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

Wisconsin Administrative Register No. 786B

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

Publication Date: June 28, 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
EmR2118
Pending: Effective June 29, 2021
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 102
Employer contribution rates for 2022
EmR2117
Expires: November 8, 2021
Department of Public Instruction (PI)
ch. PI 35
ch. PI 48
ch. PI 49
Parental Choice and Special Needs Scholarship Programs offsetting revenue
EmR2116
Expires: November 1, 2021
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 102
ch. DHS 103
ch. DHS 109
Medicaid eligibility requirements
EmR2115
Expires: October 30, 2021
Department of Transportation (Trans)
ch. Trans 230
Permits for loads exceeding size, weight, and vehicle combination limits
EmR2114
Expires: October 17, 2021
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 25
Lake Michigan whitefish management and affecting small business
EmR2113
Expires: October 2, 2021
Accounting Examining Board (Accy)
ch. Accy 2
Uniform CPA examination deadline
EmR2112
Expires: October 2, 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
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
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
EmR2104
Expires: August 20, 2021
First Extension
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Minocqua Chain walleye harvest regulations
EmR2101
Expires: July 29, 2021
First Extension
Psychology Examining Board (Psy)
ch. Psy 4
Renewal and reinstatement of licenses
EmR2047
Expires: July 29, 2021
First Extension
Department of Transportation (Trans)
ch. Trans 154
Odometer disclosure requirements
EmR2046
Expires: September 10, 2021
Second Extension
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
EmR2043
Expires: August 28, 2021
Second Extension
Department of Public Instruction (PI)
ch. PI 34
Licensing flexibilities during a pandemic declaration
EmR2040
Expires: July 20, 2021
Second 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
EmR2037
Expires: October 26, 2021
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling flualprazolam
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
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling oliceridine

Notices of Public Hearing and Comment Period for Statements of Scope

Document
Agency
Chapter Groups
Chapters
Related to
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
Chs. NR 200-299; Environmental Protection – Wisconsin Pollutant Discharge Elimination System
ch. NR 102
ch. NR 106
ch. NR 205
ch. NR 207
Revisions to chapters NR 102, 106, 205, and 207, and other related regulations for the purpose of updating Wisconsin’s water quality antidegradation policy and procedures
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Sturgeon spearing harvest regulations and gear use
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 102
ch. DHS 103
ch. DHS 109
Medicaid eligibility requirements

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
Radiography Examining Board (RAD)
ch. RAD 4
Scope of practice
Real Estate Examining Board (REEB)
ch. REEB 12
Reciprocal credentials for service members, former service members and their spouses

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
Department of Public Instruction (PI)
ch. PI 35
ch. PI 48
ch. PI 49
Parental Choice and Special Needs Scholarship Programs offsetting revenue, statements of actual cost, and affecting small business
Radiography Examining Board (RAD)
ch. RAD 4
Scope of practice
Real Estate Examining Board (REEB)
ch. REEB 12
Reciprocal credentials for service members, former service members and their spouses

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
Occupational Therapists Affiliated Credentialing Board (OT)
ch. OT 3
Biennial registration
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 30-49; Private Detectives
ch. SPS 30
ch. SPS 33
ch. SPS 34
ch. SPS 35
Electric weapons
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 150-159; Athlete Agents
ch. SPS 150
ch. SPS 151
ch. SPS 152
ch. SPS 153
ch. SPS 154
Athlete agent registration and fees
Occupational Therapists Affiliated Credentialing Board (OT)
ch. OT 2
Reciprocal credentials for service members, former service members, and their spouses

Executive Orders

Document
Related to
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 the former State Representative Ann Hraychuck

Public Notices

Document
Agency
Related to
Department of Natural Resources (NR)
Air contaminant emissions inventory reporting requirements
Department of Health Services (DHS)
State of Wisconsin medicaid nursing facility payment plan: July 1, 2021 through June 30, 2022
Department of Natural Resources (NR)
Coal combustion residual landfills
Department of Natural Resources (NR)
Minor changes to fishing regulations on inland, outlying and boundary waters (2021 Fisheries Management housekeeping rule)

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 18-054
Effective: July 1, 2021
Nursing Home Administrator Examining Board (NHA)
ch. NHA 1
ch. NHA 2
ch. NHA 3
ch. NHA 4
Requirements for licensure, examinations, and approval of educational programs
CR 19-110
Effective: June 1, 2021
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
CR 20-010
Effective: July 1, 2021
Ethics Commission (ETH)
ch. ETH 1
Campaign finance
CR 20-019
Effective: July 1, 2021
Ethics Commission (ETH)
ch. ETH 26
Ethics Commission settlement schedule
CR 20-037
Effective: July 1, 2021
Chiropractic Examining Board (Chir)
ch. Chir 3
Reciprocal credentials for service members, former service members, and their spouses
CR 20-045
Effective: July 1, 2021
Funeral Directors Examining Board (FD)
ch. FD 1
ch. FD 4
Education requirements for licensure and continuing education requirements
CR 20-048
Effective: July 1, 2021
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling of 5F-EDMB-PINACA, 5F-MDMB-PICA, FUB-AKB48, 5F-CUMYL-PINACA, and FUB-144
CR 20-049
Effective: July 1, 2021
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling of brexanolone and solriamfetol
CR 20-050
Effective: July 1, 2021
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling of N-Ethylhexedrone, a-PHP, 4-MEAP, MPHP, PV8 and 4-chloro-a-PVP
CR 20-051
Effective: July 1, 2021
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling of noroxymorphone
CR 20-052
Effective: July 1, 2021
Department of Financial Institutions (DFI)
Chs. DFI-CU 51-75; Department of Financial Institutions-Credit Unions
ch. DFI-CU 54
ch. DFI-CU 56
ch. DFI-CU 57
ch. DFI-CU 58
ch. DFI-CU 63
ch. DFI-CU 66
ch. DFI-CU 73
Clean-up of obsolete and outdated rules
CR 20-054
Effective: July 1, 2021
Physical Therapy Examining Board (PT)
ch. PT 1
Reciprocal credentials for service members, former service members, and their spouses
CR 20-055
Effective: July 1, 2021
Physical Therapy Examining Board (PT)
ch. PT 1
ch. PT 5
ch. PT 7
Supervision of students
CR 20-056
Effective: July 1, 2021
Physical Therapy Examining Board (PT)
ch. PT 1
ch. PT 2
ch. PT 3
ch. PT 4
ch. PT 5
ch. PT 7
Implementation of physical therapy licensure compact

