Administrative Rules

The Wisconsin Department of Health Services (DHS) has received approval from the Governor to create, amend, or repeal the following administrative rules. The objectives of the rulemaking are defined in each Statement of Scope.

SUBMIT A PUBLIC COMMENT

Statement of Scope: Statement of Scope SS 032-23, Governor's approval 5/18/23
Scope Expiration Date: 11/22/25
Promulgation Type: Omnibus rule revision
Promulgation Status: Legislative Reference Bureau Publication

Comments on economic impact: 7/7/25 - 7/21/25
Clearinghouse submittal: 8/6/25 - CR 25-055
Public hearing held 9/26/25
Governor's Office proposed rule order submittal: 10/17/25
Legislative review: 11/20/25
Submission to Legislative Reference Bureau: 1/21/26
Effective date: 3/1/26

Active Notices/Solicitations: none
Department Contact: Jonathan Cook (Rules Attorney) JonathanP.Cook@dhs.wisconsin.gov
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

SUBMIT A PUBLIC COMMENT

Statement of Scope: Statement of Scope SS 047-25, Governor's approval 7/17/25
Scope Expiration Date: 1/28/28
Promulgation Type: Omnibus rule revision
Promulgation Status: rule drafting
Active Notices/Solicitations: None
Department Contact: Jonathan Cook (Rules Attorney) JonathanP.Cook@dhs.wisconsin.gov
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

SUBMIT A PUBLIC COMMENT

Current and New Rule Text: New rule ch. DHS 31, ch. DHS 105, ch DHS 107
Statement of Scope: Statement of Scope SS 070-24, Governor's approval 6/27/24
Scope Expiration Date: 1/8/27
Promulgation Type: Emergency and permanent rule revision
Promulgation Status:

Permanent rule: Legislative Reference Bureau Publication

Preliminary public hearing held 7/16/24
Preliminary public commenting period open until 7/16/24
Advisory committee meetings: 8/5/24, 8/26/24, 9/16/24, 10/7/24, 10/28/24, 11/18/24, and 12/9/24
Comments on economic impact: 4/21/25 - 5/21/25
Clearinghouse submittal: 7/16/25 - CR 25-051
Public held 9/9/25
Governor's Office proposed rule order submittal: 10/23/25
Legislative review: 11/20/25
Submission to Legislative Reference Bureau: 1/21/26
Effective date: 3/1/26

Emergency rule: Active - EmR 2507

Governor's Office emergency rule order submittal: 5/22/25
Governor's Office approval of emergency rule: 6/5/25
Emergency rule publication and start date: 6/16/25
Date filed with Legislative Reference Bureau: 6/10/25
Public hearing held 9/9/25
60-day emergency rule extension request submission: 10/9/25
2nd 60-day emergency rule extension request submission: 12/11/25
Extended expiration date: 3/12/26

Active Notices/Solicitations: none
Department Contact: Sarah Coyle (Rules Coordinator) Sarah.Coyle@dhs.wisconsin.gov
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

SUBMIT A PUBLIC COMMENT

Current and New Rule Text: New rule ch. DHS 33
Statement of Scope: Statement of Scope SS 080-24, Governor's approval 7/18/24
Scope Expiration Date: 1/22/27
Promulgation Type: Emergency and permanent rule revision
Promulgation Status: Rule drafting and revision

Preliminary public hearing held 9/6/24
Preliminary public commenting period open until 9/6/24
Advisory committee meetings: 10/11/24, 10/22/24, 11/12/24, and 12/12/24

Active Notices/Solicitations: None
Department Contact: Sarah Coyle (Rules Coordinator) Sarah.Coyle@dhs.wisconsin.gov
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

SUBMIT A PUBLIC COMMENT

Current and New Rule Text: New rule ch. DHS 45, ch. DHS 105, ch DHS 107
Statement of Scope: Statement of Scope SS 006-26, Governor's approval 1/15/26
Scope Expiration Date:
Promulgation Type: Permanent rule revision
Promulgation Status: Preliminary public hearing and statement of scope publication

