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

Wisconsin Administrative Register No. 784B

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

Publication Date: April 26, 2021
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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
EmR2110
Expires: August 24, 2021
Department of Children and Families (DCF)
Chs. DCF 201-252; Early Care and Education
ch. DCF 201
Child care subsidy program
EmR2109
Expires: August 15, 2021
Department of Workforce Development (DWD)
Ch. DWD 301; Migrant Labor
ch. DWD 301
COVID-19 protections for migrant workers
EmR2108
Expires: July 28, 2021
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 113
Waiving interest in limited circumstances for employers subject to reimbursement financing when reimbursements are delinquent due to COVID-19
EmR2107
Expires: July 11, 2021
Board of Nursing (N)
ch. N 1
ch. N 2
ch. N 3
ch. N 4
ch. N 6
ch. N 7
ch. N 8
Waiver of requirements in emergency situations
EmR2106
Expires: July 10, 2021
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 127
ch. DWD 128
Work search waivers, availability for work, and work available for people filing claims with the unemployment insurance program during the COVID-19 pandemic
EmR2105
Expires: June 23, 2021
Pharmacy Examining Board (Phar)
ch. Phar 2
Endorsement requirements for pharmacists
EmR2104
Expires: June 21, 2021
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Minocqua Chain walleye harvest regulations
EmR2103
Expires: June 11, 2021
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 107
Medicaid covered services
EmR2102
Expires: June 16, 2021
Pharmacy Examining Board (Phar)
ch. Phar 15
Re-use of personal protective equipment
EmR2101
Expires: May 30, 2021
Psychology Examining Board (Psy)
ch. Psy 4
Renewal and reinstatement of licenses
EmR2048
Expires: May 29, 2021
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
ch. NR 25
Fish harvest in Lake Superior
EmR2047
Expires: May 30, 2021
Department of Transportation (Trans)
ch. Trans 154
Odometer disclosure requirements
EmR2046
Expires: May 13, 2021
Department of Public Instruction (PI)
ch. PI 5
Age waivers for general educational development tests
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
EmR2044
Expires: May 5, 2021
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 123
Benefit charges for initial claims related to the public health emergency declared by Executive Order 72
EmR2043
Expires: April 30, 2021
Department of Public Instruction (PI)
ch. PI 34
Licensing flexibilities during a pandemic declaration
EmR2041
Expires: May 23, 2021
First Extension
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 107
Medicaid benefits management
EmR2040
Expires: May 21, 2021
First Extension
Department of Health Services (DHS)
Chs. DHS 1-19; Management and Technology and Strategic Finance
ch. DHS 10
Requirements for adult long-term care
EmR2039
Expires: In effect until 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
EmR2038
Expires: May 1, 2021, or the date on which permanent rules take effect, whichever is sooner
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors (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
Retired credential status
EmR2037
Expires: October 26, 2021
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling flualprazolam
EmR2036
Expires: May 21, 2021
First Extension
Funeral Directors Examining Board (FD)
ch. FD 1
ch. FD 4
Education requirements for licensure and continuing education requirements
EmR2033
Expires: May 30, 2021
First Extension
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 102
ch. DHS 103
ch. DHS 109
Medicaid eligibility requirements
EmR2032
Expires: June 4, 2021
Second Extension
Department of Natural Resources (NR)
Chs. NR 700-799; Environmental Protection – Investigation and Remediation of Environmental Contamination
ch. NR 700
ch. NR 725
ch. NR 726
ch. NR 727
ch. NR 750
ch. NR 754
ch. NR 756
ch. NR 758
Financial responsibility for engineering controls for contaminated sediment remediation, and insurance and financial responsibility for Voluntary Party Liability Exemption projects with contaminated sediments; Chapters NR 700, 725, 726, 727, 750, 754,756, 758, Wis Adm. Code.
EmR2031
Expires: May 22, 2021
Second Extension
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 110
Emergency medical services licensure, certification, and staffing requirements
EmR2030
Expires: May 23, 2021
Second Extension
Department of Veterans Affairs (VA)
ch. VA 2
Veterans assistance grants
EmR2029
Expires: May 6, 2021
Second Extension
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 129
Certification of programs for training and testing nurse aides and feeding assistants
EmR2027
Expires: May 10, 2021
Second Extension
Board of Regents of the University of Wisconsin System (UWS)
ch. UWS 17
Nonacademic student misconduct
EmR2026
Expires: May 10, 2021
Second Extension
Board of Regents of the University of Wisconsin System (UWS)
ch. UWS 11
Addressing allegations of sexual misconduct against faculty, academic staff, and students of the University of Wisconsin System
EmR2025
Expires: May 10, 2021
Second Extension
Board of Regents of the University of Wisconsin System (UWS)
ch. UWS 7
Procedures for dismissal of faculty in special cases
EmR2024
Expires: May 10, 2021
Second Extension
Board of Regents of the University of Wisconsin System (UWS)
ch. UWS 4
Procedures for dismissal of faculty
EmR2023
Expires: April 28, 2021
First Extension
Department of Safety and Professional Services (SPS)
Chs. SPS 301-399 ; Safety, Buildings, and Environment
Chs. SPS 301-319; General, Part I
ch. SPS 305
Continuing education
EmR2017
Expires: June 25, 2021
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling MMB-FUBICA and 4F-MDMB-BINACA
EmR2013
Expires: June 4, 2021
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling Isotonitazene and 1P-LSD
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
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
Office of the Commissioner of Insurance (Ins)
ch. Ins 40
Holding company system regulation amendments
Medical Examining Board (Med)
ch. Med 1
Licenses to practice medicine and surgery
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 90-139; Trade and Consumer Protection
ch. ATCP 94
Petroleum and other liquid fuel products
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 140- ; Marketing
ch. ATCP 160
County and district fairs
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 129
Nurse aide training program requirements

