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

Wisconsin Administrative Register No. 816B

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

Publication Date: December 26, 2023
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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
EmR2318
Expires: May 5, 2024
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 26
Fish refuge establishment
EmR2317
Expires: April 10, 2024
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP 52
Creating a commercial nitrogen optimization pilot program
EmR2316
Expires: April 10, 2024
Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 20-54; Agricultural Resource Management
ch. ATCP 52
Providing crop insurance rebates for cover crops
EmR2315
Expires: April 14, 2024
Department of Public Instruction (PI)
ch. PI 34
Student teaching equivalency
EmR2314
Expires: February 25, 2024
Department of Children and Families (DCF)
Chs. DCF 201-252; Early Care and Education
ch. DCF 201
Child care subsidy copayments and registration fees
EmR2313
Expires: February 11, 2024
Genetic Counselors Affiliated Credentialing Board (Gen Couns)
Gen Couns 1
Gen Couns 2
Gen Couns 3
Gen Couns 4
Gen Couns 5
Genetic counselors
EmR2312
Expires: January 17, 2024
Department of Health Services (DHS)
Chs. DHS 110-199; Health
ch. DHS 137
Anatomical gifts
EmR2311
Expires: January 11, 2024
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 10
Establishing the 2023-2024 migratory bird season framework and regulations
EmR2310
Expires: February 5, 2024
First Extension
Department of Transportation (Trans)
ch. Trans 309
Ambulance inspection standards
EmR2306
Expires: January 25, 2024
Second Extension
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
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
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
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
SS 117-23
Medical Examining Board (Med)
ch. Med 24
Telemedicine and Telehealth
SS 118-23
Department of Children and Families (DCF)
Chs. DCF 021-99; Safety and Permanence
ch. DCF 50
Adoption assistance supplemental payments

Notices of Public Hearing and Comment Period for Statements of Scope

Document
Agency
Chapter Groups
Chapters
Related to
SS 113-23 Notice of Preliminary Hearing
Department of Workforce Development (DWD)
Chs. DWD 80-81; Worker’s Compensation
ch. DWD 80
Minor and technical changes to the Worker's Compensation Program
SS 114-23 Notice of Preliminary Hearing
Department of Workforce Development (DWD)
Chs. DWD 80-81; Worker’s Compensation
ch. DWD 80
Worker's compensation minimum permanent partial disability ratings
SS 115-23 Notice of Preliminary Hearing
Department of Workforce Development (DWD)
Chs. DWD 80-81; Worker’s Compensation
ch. DWD 81
Worker's compensation treatment guidelines
SS 116-23 Notice of Preliminary Hearing
Department of Public Instruction (PI)
ch. PI 34
Clarifying renewal language for educational interpreters and orientation and mobility specialists

Notices of Submittal of Proposed Rules to Legislative Council Clearinghouse

Document
Agency
Chapter Groups
Chapters
Related to
CR 23-071
Department of Financial Institutions (DFI)
Chs. DFI-CU 51-75; Department of Financial Institutions-Credit Unions
ch. DFI-CU 51
ch. DFI-CU 54
ch. DFI-CU 56
ch. DFI-CU 59
ch. DFI-CU 62
ch. DFI-CU 63
ch. DFI-CU 68
ch. DFI-CU 69
ch. DFI-CU 71
ch. DFI-CU 72
ch. DFI-CU 74
Correcting out-of-date cross-references, repealing obsolete provisions, modifying the structure of existing rules to conform to current drafting practices, and revising the definition of “member business loan” to conform to federal law
CR 23-072
Pharmacy Examining Board (Phar)
ch. Phar 1
ch. Phar 5
ch. Phar 7
ch. Phar 10
ch. Phar 19
Registration of pharmacy technicians
CR 23-073
Department of Children and Families (DCF)
Chs. DCF 101-199; Family and Economic Security
ch. DCF 101
ch. DCF 120
Emergency assistance program integrity

Rule-Making Notices (Hearing Notices)

Document
Agency
Chapter Groups
Chapters
Related to
CR 23-042
Department of Transportation (Trans)
ch. Trans 102
Operator’s licenses and identification cards
CR 23-062
Department of Revenue (Tax)
ch. Tax 12
ch. Tax 19
Removing unnecessary rules
CR 23-072
Pharmacy Examining Board (Phar)
ch. Phar 1
ch. Phar 5
ch. Phar 7
ch. Phar 10
ch. Phar 19
Registration of pharmacy technicians
CR 23-073
Department of Children and Families (DCF)
Chs. DCF 101-199; Family and Economic Security
ch. DCF 101
ch. DCF 120
Emergency assistance program integrity

Notices of Submittal of Rules to Legislature in Final Draft Form

Document
Agency
Chapter Groups
Chapters
Related to
CR 21-104
Department of Corrections (DOC)
ch. DOC 328
Adult field supervision
CR 23-031
Pharmacy Examining Board (Phar)
ch. Phar 18
Licensure of third-party logistics providers
CR 23-032
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.

