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

Wisconsin Administrative Register No. 797B

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

Publication Date: May 31, 2022
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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
EmR2206
Expires: April 1, 2023, or until the date on which permanent rules take effect, whichever is sooner
Physician Assistant Affiliated Credentialing Board (PA)
ch. PA 1
ch. PA 2
ch. PA 3
ch. PA 4
ch. PA 5
Physician assistants
EmR2205
Expires: August 1, 2022
Department of Military Affairs [Emergency Management] (WEM)
ch. WEM 7
Eligibility criteria for disaster funds authorized by s. 323.31
EmR2204
Expires: July 28, 2022
Department of Workforce Development (DWD)
Ch. DWD 301; Migrant Labor
ch. DWD 301
COVID-19 protections for migrant workers
EmR2203
Expires: July 13, 2022
Department of Revenue (Tax)
ch. Tax 3
The active duty military pay subtraction
EmR2202
Expires: June 13, 2022
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 131-139; Home Inspection
ch. SPS 131
Home inspections and home inspector education
EmR2201
Expires: June 19, 2022
Department of Veterans Affairs (VA)
ch. VA 2
Employment and entrepreneurship (EE) grants transition program
EmR2131
Expires: June 8, 2022
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 115
Screening newborns for congenital disorders
EmR2130
Expires: July 29, 2022
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
EmR2129
Expires: July 2, 2022
First Extension
Department of Public Instruction (PI)
ch. PI 11
Specific learning disability evaluations in and homeschool and private school settings
EmR2128
Expires: June 21, 2022
First Extension
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
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
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
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
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 046-22
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 107
Complex rehabilitation technology reimbursement

Notices of Public Hearing and Comment Period for Statements of Scope

Document
Agency
Chapter Groups
Chapters
Related to
SS 022-22 Notice of Hearing
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 542
ch. NR 544
Statewide materials recycling and effective recycling programs
SS 025-22 Notice of Hearing
Department of Natural Resources (NR)
Chs. NR 800- ; Environmental Protection – Water Supply
ch. NR 854
Statewide water supply service area planning for municipalities serving populations greater than 10,000 people
SS 026-22 Notice of Hearing
Department of Natural Resources (NR)
ch. NR 851
Management of diversions (transfers of water from the Great Lakes basin to outside of the Great Lakes basin) and intrabasin transfers including the application and review process and other related criteria
SS 036-22 Notice of Hearing
Department of Corrections (DOC)
ch. DOC 346
Secure detention for juveniles

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
CR 22-046
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 109
SeniorCare prescription drugs
CR 22-047
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 120-129; Auctioneers and Auction Companies
ch. SPS 121
Reciprocal credentials for service members, former service members, and their spouses

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
CR 22-047
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 120-129; Auctioneers and Auction Companies
ch. SPS 121
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
CR 21-004
Optometry Examining Board (Opt)
ch. Opt 3
Reciprocal credentials for service members, former service members, and their spouses
CR 21-075
Department of Military Affairs (DMA)
ch. DMA 2
Establishment of eligibility criteria and appropriate purposes for competitive grants to local public safety answering points
CR 21-087
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 129
Nurse aide training program requirements
CR 21-103
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 19
Amending the list of date-regulated wild rice harvesting waters in s. NR 19.09 (4)
CR 22-003
Department of Administration (Adm)
ch. Adm 70
Updating standards to implement the Uniform Real Property Electronic Recording Act

Executive Orders

Document
Related to
EO 164
Declaring a period of abnormal economic disruption and prohibiting price gouging due to infant formula supply challenges
EO 165
A proclamation that the flag of the United States and the flag of the State of Wisconsin be flown at half-staff on Memorial Day

Actions By The Joint Committee For Review of Administrative Rules

Document
Affected Emergency Rules
Affected Clearinghouse Rules
Affected Code Chapters
Actions Taken by JCRAR on May 25, 2022: EmR2130
EmR2130

Public Notices

Document
Agency
Related to
Public Notice: Notice of Public Hearing
Office of the Commissioner of Insurance (Ins)
Wisconsin Healthcare Stability Plan (WIHSP) annual public forum and a public hearing on OCI’s intention to apply for an extension of the Section 1332 State Innovation Waiver

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 20-085
Effective: June 1, 2022
Chiropractic Examining Board (Chir)
ch. Chir 4
Chiropractic practice
CR 20-088
Effective: June 1, 2022
Department of Natural Resources (NR)
Chs. NR 400-499; Environmental Protection – Air Pollution Control
ch. NR 400
ch. NR 419
ch. NR 421
ch. NR 422
ch. NR 423
ch. NR 425
ch. NR 439
ch. NR 484
Implementing reasonably available control technology for volatile organic compound emissions from miscellaneous metal and plastic parts coatings and miscellaneous industrial adhesives
CR 21-001
Effective: June 1, 2022
Massage Therapy and Bodywork Therapy Affiliated Credentialing Board (MTBT)
ch. MTBT 2
Reciprocal credentials for service members, former service members, and their spouses
CR 21-047
Effective: June 1, 2022
Department of Safety and Professional Services (SPS)
Chs. SPS 320-325; Uniform Dwelling Code
ch. SPS 320
ch. SPS 321
Update to Uniform Dwelling (One-and 2-family dwellings) Code and manufactured home communities
CR 21-051
Effective: June 1, 2022
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 115
Screening newborns for congenital and metabolic disorders
CR 21-061
Effective: June 1, 2022
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 10-19; Animal Health
ch. ATCP 16
Dog sellers and dog facility operators
CR 21-066
Effective: June 1, 2022
Office of the Commissioner of Insurance (Ins)
ch. Ins 52
Credit for reinsurance accreditation amendments
CR 21-081
Effective: June 1, 2022, except certain Sections take effect as specified in the rule.
Department of Health Services (DHS)
Chs. DHS 1-19; Management and Technology and Strategic Finance
ch. DHS 10
Requirements for adult long-term care
CR 21-082
Effective: June 1, 2022
Department of Public Instruction (PI)
ch. PI 36
General updates to open enrollment procedures
CR 21-095
Effective: June 1, 2022
Department of Public Instruction (PI)
ch. PI 11
Reevaluation criteria for orthopedic impairment, traumatic brain injury, and significant developmental delay disability categories

