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

Wisconsin Administrative Register No. 781B

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

Publication Date: January 25, 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
EmR2105
Expires: June 23, 2021
First Appearance
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
EmR2042
Expires: April 7, 2021
Department of Administration-Division of Personnel Management (ER)
ch. ER 18
Absences
EmR2041
Expires: March 24, 2021
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 107
Medicaid benefits management
EmR2040
Expires: See Section 6 of the emergency 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
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: March 22, 2021
Funeral Directors Examining Board (FD)
ch. FD 1
ch. FD 4
Education requirements for licensure and continuing education requirements
EmR2035
Expires: March 15, 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
EmR2034
Expires: March 31, 2021
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 120
Providing notification of the availability of unemployment insurance to employees at the time of separation from employment
EmR2033
Expires: March 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
EmR2032
Expires: April 5, 2021
First 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: March 23, 2021
First Extension
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 110
Emergency medical services licensure, certification, and staffing requirements
EmR2030
Expires: March 24, 2021
First Extension
Department of Veterans Affairs (VA)
ch. VA 2
Veterans assistance grants
EmR2029
Expires: March 7, 2021
First 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: March 11, 2021
First Extension
Board of Regents of the University of Wisconsin System (UWS)
ch. UWS 17
Nonacademic student misconduct
EmR2026
Expires: March 11, 2021
First 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: March 11, 2021
First Extension
Board of Regents of the University of Wisconsin System (UWS)
ch. UWS 7
Procedures for dismissal of faculty in special cases
EmR2024
Expires: March 11, 2021
First 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
EmR2020
Expires: April 3, 2021
Second 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
Examinations
EmR2019
Expires: April 2, 2021
Second Extension
Funeral Directors Examining Board (FD)
ch. FD 1
Certification courses for funeral director apprentices
EmR2018
Expires: March 25, 2021
Second Extension
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 102
Employer contribution rates for 2021
EmR2017
Expires: June 25, 2021
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling MMB-FUBICA and 4F-MDMB-BINACA
EmR2015
Expires: March 19, 2021
Second 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 314
ch. SPS 316
Inspections
EmR2014
Expires: March 8, 2021
Second Extension
Department of Workforce Development (DWD)
Ch. DWD 301; Migrant Labor
ch. DWD 301
COVID-19 protections for migrant workers
EmR2013
Expires: June 4, 2021
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling Isotonitazene and 1P-LSD
EmR2011
Expires: March 1, 2021
Second Extension
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
EmR2009
Expires: February 12, 2021
Second Extension
Department of Children and Families (DCF)
Chs. DCF 021-99; Safety and Permanence
Chs. DCF 101-199; Family and Economic Security
Chs. DCF 201-252; Early Care and Education
ch. DCF 52
ch. DCF 54
ch. DCF 56
ch. DCF 57
ch. DCF 59
ch. DCF 152
ch. DCF 202
DCF rule suspensions and modifications related to COVID-19
EmR2006
Expires: February 2, 2021
Second Extension
Department of Workforce Development (DWD)
Chs. DWD 100-150; Unemployment Insurance
ch. DWD 127
ch. DWD 128
Work search actions, availability for work, and work available for people filing claims with the unemployment insurance program during the COVID-19 pandemic
EmR2004
Expires: January 25, 2021
Second 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
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
Department of Transportation (Trans)
ch. Trans 154
Odometer disclosure requirements
Department of Transportation (Trans)
ch. Trans 327
Motor Carrier Safety Assistance Program (MCSAP) Review for the State of Wisconsin by the Federal Motor Carrier Safety Administration (FMCSA) July 14-15, 2009
Department of Health Services (DHS)
Chs. DHS 30-100; Community Services
ch. DHS 34
ch. DHS 35
ch. DHS 36
ch. DHS 40
ch. DHS 50
ch. DHS 61
ch. DHS 63
ch. DHS 75
Telehealth

Notices of Public Hearing and Comment Period for Statements of Scope

Document
Agency
Chapter Groups
Chapters
Related to
Department of Health Services (DHS)
Chs. DHS 30-100; Community Services
ch. DHS 34
ch. DHS 35
ch. DHS 36
ch. DHS 40
ch. DHS 50
ch. DHS 61
ch. DHS 63
ch. DHS 75
Telehealth

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
Department of Public Instruction (PI)
ch. PI 19
ch. PI 34
ch. PI 40
Biennial cleanup of DPI administrative rules
Department of Public Instruction (PI)
ch. PI 11
Changes to criteria relating to specific learning disabilities
Department of Veterans Affairs (VA)
ch. VA 2
Veterans assistance grants

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
Department of Public Instruction (PI)
ch. PI 11
Changes to criteria relating to specific learning disabilities
Department of Veterans Affairs (VA)
ch. VA 2
Veterans assistance grants

Emergency Rules Filed with Legislative Reference Bureau

Document
Agency
Chapter Groups
Chapters
Related to
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 20
Minocqua Chain walleye harvest regulations
Pharmacy Examining Board (Phar)
ch. Phar 2
Endorsement requirements for pharmacists

Executive Orders

Document
Related to
Declaring a state of emergency and public health emergency

Emergency Orders

Document
Agency
Chapter Groups
Chapters
Related to
Office of the Governor (GOV)
Stopping the spread of a new highly contagious variant of COVID-19 by requiring face coverings

Actions By The Joint Committee For Review of Administrative Rules

Document
Affected Emergency Rules
Affected Clearinghouse Rules
Affected Code Chapters
EmR2019
EmR2023
EmR2030
EmR2031
EmR2032
EmR2033

Public Notices

Document
Agency
Related to
Department of Public Instruction (PI)
Submission to the United States Department of Education application for waiver of state education agency requirements under the Elementary and Secondary Education Act (ESEA)
Pharmacy Examining Board (Phar)
Effective date modification
Department of Public Instruction (PI)
Mathematics standards review and revision vrtual public hearing
Department of Health Services (DHS)
Medicaid reimbursement for the administration of federally approved COVID-19 vaccines
Department of Health Services (DHS)
Medicaid coverage for SUD treatment in a residential setting for recipients with moderate to severe SUD

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 19-128
Effective: February 1, 2021
Real Estate Examining Board (REEB)
ch. REEB 25
Obsolete references to rental unit energy efficiency standard in curriculum

Table of Administrative Code Provisions Revised in this Register

Announcements of Chapter Renumbers and Code Reorganizations

Document
Agency
Chapter Groups
Chapters
Related to
Department of Children and Families (DCF)
Chs. DCF 1-20; General
Renaming of chapter group DCF 1-20

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
Agricultural Development And Market Promotion
Inserted
Mental Health Day Treatment Services For Children
Inserted
Introduction And Definitions
Inserted
Eligibility
Inserted
Fire And Allied Lines Insurance
Inserted
Chippewa Treaty Rights Participants
Inserted
Fishing: Inland Waters; Outlying Waters
Inserted
Appendix
Inserted
Well Construction And Pump Installation
Inserted
Driver Education Programs
Inserted
Special Needs Scholarship Program
Inserted
Education
Inserted
Motor Carrier Safety

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
Agricultural Development And Market Promotion
Removed
Mental Health Day Treatment Services For Children
Removed
Introduction And Definitions
Removed
Eligibility
Removed
Fire And Allied Lines Insurance
Removed
Chippewa Treaty Rights Participants
Removed
Fishing: Inland Waters; Outlying Waters
Removed
Appendix
Removed
Well Construction And Pump Installation
Removed
Driver Education Programs
Removed
Special Needs Scholarship Program
Removed
Education
Removed
Motor Carrier Safety

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.