Legislative Acts Modifying or Repealing Rules

Document
Agency
Chapter Groups
Chapters
Related to
2021 Wisconsin Act 35
Effective: December 1, 2021
Department of Children and Families (DCF)
Chs. DCF 101-199; Family and Economic Security
ch. DCF 150
Calculating the child support obligation and elimination of family support

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
Minimum Standards For Property Surveys
Inserted
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Inserted
Prescription Drug Monitoring Program
Inserted
Licensure
Inserted
Child Support Standard
Inserted
Real Estate Mortgage Loans
Inserted
Credit Union Review Board
Inserted
Remote Service Units
Inserted
Certification Of Programs For Training And Testing Nurse Aides, Medication Aides And Feeding Assistants
Inserted
Certification For The Identification, Removal And Reduction Of Lead-Based Paint Hazards
Inserted
Private Employment Agents Required To Be Licensed Under ch. 105, Stats.
Inserted
Contracts For Construction Of Public Works
Inserted
Appendix A Related Labor Standards State Statutes And Administrative Rules That Apply To Public Works Projects
Inserted
Campaign Financing
Inserted
Settlement Offer Schedule
Inserted
Licenses And Permits
Inserted
Continuing Education Requirements
Inserted
Authority And Definitions
Inserted
Requirements For Examination
Inserted
Educational Programs Meeting Licensing And Continuing Educational Requirements
Inserted
Licensure
Inserted
Procedures For Calculating Water Quality Based Effluent Limitations For Point Source Discharges To Surface Waters
Inserted
Groundwater Quality
Inserted
Laboratory Accreditation
Inserted
Appendix I Analytical Technologies, Analytes, Analyte Groups, Classes, and Methods Available for Accreditation
Inserted
Management Of Pcbs And Products Containing Pcbs
Inserted
Application For Discharge Permits And Water Quality Standards Variances
Inserted
Analytical Test Methods And Procedures
Inserted
Glass Manufacturing
Inserted
Meat Products
Inserted
Coil Coating
Inserted
General Solid Waste Management Requirements
Inserted
Environmental Monitoring For Landfills
Inserted
General Requirements
Inserted
License And Compact Privilege To Practice Physical Therapy
Inserted
Examinations
Inserted
Temporary Licenses
Inserted
Locum Tenens License
Inserted
Physical Therapist Assistants, Unlicensed Personnel, And Students
Inserted
Unprofessional Conduct
Inserted
Dismissal Of Academic Staff For Cause

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
Minimum Standards For Property Surveys
Removed
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Removed
Prescription Drug Monitoring Program
Removed
Licensure
Removed
Child Support Percentage Of Income Standard
Removed
Real Estate Mortgage Loans
Removed
Credit Union Review Board
Removed
Retention Of Credit Union Books And Records
Removed
Sale Of Credit Life And Health And Accident Insurance In Connection With Credit Union Loans
Removed
Remote Service Units
Removed
Credit Union Limited Services Offices Located Out-Of-State
Removed
Audits And Verifications
Removed
Certification Of Programs For Training And Testing Nurse Aides, Medication Aides And Feeding Assistants
Removed
Certification For The Identification, Removal And Reduction Of Lead-Based Paint Hazards
Removed
Private Employment Agents Required To Be Licensed Under ch. 105, Stats.
Removed
Contracts For Construction Of Public Works
Removed
Appendix A Related Labor Standards State Statutes And Administrative Rules That Apply To Public Works Projects
Removed
Campaign Financing
Removed
Settlement Offer Schedule
Removed
Licenses And Permits
Removed
Continuing Education Requirements
Removed
Authority And Definitions
Removed
Requirements For Examination
Removed
Educational Programs Meeting Licensing And Continuing Educational Requirements
Removed
Licensure
Removed
Procedures For Calculating Water Quality Based Effluent Limitations For Point Source Discharges To Surface Waters
Removed
Groundwater Quality
Removed
Laboratory Accreditation
Removed
Appendix I Analytical Technologies, Analytes, Analyte Groups, Classes, and Methods Available for Accreditation
Removed
Management Of Pcbs And Products Containing Pcbs
Removed
Application For Discharge Permits And Water Quality Standards Variances
Removed
Analytical Test Methods And Procedures
Removed
Glass Manufacturing
Removed
Meat Products
Removed
Coil Coating
Removed
General Solid Waste Management Requirements
Removed
Environmental Monitoring For Landfills
Removed
General Requirements
Removed
License To Practice Physical Therapy
Removed
Examinations
Removed
Temporary Licenses
Removed
Locum Tenens License
Removed
Physical Therapist Assistants And Unlicensed Personnel
Removed
Unprofessional Conduct
Removed
Dismissal Of Academic Staff For Cause

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.