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

Wisconsin Administrative Register No. 810B

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

Publication Date: June 26, 2023
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
EmR2309
Expires: December 1, 2023, or until the date on which permanent rules take effect, whichever is sooner
Department of Safety and Professional Services (SPS)
Chs. SPS 1-299; Professional Services
Chs. SPS 1-29; Procedures, Miscellaneous
ch. SPS 11
Military medical personnel
EmR2308
Expires: December 1, 2023 or until the date on which permanent rules take effect, whichever is sooner
Medical Examining Board (Med)
ch. Med 26
Military medical personnel
EmR2307
Expires: September 29, 2023
Department of Corrections (DOC)
ch. DOC 309
Inmate personal property
EmR2306
Expires: September 27, 2023
Department of Health Services (DHS)
Chs. DHS 1-19; Management and Technology and Strategic Finance
Chs. DHS 101-109; Medical Assistance
ch. DHS 10
ch. DHS 101
ch. DHS 105
ch. DHS 106
ch. DHS 107
Electronic visit verification requirements for certain Medical Assistance services
EmR2305
Expires: September 17, 2023
Department of Transportation (Trans)
ch. Trans 138
Motor vehicle auction dealers, and affecting small businesses
EmR2304
Expires: March 1, 2024, or until permanent rules are promulgated, whichever is sooner
Dentistry Examining Board (DE)
ch. DE 1
ch. DE 5
ch. DE 13
ch. DE 16
Certification of expanded function dental auxiliaries
EmR2303
Expires: May 1, 2024, or until the date on which permanent rules take effect, whichever is sooner
Pharmacy Examining Board (Phar)
ch. Phar 1
ch. Phar 5
ch. Phar 7
ch. Phar 10
ch. Phar 19
Registration of pharmacy technicians
EmR2302
Expires: January 1, 2026, or the date on which permanent rules take effect, whichever is earlier
Department of Natural Resources (NR)
Chs. NR 500-599; Environmental Protection – Solid Waste Management
ch. NR 500
Disposal of material dredged from the Great Lakes
EmR2301
Expires: August 9, 2023
First Extension
Department of Natural Resources (NR)
Chs. NR 800- ; Environmental Protection – Water Supply
ch. NR 812
New cement formulations for the construction of water wells
EmR2215
Expires: August 27, 2023
Second Extension
Board of Nursing (N)
ch. N 2
Modification of Board review process to take the NCLEX
EmR2214
Expires: August 7, 2023
Second Extension
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 110
Emergency medical services licensing, certification, and training requirements
EmR2213
Expires: May 1, 2024, or until the date on which permanent rules take effect, whichever is sooner
Pharmacy Examining Board (Phar)
ch. Phar 1
ch. Phar 5
ch. Phar 6
ch. Phar 7
ch. Phar 8
Remote dispensing
EmR2212
Expires: July 11, 2023
Second Extension
Department of Workforce Development (DWD)
Chs. DWD 80-81; Worker’s Compensation
ch. DWD 80
Worker's compensation computation of the weekly wage for part-time employees
EmR2206
Expires: July 30, 2023
Second Extension
Physician Assistant Affiliated Credentialing Board (PA)
ch. PA 1
ch. PA 2
ch. PA 3
ch. PA 4
ch. PA 5
Physician 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
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
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
Electronic odometer disclosure requirements
Examining Board of Professional Geologists, Hydrologists and Soil Scientists (GHSS)
ch. GHSS 1
ch. GHSS 2
Professional Development for professional geologists

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
Pharmacy Examining Board (Phar)
ch. Phar 18
Licensure of third-party logistics providers
Department of Military Affairs [Emergency Management] (WEM)
ch. WEM 1
Establishment of a fee payment structure for owners or operators of facilities with hazardous chemicals present, as directed by s. 323.60 (7), Stats.
Nursing Home Administrator Examining Board (NHA)
ch. NHA 3
Board approval of education programs
Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board (MPSW)
ch. MPSW 1
Substance use disorder practice for advanced practice social workers and independent social workers

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
Department of Financial Institutions (DFI)
Chs. DFI-CCS 1-20; Department of Financial Institutions-Corporate and Consumer Services
ch. DFI-CCS 1
ch. DFI-CCS 2
ch. DFI-CCS 3
ch. DFI-CCS 4
ch. DFI-CCS 5
ch. DFI-CCS 6
ch. DFI-CCS 7
ch. DFI-CCS 10
Elimination of rules made obsolete or redundant by 2021 Wisconsin Act 258; various updates to Uniform Commercial Code rules
Department of Revenue (Tax)
ch. Tax 10
Unclaimed property
Pharmacy Examining Board (Phar)
ch. Phar 18
Licensure of third-party logistics providers
Department of Military Affairs [Emergency Management] (WEM)
ch. WEM 1
Establishment of a fee payment structure for owners or operators of facilities with hazardous chemicals present, as directed by s. 323.60 (7), Stats.
Nursing Home Administrator Examining Board (NHA)
ch. NHA 3
Board approval of education programs
Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board (MPSW)
ch. MPSW 1
Substance use disorder practice for advanced practice social workers and independent social workers