Final Permanent Rules Filed with LRB for Administrative Code Publication

Document
Agency
Chapter Groups
Chapters
Related to
CR 23-002
Department of Natural Resources (NR)
Chs. NR 500-599; Environmental Protection – Solid Waste Management
ch. NR 500
ch. NR 520
Disposal of material dredged from the Great Lakes
CR 23-016
Department of Children and Families (DCF)
Chs. DCF 201-252; Early Care and Education
ch. DCF 201
Child care subsidy copayments and provder fees

Petitions and Proposed Rules for Repeal of Unauthorized Rules

Document
Agency
Chapter Groups
Chapters
Related to
CR 23-070 Petition for Authorization to Repeal Rule
Public Service Commission (PSC)
ch. PSC 185
The approval of flow meters

Executive Orders

Document
Related to
EO 218
Recreation of the Criminal Justice Coordinating Council

Public Notices

Document
Agency
Related to
Public Notice: Corrected Request for Comments on the Economic Impact of a Proposed Rule Relating to the Screening of Newborns
Department of Health Services (DHS)
Screening of newborns
Public Notice: Notice of Final Economic Impact Analysis Submitted
Department of Natural Resources (NR)
Amendments to ch. NR 140 to set numerical standards to minimize the concentration of polluting substances for certain Per- and Polyfluoroalkyl Substances (PFAS) in groundwater
Public Notice: Rate Increases due to 2023-2025 Wisconsin Biennial Budget
Department of Health Services (DHS)
Change in Covered Services and Payment Methods
Public Notice: Wisconsin Medicaid Hospital Reimbursement Charges
Department of Health Services (DHS)
Change in covered services and payment methods

Final Rules Published in Administrative Code and Final Regulatory Flexibility Analyses

Document
Agency
Chapter Groups
Chapters
Related to
CR 22-088
Effective: January 1, 2024
Funeral Directors Examining Board (FD)
ch. FD 1
Apprenticeship and renewal
CR 23-011
Effective: January 1, 2024
Department of Children and Families (DCF)
Chs. DCF 101-199; Family and Economic Security
ch. DCF 150
Child support guidelines quadrennial review

Legislative Acts Modifying or Repealing Rules

Document
Agency
Chapter Groups
Chapters
Related to
2023 Wisconsin Act 46
Effective: January 1, 2024
Department of Transportation (Trans)
ch. Trans 220
Damages claims relating to delayed relocation of utilities in a highway right-of-way and modifying administrative rules promulgated by the Department of Transportation
2023 Wisconsin Act 51
Effective: January 1, 2024
Department of Natural Resources (NR)
Chs. NR 1-99; Fish, Game and Enforcement, Forestry and Recreation
ch. NR 12
Nuisance wildlife management at airports and modifying administrative rules of the Department of Natural Resources
2023 Wisconsin Act 71
Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
ch. DHS 109
100-day prescription drug supplies under SeniorCare and amending an administrative rule related to 100-day prescription drug supplies permitted under SeniorCare.
2023 Wisconsin Act 73
Effective: January 1, 2024
Department of Revenue (Tax)
ch. Tax 8
Department of Revenue enforcement; creating the Division of Alcohol Beverages attached to the Depart ment of Revenue; the regulation of alcohol beverages and enforcement of alcohol beverage laws; interest restrictions relating to, and authorized activities of, brewers, brewpubs, wineries, manufacturers, rectifiers, wholesalers, and retailers; shipping alcohol beverages by means of fulfillment houses and common carriers; the consumption of alco hol beverages in a public place; creating a no-sale event venue permit; creating an operator’s permit; liquor licenses transferred from one municipality to another; retailers’ authorized activities; liquor license quotas; the safe ride pro gram; the presence of underage persons and conduct of other business on licensed premises; the occupational tax on alcohol beverages; transporting certain homemade alcohol beverages into this state; repealing a rule promulgated by the Department of Revenue; granting rule-making authority; and providing a penalty

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
Inserted
ATCP 93
Flammable, Combustible, And Hazardous Liquids
Inserted
DCF 150
Child Support Standard
Inserted
DHS 109
Senior Care
Inserted
FD 1
Licenses And Permits
Inserted
Ins 26
Prelicensing Education
Inserted
NR 12
Wildlife Damage And Nuisance Control
Inserted
SPS 366
Existing Buildings
Inserted
Tax 8
Intoxicating Liquors
Inserted
Trans 220
Utility Facilities Relocation

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 93
Flammable, Combustible, And Hazardous Liquids
Removed
DCF 150
Child Support Standard
Removed
DHS 109
Senior Care
Removed
FD 1
Licenses And Permits
Removed
Ins 26
Prelicensing Education
Removed
NR 12
Wildlife Damage And Nuisance Control
Removed
SPS 366
Existing Buildings
Removed
Tax 8
Intoxicating Liquors
Removed
Trans 220
Utility Facilities Relocation

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.