Preliminary public hearing scheduled for February 9, 2026 at 10:00am to 11:00am
Preliminary public commenting period open until 2/9/26

Active Notices/Solicitations: NOTICE OF PRELIMINARY PUBLIC HEARING AND COMMENT PERIOD

Chapters DHS 45, 105, and 107
Statement of Scope Number SS 006-26
NOTICE IS HEREBY GIVEN that the Department of Health Services (“the Department”) will hold a preliminary public hearing on SS 006-26, which indicates the Department’s intent to engage in rulemaking to create ch. DHS 45, and amend chs. DHS 105 and 107, relating to Psychiatric Residential Treatment Facilities. In accordance with s. 227.136, Stats., the Department will hold a public a preliminary public hearing and receive public comments regarding the proposed rulemaking at the time and place shown below.

HEARING INFORMATION

Date and Time
February 9, 2026
10:00-11:00am

Location
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Meeting ID: 282 001 500 394 8
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Phone conference ID: 340 246 56#

Statement of Scope
The statement of scope was published in the Wisconsin Administrative Register on February 2, 2026.
Statement of Scope SS 006-26

Public comments and deadline for submission
Comments may be provided at the hearing, or submitted to the Department until February 9, 2026 by:

Accessing the Department’s Administrative Rules website and selecting the "SUBMIT A PUBLIC COMMENT" link at the top of this rule project tab.
Submitting a comment through the Wisconsin State Legislature’s website: Submit Feedback on SS 006-26
Mailing written comments to:
Sukhvir Singh
Division of Care and Treatment Services
Wisconsin Department of Health Services
201 E. Washington Ave.
Madison, WI 53703
Sukhvir.singh@dhs.wisconsin.gov

Agency contact person: Sukhvir Singh
Division of Care and Treatment Services
Wisconsin Department of Health Services
201 E. Washington Ave.
Madison, WI 53703
Sukhvir.singh@dhs.wisconsin.gov

Department Contact: Sarah Coyle (Rules Coordinator) Sarah.Coyle@dhs.wisconsin.gov
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

SUBMIT A PUBLIC COMMENT

Current Rule Text: chs. DHS 75, 101, 105, and 107
Statement of Scope: Statement of Scope SS 047-24, Governor's approval 5/2/24
Scope Expiration Date: 11/13/26
Promulgation Type: Permanent and emergency rule revision
Promulgation Status:

Permanent rule: Governor's Office review

Advisory committee meetings: 11/22/24 and 12/17/24
Comments on economic impact: 5/12/25 - 5/26/25
Clearinghouse submittal: 7/28/25 - CR 25-054
Public hearing held 9/29/25
Governor's Office proposed rule order submittal: 12/10/25

Emergency rule: Active - EmR 2511

Governor's Office emergency rule order submittal: 7/18/25
Governor's Office approval of emergency rule: 7/28/25
Emergency rule publication and start date: 8/11/25
Date filed with Legislative Reference Bureau: 8/8/25
Public hearing held 9/29/25
60-day emergency rule extension request submission: 12/5/25
Extended expiration date: 3/8/26

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 88
Statement of Scope: Revised Statement of Scope SS 066-24, Governor's approval 5/30/24. This revised statement of scope modifies SS 108-21, which was published in Register No. 792A1 on December 6, 2021.
Scope Expiration: 12/3/26
Promulgation Type: Rule revision
Promulgation Status: economic impact analysis drafting and review

Advisory committee meetings: 2/12/25, 3/5/25
Comments on economic impact: 7/14/25 through 9/12/25

Active Notices/Solicitations: none
Department Contact: Jessica Holland (Rules Coordinator) JessicaM.Holland@dhs.wisconsin.gov
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 105, ch DHS 107
Statement of Scope: Statement of Scope SS 034-25, Governor's approval 5/28/25
Scope Expiration: 12/9/27
Promulgation Type: Permanent and emergency rule
Promulgation Status:

Permanent rule: Legislative review

Preliminary public hearing held 6/13/25
Preliminary public hearing commenting period open until 6/13/25
Comments on economic impact: 8/18/25 - 9/15/25
Clearinghouse submittal: 9/24/25 - CR 25-078
Public hearing held 11/6/25
Governor's Office proposed rule order submittal: 12/18/25
Legislative review: 1/29/26

Emergency Rule: Active - EmR 2512

Preliminary public hearing held 6/13/25
Preliminary public hearing commenting period open until 6/13/25
Governor's Office emergency rule order submittal: 7/18/25
Governor's Office approval of emergency rule: 7/28/25
Emergency rule publication and start date: 8/11/25
Date filed with Legislative Reference Bureau: 8/8/25
Public hearing held 11/6/25
60-day emergency rule extension request submission: 12/5/25
Extended expiration date: 3/8/26

Active Notices/Solicitations: none
Department Contact: Allie Merfeld (Rules Coordinator) DHSDMSAdminRules@dhs.wisconsin.gov
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 116
Statement of Scope: Statement of Scope SS 081-24, Governor's approval 7/18/24
Scope Expiration: 1/22/27
Promulgation Type: Permanent rule revision
Promulgation Status: Public Hearing

Advisory committee meetings: 2/12/25, 5/14/25
Comments on economic impact: 8/18/25 - 9/1/25
Submission to Clearinghouse: 11/7/25 - CR 25-086
Public hearing scheduled February 17, 2026 10:00am - 11:00am

Active Notices/Solicitations: NOTICE OF PUBLIC HEARING AND COMMENT PERIOD
Chapter DHS 116
Clearinghouse Rule Number CR 25-086
NOTICE IS HEREBY GIVEN that the Department of Health Services (“the Department”) will hold a public hearing on a permanent rule, Ch. DHS 116, relating to the Wisconsin birth defect and surveillance system.

HEARING INFORMATION

Date and Time
February 17, 2026
10:00-11:00am

Location
Zoom Meeting: Join the Zoom Meeting
One tap mobile:
US: +16692545252,,1609282741# or
+16468287666,,1609282741#
Meeting ID: 160 928 2741
Passcode: 935244

Analysis and text of the rule
Analysis of the rule and the proposed rule text: CR 25-086 PRO
PLEASE NOTE - This is the most recent version of the proposed rule text: DHS 116 Rule Order

Fiscal estimate-economic impact analysis
The fiscal estimate and economic impact analysis for the rule: CR 25-086 EIA

Public comments and deadline for submission
Comments may be provided at the hearing, or submitted to the Department until the end of business February 17, 2026, by:

Accessing the Department’s Administrative Rules website and selecting the "SUBMIT A PUBLIC COMMENT" link at the top of this rule project tab.
Submitting a comment through the Wisconsin State Legislature’s website: Submit Feedback on CR 25-086
Mailing written comments to:
Birth Defect Prevention and Surveillance Program
Attn: Kaitlin Tolliver, Division of Public Health
201 East Washington Ave.
Madison, WI 53703
Kaitlin.tolliver@dhs.wisconsin.gov

Initial regulatory flexibility analysis
The proposed rule will not have an effect on small businesses, as defined under s. 227.114 (1), Stats.