Notices of Submittal of Rules to Legislature in Final Draft Form

Document
Agency
Chapter Groups
Chapters
Related to
Department of Workforce Development (DWD)
ch. DWD 65
The order of selection for vocational rehabilitation services
Department of Natural Resources (NR)
Chs. NR 800- ; Environmental Protection – Water Supply
ch. NR 812
New cement formulations for the construction of water wells
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 25
Reorganization rule

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
Podiatry Affiliated Credentialing Board (Pod)
ch. Pod 1
ch. Pod 2
Licensure and unprofessional conduct

Public Notices

Document
Agency
Related to
Department of Health Services (DHS)
Reimbursement of DHS 75 certified facilities for point of care (presumptive) drug testing services rendered
Department of Health Services (DHS)
Creation of an ambulance service provider fee reimbursement program for any eligible private emergency medical transportation providers
Department of Health Services (DHS)
Changes in the methods of payment to nursing homes

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 20-053
Effective: July 1, 2023
Medical Examining Board (Med)
ch. Med 13
Continuing medical education for physicians
CR 21-041
Effective: July 1, 2023
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 21-074
Effective: July 1, 2023
Pharmacy Examining Board (Phar)
ch. Phar 5
ch. Phar 6
ch. Phar 7
ch. Phar 11
ch. Phar 12
Name and address change, floor design, procedures for disciplinary proceedings, superseded references, and technical correction
CR 21-080
Effective: July 1, 2023
Psychology Examining Board (Psy)
ch. Psy 1
ch. Psy 2
ch. Psy 4
Legislative update
CR 21-086
Effective: July 1, 2023
Dentistry Examining Board (DE)
ch. DE 11
Permits to administer anesthesia
CR 21-109
Effective: September 24, 2023
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 55-89; Food, Lodging, and Recreation Safety
ch. ATCP 78
Regulation of recreational and educational camps and affecting small business
CR 22-004
Effective: July 1, 2023
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 registration
CR 22-011
Effective: July 1, 2023
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling crotonyl fentanyl
CR 22-013
Effective: July 1, 2023
Department of Natural Resources (NR)
Chs. NR 300-399; Environmental Protection – Water Regulation
ch. NR 300
ch. NR 301
ch. NR 305
ch. NR 310
ch. NR 320
ch. NR 323
ch. NR 325
ch. NR 328
ch. NR 329
ch. NR 341
ch. NR 343
ch. NR 345
The administration, procedures and enforcement of the Wisconsin wetland and waterway regulatory program
CR 22-014
Effective: July 1, 2023
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling remimazolam
CR 22-015
Effective: July 1, 2023
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 157
ch. DHS 157 Appendix A
ch. DHS 157 Appendix B
ch. DHS 157 Appendix D
ch. DHS 157 Appendix F
ch. DHS 157 Appendix H
ch. DHS 157 Appendix L
ch. DHS 157 Appendix O
ch. DHS 157 Appendix T
Radiation protection requirements for radiation producing machines and radioactive materials
CR 22-016
Effective: July 1, 2023
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling brorphine
CR 22-017
Effective: July 1, 2023
Department of Revenue (Tax)
ch. Tax 11
Sales and use tax provisions
CR 22-021
Effective: September 24, 2023
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 55-89; Food, Lodging, and Recreation Safety
ch. ATCP 76
Safety, maintenance, and operation of public pools and water attractions
CR 22-022
Effective: July 1, 2023
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP 21
Plant inspection and pest control
CR 22-023
Effective: July 1, 2023
Cemetery Board (CB)
ch. CB 4
Care fund income
CR 22-025
Effective: July 1, 2023
Department of Military Affairs [Emergency Management] (WEM)
ch. WEM 7
Eligibility criteria for disaster funds authorized by s. 323.31
CR 22-032
Effective: July 1, 2023
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling serdexmethylphenidate
CR 22-033
Effective: July 1, 2023
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling ten (10) fentanyl related substances
CR 22-034
Effective: July 1, 2023
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling alfaxalone
CR 22-035
Effective: July 1, 2023
Controlled Substances Board (CSB)
ch. CSB 2
Excluding 6-beta-naltrexol
CR 22-036
Effective: July 1, 2023
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling fospropofol
CR 22-037
Effective: July 1, 2023
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling embutramide
CR 22-038
Effective: July 1, 2023
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling perampanel
CR 22-039
Effective: July 1, 2023
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling lacosamide
CR 22-040
Effective: July 1, 2023
Controlled Substances Board (CSB)
ch. CSB 2
Transferring 1-phenylcyclohexylamine and 1-piperidinocyclohexanecarbonitrile, immediate precursors to phencyclidine, also known as PCP
CR 22-044
Effective: July 1, 2023
Department of Revenue (Tax)
ch. Tax 1
ch. Tax 2
ch. Tax 4
ch. Tax 7
ch. Tax 8
ch. Tax 9
ch. Tax 11
ch. Tax 14
Income, franchise, excise, sales, and use tax provisions
CR 22-046
Effective: July 1, 2023
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 109
SeniorCare prescription drugs
CR 22-054
Effective: July 1, 2023
Controlled Substances Board (CSB)
ch. CSB 2
Scheduling 4,4’-Dimethylaminorex
CR 22-055
Effective: July 1, 2023
Dentistry Examining Board (DE)
ch. DE 11
Definitions
CR 22-056
Effective: July 1, 2023
Department of Workforce Development (DWD)
Ch. DWD 801; Employment and Training
ch. DWD 801
Wisconsin Fast Forward Workforce Training Grants
CR 22-065
Effective: July 1, 2023
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 140- ; Marketing
ch. ATCP 161
ch. ATCP 163
Grants
CR 22-070
Effective: July 1, 2023
Office of the Commissioner of Insurance (Ins)
ch. Ins 9
Financial and other reporting requirement modifications for health maintenance organizations
CR 22-071
Effective: July 1, 2023
Office of the Commissioner of Insurance (Ins)
ch. Ins 51
Capital requirements for insurers
CR 22-075
Effective: July 1, 2023
Office of the Commissioner of Insurance (Ins)
ch. Ins 50
The office's access to financial compilations produced by independent certified public accountants in the course of examining the financial statements of insurers
CR 23-012
Effective: July 1, 2023
Department of Natural Resources (NR)
Chs. NR 100-199; Environmental Protection – General
ch. NR 168
The brownfield site assessment grant program