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 163
Certification for the identification, removal and reduction of lead-based paint hazards
Department of Revenue (Tax)
ch. Tax 1
Predeterminations regarding license eligibility due to conviction records
Department of Safety and Professional Services (SPS)
Chs. SPS 301-399 ; Safety, Buildings, and Environment
Chs. SPS 301-319; General, Part I
ch. SPS 305
Continuing education

Executive Orders

Document
Related to
Directing state-managed law enforcement to review and update use of force policies
Conservation and restoration of forestland in Wisconsin

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 20-024
Effective: May 1, 2021
Department of Public Instruction (PI)
ch. PI 34
Changes to rules governing substitute educational interpreter licenses
CR 20-035
Effective: May 1, 2021
Department of Safety and Professional Services (SPS)
Chs. SPS 301-399 ; Safety, Buildings, and Environment
Chs. SPS 301-319; General, Part I
ch. SPS 305
Continuing education
CR 20-057
Effective: May 1, 2021
Department of Safety and Professional Services (SPS)
Chs. SPS 301-399 ; Safety, Buildings, and Environment
Chs. SPS 301-319; General, Part I
ch. SPS 318
Private residence elevators

Legislative Acts Modifying or Repealing Rules

Document
Agency
Chapter Groups
Chapters
Related to
2021 Wisconsin Act 14
Effective: May 1, 2021
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
The use of wood to contain bear bait or feed in logs or stumps
2021 Wisconsin Act 23
Effective: April 1, 2022
Medical Examining Board (Med)
ch. Med 8
Regulation of physicial assistants, creating Physicial Assistant Affiliated Credentialing Board, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, granting rule-making authority, and providing a penalty

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
Wisconsin Works
Inserted
Physician Assistants
Inserted
Game And Hunting
Inserted
Hazardous Waste Management: General
Inserted
Hazardous Waste Identification And Listing
Inserted
Hazardous Waste Generator Standards
Inserted
Hazardous Waste Transporter Standards
Inserted
Hazardous Waste Treatment, Storage And Disposal Facility Standards
Inserted
Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards
Inserted
Standards For Managing Specific Hazardous Wastes And Specific Types Of Hazardous Waste Management Facilities
Inserted
Hazardous Waste Land Disposal Restrictions
Inserted
Hazardous Waste Licensing And Decisionmaking Procedures
Inserted
Appendix I Classification Of License Modification
Inserted
Universal Waste Management Standards
Inserted
Educator Licenses
Inserted
Licenses, Certifications And Registrations
Inserted
Elevators, Escalators, and Lift Devices

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
Wisconsin Works
Removed
Physician Assistants
Removed
Game And Hunting
Removed
Hazardous Waste Management: General
Removed
Hazardous Waste Identification And Listing
Removed
Hazardous Waste Generator Standards
Removed
Hazardous Waste Transporter Standards
Removed
Hazardous Waste Treatment, Storage And Disposal Facility Standards
Removed
Interim License Hazardous Waste Treatment, Storage And Disposal Facility Standards
Removed
Standards For Managing Specific Hazardous Wastes And Specific Types Of Hazardous Waste Management Facilities
Removed
Hazardous Waste Land Disposal Restrictions
Removed
Hazardous Waste Licensing And Decisionmaking Procedures
Removed
Appendix I Classification Of License Modification
Removed
Universal Waste Management Standards
Removed
Educator Licenses
Removed
Licenses, Certifications And Registrations
Removed
Elevators, Escalators, and Lift Devices

Contact the Register Editors: (608) 504-5824. Email Jill.Kauffman@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.