Table of Administrative Code Provisions Revised in this Register

Revisions Table

Announcements of Chapter Renumbers and Code Reorganizations

Document
Agency
Chapter Groups
Chapters
Related to
Renumber of Ch. DWD 80.20 to s. HA 4.05 (2)
Department of Administration-Division of Hearings and Appeals (HA)
Department of Workforce Development (DWD)
ch. HA 4
ch. DWD 80
Procedure and practice for worker’s compensation and related cases

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
Department of Health Services (DHS), Chs. DHS 30-100; Community Services TOC
TOC
Department of Workforce Development (DWD), Chs. DWD 80-81; Worker’s Compensation TOC
TOC
Office of the Commissioner of Insurance (Ins) TOC
Inserted
ATCP 16
Dog Sellers And Dog Facility Operators
Inserted
ATCP 20
Seed Labeling And Sale
Inserted
ATCP 21
Plant Inspection And Pest Control
Inserted
ATCP 33
Fertilizer And Pesticide Bulk Storage
Inserted
ATCP 76
Safety, Maintenance, and Operation of Public Pools and Water Attractions
Inserted
CSB 2
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Inserted
Chir 4
Practice
Inserted
DHS 10
Family Care
Inserted
DHS 75
Community Substance Use Service Standards
Inserted
DHS 115
Screening Of Newborns For Congenital Disorders
Inserted
DWD 80
Worker's Compensation
Inserted
HA 4
Procedure And Practice for Worker's Compensation And Related Cases
Inserted
Ins 52
Credit For Reinsurance
Inserted
Ins 52 Appendix A
Form AR-1
Inserted
Ins 52 Appendix B
Form CR-1
Inserted
Ins 52 Appendix C
Form RJ-1
Inserted
Ins 52 Appendix D
Form CR-F -- Part 1
Inserted
Ins 52 Appendix E
Form CR-F – PART 2
Inserted
Ins 52 Appendix F
Form CR-S – PART 1 – SECTION 1
Inserted
Ins 52 Appendix G
Form CR-S – PART 1 – SECTION 2
Inserted
Ins 52 Appendix H
Form CR-S – PART 2
Inserted
MTBT 2
Application
Inserted
NR 1
Natural Resources Board Policies
Inserted
NR 400
Air Pollution Control Definitions
Inserted
NR 419
Control Of Organic Compound Emissions
Inserted
NR 421
Control Of Organic Compound Emissions From Chemical, Coatings And Rubber Products Manufacturing
Inserted
NR 422
Control Of Organic Compound Emissions From Surface Coating, Printing And Asphalt Surfacing Operations
Inserted
NR 423
Control Of Organic Compound Emissions From Solvent Cleaning Operations
Inserted
NR 425
Compliance Schedules, Delays, Exceptions And Internal Offsets For Organic Compound Emission Sources In Chs. NR 419 To 424
Inserted
NR 439
Reporting, Recordkeeping, Testing, Inspection And Determination Of Compliance Requirements
Inserted
NR 484
Incorporation By Reference
Inserted
PI 11
Children With Disabilities
Inserted
PI 36
Public School Inter-District Open Enrollment
Inserted
SPS 320
Administration And Enforcement
Inserted
SPS 321
Construction Standards

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
ATCP 16
Dog Sellers And Dog Facility Operators
Removed
ATCP 20
Seed Labeling And Sale
Removed
ATCP 21
Plant Inspection And Pest Control
Removed
ATCP 33
Fertilizer And Pesticide Bulk Storage
Removed
ATCP 76
Safety, Maintenance, and Operation of Public Pools and Water Attractions
Removed
CSB 2
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Removed
Chir 4
Practice
Removed
DHS 10
Family Care
Removed
DHS 75
Community Substance Abuse Service Standards
Removed
DHS 115
Screening Of Newborns For Congenital Disorders
Removed
DWD 80
Worker's Compensation
Removed
HA 4
Procedure And Practice for Worker's Compensation And Related Cases
Removed
Ins 52
Credit For Reinsurance
Removed
Ins 52 Appendix A
Form AR-1
Removed
Ins 52 Appendix B
Form CR-1
Removed
MTBT 2
Application
Removed
NR 1
Natural Resources Board Policies
Removed
NR 400
Air Pollution Control Definitions
Removed
NR 419
Control Of Organic Compound Emissions
Removed
NR 421
Control Of Organic Compound Emissions From Chemical, Coatings And Rubber Products Manufacturing
Removed
NR 422
Control Of Organic Compound Emissions From Surface Coating, Printing And Asphalt Surfacing Operations
Removed
NR 423
Control Of Organic Compound Emissions From Solvent Cleaning Operations
Removed
NR 425
Compliance Schedules, Delays, Exceptions And Internal Offsets For Organic Compound Emission Sources In Chs. NR 419 To 424
Removed
NR 439
Reporting, Recordkeeping, Testing, Inspection And Determination Of Compliance Requirements
Removed
NR 484
Incorporation By Reference
Removed
PI 11
Children With Disabilities
Removed
PI 36
Public School Inter-District Open Enrollment
Removed
SPS 320
Administration And Enforcement
Removed
SPS 321
Construction Standards

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.