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
Plant Inspection And Pest Control
Inserted
Safety, Maintenance, and Operation of Public Pools and Water Attractions
Inserted
Recreational And Educational Camps
Inserted
Something Special From Wisconsin
Inserted
Agricultural Development
Inserted
Individual Certification And Licensure
Inserted
Bidders List Registration Fee And Subscription Service
Inserted
Contract Compliance
Inserted
Disabled Veteran-Owned Business Certification Program
Inserted
Housing Assistance Program
Inserted
Care Funds And Preneed Trust Funds
Inserted
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Inserted
Anesthesia
Inserted
Senior Care
Inserted
Radiation Protection
Inserted
Appendix A Exempt Concentrations
Inserted
Appendix B Exempt Quantities
Inserted
Appendix D
Inserted
Appendix F Quantities Of Licensed Material Requiring Labeling (in Atomic Order)
Inserted
Appendix H
Inserted
Appendix L Topics To Be Covered In The Cross-Training Of Operators Of Pet/Ct Systems
Inserted
Appendix O Determination Of A1 And A2
Inserted
Appendix T Nationally Tracked Source Thresholds
Inserted
Wisconsin Fast Forward Workforce Training Grants
Inserted
Compensation Administration Provisions
Inserted
Procedure And Practice For Contested Cases
Inserted
Procedure And Practice For Fair Hearings
Inserted
Defined Network Plans
Inserted
Annual Audited Financial Reports, Annual Financial Statements And Examinations
Inserted
Capital Requirements For Insurers
Inserted
Continuing Medical Education For Physicians
Inserted
Military Medical Personnel
Inserted
Educational Programs Meeting Licensing And Continuing Educational Requirements
Inserted
Time Limits And Fees For Waterway And Wetland Permit Decisions
Inserted
Bridges And Culverts In Or Over Navigable Waterways
Inserted
Fish And Wildlife Habitat Structures In Navigable Waterways
Inserted
Maintenance, Repair And Removal Procedures For Boathouses And Fixed Houseboats On Navigable Waterways
Inserted
Shore Erosion Control Structures In Navigable Waterways
Inserted
Miscellaneous Structures In Navigable Waterways
Inserted
Grading On The Bank Of Navigable Waterways
Inserted
Ponds And Artificial Waterways
Inserted
Dredging In Navigable Waterways
Inserted
General Solid Waste Management Requirements
Inserted
Solid Waste Storage, Transportation, Transfer, Incineration, Air Curtain Destructors, Processing, Wood Burning, Composting And Municipal Solid Waste Combustors
Inserted
Solid Waste Management Fees And Financial Responsibility Requirements
Inserted
Electronic Waste Recycling Program Requirement
Inserted
License Renewal
Inserted
Pharmacy Licenses And Equipment
Inserted
Pharmacy Practice
Inserted
Manufacturer Requirements
Inserted
Authority And Definitions
Inserted
Requirements For Examination And Licensure Of Psychologists
Inserted
Requirements For Renewal and Continuing Education
Inserted
Military Medical Personnel Program
Inserted
Home Inspectors
Inserted
General Administration
Inserted
Income Taxation, Returns, Records And Gross Income
Inserted
Motor Vehicle And General Aviation Fuel Taxation
Inserted
Fermented Malt Beverages
Inserted
Intoxicating Liquors
Inserted
Cigarette Tax
Inserted
Sales And Use Tax
Inserted
Homestead Credit
Inserted
Disaster Fund Rule

