Natural Resources (NR)
Chs. NR 400-499; Environmental Protection – Air Pollution Control
ch. NR 422
Regulating volatile organic compound emissions from lithographic printing facilities
CR 18-069
Effective: July 1, 2019
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling of MT-45
CR 18-070
Effective: July 1, 2019
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling of Para-chloroisobutyryl fentanyl
CR 18-075
Effective: July 1, 2019
Funeral Directors Examining Board (FD)
ch. FD 1
ch. FD 2
ch. FD 3
ch. FD 4
ch. FD 6
Funeral director apprenticeships
CR 18-087
Effective: July 1, 2019
Department of Children and Families (DCF)
Chs. DCF 101-199; Family and Economic Security
ch. DCF 150
Correction affecting the determination of child support when the parents have shared placement and the payer receives the child’s SSDI benefits

Table of Administrative Code Provisions Revised in this Register

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
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Inserted
Child Support Percentage Of Income Standard
Inserted
Caregiver Background Checks
Inserted
Required Services Of Local Health Departments
Inserted
Licenses And Permits
Inserted
Standards Of Practice
Inserted
Rules Of Conduct
Inserted
Continuing Education Requirements
Inserted
Burial Agreements Funded With Life Insurance
Inserted
Licensure
Inserted
Nurse Licensure Compact
Inserted
Inserted
Control Of Organic Compound Emissions From Surface Coating, Printing And Asphalt Surfacing Operations
Inserted
Children With Disabilities
Inserted
Grants For National Teacher Certification Or Master Educator Licensure
Inserted
Unified Carrier Registration System
Inserted
Authority And Definitions
Inserted
Standards Of Practice And Unprofessional Conduct For Veterinarians

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
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Removed
Child Support Percentage Of Income Standard
Removed
Caregiver Background Checks
Removed
Required Services Of Local Health Departments
Removed
Licenses And Permits
Removed
Standards Of Practice
Removed
Rules Of Conduct
Removed
Continuing Education Requirements
Removed
Burial Agreements Funded With Life Insurance
Removed
Licensure
Removed
Nurse Licensure Compact
Removed
Removed
Control Of Organic Compound Emissions From Surface Coating, Printing And Asphalt Surfacing Operations
Removed
Children With Disabilities
Removed
Grants For National Teacher Certification Or Master Educator Licensure
Removed
Unified Carrier Registration System
Removed
Authority And Definitions
Removed
Standards Of Practice And Unprofessional Conduct For Veterinarians

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.