Small business regulatory review coordinator:
Jackson Keuler, Administrative Rules Officer
Department of Health Services
Office of Legal Counsel
201 E. Washington Ave.
Madison, WI 53703
Jackson.keuler@dhs.wisconsin.gov
608-266-0387

Agency Contact: Kaitlin Tolliver, Birth Defect Program Coordinator
Department of Health Services
Division of Public Health
201 E. Washington Ave.
Madison, WI 53703
Kaitlin.tolliver@dhs.wisconsin.gov
608-266-6967

Department Contact: Jessica Przybylski (Rules Coordinator) Jessica.Przybylski1@dhs.wisconsin.gov
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 118
Statement of Scope: Statement of Scope SS 046-25, Governor's approval 7/17/25
Scope Expiration: 1/28/28
Promulgation Type: Permanent rule revision
Promulgation Status: rule drafting and advisory committee meetings

Preliminary public hearing held 8/15/25
Preliminary public hearing commenting period open until 8/15/25
Advisory committee meetings: 11/20/25, 1/7/26, 1/29/26

Active Notices/Solicitations: none
Department Contact: Jessica Przybylski (Rules Coordinator) Jessica.Przybylski1@dhs.wisconsin.gov
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 122
Statement of Scope: Statement of Scope SS 036-25, Governor's approval 6/12/25
Scope Expiration: 12/16/27
Promulgation Type: Permanent and emergency rule
Promulgation Status:

Permanent rule: Legislative review

Preliminary public hearing held 6/19/25
Preliminary public hearing commenting period open until 6/19/25
Comments on economic impact: 8/11/25 through 9/10/25
Submission to Clearinghouse: 9/11/25 - CR 25-072
Public hearing held 10/27/25
Governor's Office proposed rule order submittal: 11/24/25
Legislative review: 1/7/26

Emergency Rule: Active EmR 2510

Preliminary public hearing held 6/19/25
Preliminary public hearing commenting period open until 6/19/25
Governor's Office emergency rule order submittal: 7/17/25
Governor's Office approval of emergency rule: 7/28/25
Emergency rule publication and start date: 8/1/25
Date filed with Legislative Reference Bureau: 8/1/25
60-day emergency rule extension request submission: 11/21/25
2nd 60-day emergency rule extension request submission: 1/26/26
Emergency rule expiration date: 2/26/26

Active Notices/Solicitations: none
Department Contact: Jessica Holland (Rules Coordinator) JessicaM.Holland@dhs.wisconsin.gov
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 157
Statement of Scope: Statement of Scope SS 069-24, Governor's approval 6/20/24
Scope Expiration: 12/24/26
Promulgation Type: Permanent rule revision
Promulgation Status: Rule drafting

Advisory committee meetings: 9/30/25, 10/14/25, 10/28/25

Active Notices/Solicitations: None
Department Contact: Jessica Przybylski (Rules Coordinator) Jessica.Przybylski1@dhs.wisconsin.gov
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 163
Statement of Scope: Statement of Scope SS 079-25, Governor's approval 11/20/25
Scope Expiration: 6/1/28
Promulgation Type: Permanent and emergency rule revision
Promulgation Status: Technical advisory committee meetings and rule drafting

Preliminary public hearing held 12/4/25
Preliminary public hearing commenting period open until 12/4/25
Advisory committee meetings: 1/28/26

DHS Omnibus, Biennial Rule Review (2023)

DHS Omnibus, Biennial Rule Review (2025)

DHS 31, 105, and 107, Crisis Urgent Care and Observation Facilities (CCF)

DHS 33, Crisis Hostels

DHS 45, 105, 107, Psychiatric Residential Treatment Facilities (PRTF)

DHS 75, 101, 104, 105, and 107, Community Substance Use Services Standards; Medical Assistance Certification and Reimbursement for Certain Substance Use Services

DHS 88, Licensed Adult Family Homes

DHS 105 and 107, School-Based Services and School-Based Service Providers

DHS 116, Wisconsin Birth Defect Prevention and Surveillance System

DHS 118, Trauma Care

DHS 122, Redistribution of Closed Long-Term Care Facility Beds

DHS 157, Radiation Protection Requirements for Radiation Producing Machines and Radioactive Materials

DHS 163, Certification for the Identification, Removal, and Reduction of Lead-Based Paint Hazards

Glossary