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
Plant Inspection And Pest Control
Removed
Safety, Maintenance, and Operation of Public Pools and Water Attractions
Removed
Recreational And Educational Camps
Removed
Something Special From Wisconsin
Removed
Individual Certification And Licensure
Removed
Bidders List Registration Fee And Subscription Service
Removed
Contract Compliance
Removed
Disabled Veteran-Owned Business Certification Program
Removed
Transitional Housing Program
Removed
Care Funds And Preneed Trust Funds
Removed
Additions To Schedules In SS. 961.14, 961.16, 961.18, 961.20 And 961.22, Stats.
Removed
Anesthesia
Removed
Senior Care
Removed
Radiation Protection
Removed
Appendix A Exempt Concentrations
Removed
Appendix B Exempt Quantities
Removed
Appendix D
Removed
Appendix F Quantities Of Licensed Material Requiring Labeling (in Atomic Order)
Removed
Appendix H
Removed
Appendix L Topics To Be Covered In The Cross-Training Of Operators Of Pet/Ct Systems
Removed
Appendix O Determination Of A1 And A2
Removed
Appendix T Nationally Tracked Source Thresholds
Removed
Wisconsin Fast Forward Workforce Training Grants
Removed
Compensation Administration Provisions
Removed
Procedure And Practice For Contested Cases
Removed
Procedure And Practice For Fair Hearings
Removed
Defined Network Plans
Removed
Annual Audited Financial Reports, Annual Financial Statements And Examinations
Removed
Capital Requirements For Insurers
Removed
Continuing Medical Education For Physicians
Removed
Educational Programs Meeting Licensing And Continuing Educational Requirements
Removed
Brownfield Site Assessment Grant Program
Removed
Time Limits And Fees For Waterway And Wetland Permit Decisions
Removed
Relationship Of Water Regulation Enforcement And Permit Proceedings
Removed
Time Limits For Water Regulation Decisions
Removed
Procedures For Exemptions, General Permits, Individual Permits, Notices, Hearings, And Administrative Review
Removed
Bridges And Culverts In Or Over Navigable Waterways
Removed
Fish And Wildlife Habitat Structures In Navigable Waterways
Removed
Maintenance, Repair And Removal Procedures For Boathouses And Fixed Houseboats On Navigable Waterways
Removed
Shore Erosion Control Structures In Navigable Waterways
Removed
Miscellaneous Structures In Navigable Waterways
Removed
Grading On The Bank Of Navigable Waterways
Removed
Ponds And Artificial Waterways
Removed
Dredging In Navigable Waterways
Removed
General Solid Waste Management Requirements
Removed
Solid Waste Storage, Transportation, Transfer, Incineration, Air Curtain Destructors, Processing, Wood Burning, Composting And Municipal Solid Waste Combustors
Removed
Solid Waste Management Fees And Financial Responsibility Requirements
Removed
License Renewal
Removed
Pharmacy Licenses And Equipment
Removed
Pharmacy Practice
Removed
Procedure For Hearings
Removed
Manufacturer Requirements
Removed
Authority And Definitions
Removed
Requirements For Examination And Licensure Of Psychologists
Removed
Requirements For Renewal and Continuing Education
Removed
Home Inspectors
Removed
General Administration
Removed
Income Taxation, Returns, Records And Gross Income
Removed
Motor Vehicle And General Aviation Fuel Taxation
Removed
Fermented Malt Beverages
Removed
Intoxicating Liquors
Removed
Cigarette Tax
Removed
Sales And Use Tax
Removed
Removed
Disaster Fund Rule

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.