Skip navigation Wisconsin State Legislature

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

Wisconsin Administrative Register No. 791B

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

Publication Date: November 29, 2021
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
EmR2128
Expires: April 22, 2022
First Appearance
Physical Therapy Examining Board (PT)
ch. PT 1
ch. PT 5
Supervision of physical therapist assistants
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
EmR2126
Expires: March 15, 2022
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Minocqua Chain walleye harvest regulations
EmR2125
Expires: March 1, 2022, except Sections 1 and 2 expire on April 24, 2022
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 102
ch. DWD 113
ch. DWD 123
Protecting Wisconsin employers from the adverse financial effects of COVID-19
EmR2124
Expires: July 1, 2023, or the date on which the permanent rules take effect, whichever is sooner.
Department of Children and Families (DCF)
Chs. DCF 021-99; Safety and Permanence
ch. DCF 61
Qualified residential treatment programs
EmR2123
Expires: January 17, 2022
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
Chs. NR 500-599; Environmental Protection – Solid Waste Management
ch. NR 114
ch. NR 146
ch. NR 524
Allowing for third party administration of operator certification examinations and affecting small business
EmR2122
Expires: January 16, 2022
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Establishing migratory bird season framework and regulations
EmR2121
Expires: January 1, 2022
Department of Health Services (DHS)
Chs. DHS 1-19; Management and Technology and Strategic Finance
ch. DHS 10
Requirements for adult long-term care
EmR2120
Expires: December 19, 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
EmR2119
Expires: December 19, 2021
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Lake trout harvest and season in Lake Michigan (Ch. NR 20)
EmR2117
Expires: January 7, 2022
First Extension
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: December 31, 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
EmR2115
Expires: December 29, 2021
First Extension
Department of Transportation (Trans)
ch. Trans 230
Permits for loads exceeding size, weight, and vehicle combination limits
EmR2114
Expires: December 16, 2021
First Extension
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: December 1, 2021
First Extension
Accounting Examining Board (Accy)
ch. Accy 2
Uniform CPA examination deadline
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: December 22, 2021
Second Extension
Department of Children and Families (DCF)
Chs. DCF 201-252; Early Care and Education
ch. DCF 201
Child care subsidy program
EmR2109
Expires: December 13, 2021
Second Extension
Department of Workforce Development (DWD)
Ch. DWD 301; Migrant Labor
ch. DWD 301
COVID-19 protections for migrant workers
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
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
SS 106-21
Department of Justice (Jus)
ch. Jus 17
ch. Jus 18
Licenses authorizing persons to carry concealed weapons and concealed carry certification cards for qualified former federal law enforcement officers and former out-of-state law enforcement officers who reside in Wisconsin

Notices of Public Hearing and Comment Period for Statements of Scope

Document
Agency
Chapter Groups
Chapters
Related to
SS 103-21 Notice of Hearing
Department of Public Instruction (PI)
ch. PI 34
Grade ranges for school administrators and speech-language pathologists
SS 104-21 Notice of Hearing
Department of Public Instruction (PI)
ch. PI 34
Tier I, 3-year school district-sponsored license with stipulations
SS 105-21 Notice of Hearing
Department of Public Instruction (PI)
ch. PI 24
Calculation of aid under the achievement gap reduction program

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
CR 21-093
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 140- ; Marketing
ch. ATCP 160
County and district fairs
CR 21-094
Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board (MPSW)
ch. MPSW 11
Professional counselor training licenses
CR 21-095
Department of Public Instruction (PI)
ch. PI 11
Reevaluation criteria for orthopedic impairment, traumatic brain injury, and significant developmental delay disability categories
CR 21-096
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
CR 21-097
Department of Workforce Development (DWD)
Chs. DWD 218-225; Civil Rights
ch. DWD 226
Bone marrow donation leave and organ donation leave
CR 21-098
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling oliceridine

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
CR 21-079, EmR2128
Physical Therapy Examining Board (PT)
ch. PT 5
Supervision of physical therapist assistants
CR 21-093
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 140- ; Marketing
ch. ATCP 160
County and district fairs
CR 21-094
Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board (MPSW)
ch. MPSW 11
Professional counselor training licenses
CR 21-097
Department of Workforce Development (DWD)
Chs. DWD 218-225; Civil Rights
ch. DWD 226
Bone marrow donation leave and organ donation leave
CR 21-098
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling oliceridine

Notices of Submittal of Rules to Legislature in Final Draft Form

Document
Agency
Chapter Groups
Chapters
Related to
CR 21-041
Department of Natural Resources (NR)
Chs. NR 500-599; Environmental Protection – Solid Waste Management
ch. NR 500
ch. NR 502
ch. NR 520
ch. NR 530
Electronics recycling program requirements
CR 21-058
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 19
ch. NR 20
ch. NR 21
ch. NR 22
ch. NR 23
The 2021 Fisheries Management housekeeping rule amending chs. NR 19 – 26 and relating to minor changes to fishing regulations on inland, outlying and boundary waters
CR 21-059
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 140- ; Marketing
ch. ATCP 149
Potato industry
CR 21-064
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Lake trout harvest and season in Lake Michigan

Emergency Rules Filed with Legislative Reference Bureau

Document
Agency
Chapter Groups
Chapters
Related to
EmR2128
Physical Therapy Examining Board (PT)
ch. PT 5
Supervision of physical therapist assistants

Executive Orders

Document
Related to
EO 141
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 victims of the tragedy at the 2021 Waukesha Christmas parade
EO 142
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 officer Daniel J. Daly of the Beloit Police Department

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 19-088
Effective: December 1, 2021
Office of the Commissioner of Insurance (Ins)
ch. Ins 19
Wisconsin Healthcare Stability Plan
CR 20-006
Effective: December 1, 2021
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 105
Adult day care centers
CR 20-017
Effective: December 1, 2021
Podiatry Affiliated Credentialing Board (Pod)
ch. Pod 3
Continuing podiatric medical education
CR 20-032
Effective: December 1, 2021
Marriage and Family Therapy, Counseling, and Social Worker Examining Board (MPSW)
ch. MPSW 11
Degrees from programs accredited by the Council for Accreditation of Counseling and Related Educational Programs
CR 20-040
Effective: December 1, 2021
Podiatry Affiliated Credentialing Board (Pod)
ch. Pod 9
Physician assistants
CR 20-066
Effective: December 1, 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
CR 20-073
Effective: December 1, 2021
Department of Public Instruction (PI)
ch. PI 11
Emotional behavior disability criteria
CR 21-021
Effective: April 1, 2022
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
The 2021 spring hearing rule relating to fishing regulations on inland, outlying and boundary waters; Chs. NR 19-26
CR 21-038
Effective: January 1, 2022
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Guide licenses and reporting requirements and affecting small business

Legislative Acts Modifying or Repealing Rules

Document
Agency
Chapter Groups
Chapters
Related to
2021 Wisconsin Act 86
Effective: November 7, 2021
Public Service Commission (PSC)
ch. PSC 184
Meter installation, repair, or replacement projects by water utilities and modifying administrative rules related to meter installation, repair, or replacement projects

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
Office of the Commissioner of Insurance (Ins) TOC
TOC
Podiatry Affiliated Credentialing Board (Pod) TOC
Inserted
DHS 75
Community Substance Abuse Service Standards
Inserted
DHS 105
Provider Certification
Inserted
DHS 108
General Administration
Inserted
Ins 19
Wisconsin Healthcare Stability Plan
Inserted
MPSW 11
Application For Professional Counselor Licensure
Inserted
NR 20
Fishing: Inland Waters; Outlying Waters
Inserted
PI 11
Children With Disabilities
Inserted
PSC 184
Construction Of And Placing Into Operation Of Water And Sewer Facilities
Inserted
Pod 3
Continuing Podiatric Medical Education
Inserted
Pod 9
Physician Assistants

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
DHS 75
Community Substance Abuse Service Standards
Removed
DHS 105
Provider Certification
Removed
DHS 108
General Administration
Removed
MPSW 11
Application For Professional Counselor Licensure
Removed
NR 20
Fishing: Inland Waters; Outlying Waters
Removed
PI 11
Children With Disabilities
Removed
PSC 184
Construction Of And Placing Into Operation Of Water And Sewer Facilities
Removed
Pod 3
Continuing Podiatric Medical Education

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