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 Council review

Comments on economic impact: 7/7/25 - 7/21/25
Clearinghouse submittal: 8/6/25 - CR 25-055

Active Notices/Solicitations: none
Department Contact: Mark Thompson (Rules Attorney) Mark.Thompson@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: Mark Thompson (Rules Attorney) Mark.Thompson@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: Legislative Council review

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

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 and preparing for economic impact public comment period

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
Comments on economic impact: pending

SUBMIT A PUBLIC COMMENT

Current and New Rule Text: New rule ch. DHS 72, ch. DHS 105, ch DHS 107
Statement of Scope: Revised Statement of Scope SS 074-22, Governor's approval 8/25/22. This revised statement of scope modifies SS 138-20, which was published in Register No. 778B on October 26, 2020.
Scope Expiration: 2/28/25
Promulgation Type: Emergency and permanent rule revision
Promulgation Status: Preparing for submission to Legislative Reference Bureau for publication

Preliminary public hearing held 10/4/22
Preliminary public hearing held 11/14/22
Preliminary public commenting period open until 11/14/22
Advisory committee meetings: 5/10/23, 7/31/23, 8/31/23, 9/29/23, 10/25, 11/2, and 11/29
Comments on economic impact: 8/12/24 - 9/11/24
Clearinghouse submittal: 10/22/24 - CR 24-081
Public hearing scheduled for December 18, 2024 - 2 - 3 p.m.
Public comment period open until 12/18/24
Governor's Office proposed rule order submittal: 1/27/25
Legislative review: 2/19/25

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 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: Legislative Council 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

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: 60-day economic impact public comment period

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

Active Notices/Solicitations: PUBLIC NOTICE REQUEST FOR PUBLIC COMMENTS ON THE ECONOMIC IMPACT OF PROPOSED RULES

Chapter DHS 88

Introduction and purpose

This is a request for comments on the economic impact of draft proposed rules in ch. DHS 88, relating to licensed adult family homes.
This request is made by the Department of Health Services under s. 227.137, Stats., to solicit information and advice from individuals, businesses, associations representing businesses, and local governmental units who may be affected by the proposed rules for use in analyzing and determining the economic impact that the rules would have on businesses, individuals, public utility rate payers, local governmental units, and the state’s economy as a whole.

Statement of Scope and Text of proposed rule

Statement of Scope: Statement of Scope SS 066-24 is available on the Wisconsin State Legislature’s webpage:
Proposed rule daft: DHS 88 Proposed Rule Order

Commenting period

Comments on the economic impact of draft proposed rules will be accepted by the Department of Health Services, beginning on July 14, 2025, and ending on September 12, 2025.

Confidentiality

Comments on the draft proposed rules are voluntary. Your name and comment, or a summary thereof, may be made available to the public.

Contact information

Jessica Holland
Executive Policy Advisor
Division of Quality Assurance
Wisconsin Department of Health Services
1 West Wilson St., Room 450, Madison, WI 53703
Email: jessicam.holland@dhs.wisconsin.gov

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: Revised Statement of Scope SS 037-24, Governor's approval 3/14/24. This revised statement of scope modifies SS 012-23, which was published in Register No. 805B on January 30, 2023.
Scope Expiration: 9/25/26
Promulgation Type: Permanent rule revision
Promulgation Status: Legislative review

Preliminary public hearing held 5/9/24
Preliminary public hearing commenting period open until 5/9/24
Comments on economic impact: 11/18/24 through 12/17/24
Submission to Clearinghouse: 1/17/25 - CR 25-004
Public hearing held 2/27/25
Governor's Office proposed rule order submittal: 5/23/25
Legislative review: 6/25/25

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 105, ch DHS 107
Statement of Scope: Statement of Scope SS 097-24, Governor's approval 8/22/24
Scope Expiration: 3/9/27
Promulgation Type: Emergency rule
Promulgation Status: Active emergency rule EmR 2421

Preliminary public hearing held 9/13/24
Preliminary public hearing commenting period open until 9/13/24
Governor's Office emergency rule order submittal: 11/22/24
Governor's Office approval of emergency rule: 12/5/24
Emergency rule publication and start date: 1/6/25
Date filed with Legislative Reference Bureau: 12/18/24
Public hearing held 2/27/25
First emergency rule extension request: 5/2/25
Second emergency rule extension request: 6/26/25
Extended emergency rule expiration date:10/2/25

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: rule drafting and preparing for economic impact public comment period

Preliminary public hearing held 6/13/25
Preliminary public hearing commenting period open until 6/13/25
Comments on economic impact: pending

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: Preparing for 14-day economic impact public comment period

Advisory committee meetings: 2/12/25, 5/14/25
Comments on economic impact: pending

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 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: Preliminary public hearing

Preliminary public hearing scheduled August 15, 2025 at 10:00-11:00am
Preliminary public hearing commenting period open until 8/15/25

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

Chapter DHS 118
Statement of Scope Number SS 046-25
NOTICE IS HEREBY GIVEN that the Department of Health Services (“the Department”) will hold a public hearing on SS 046-25, which indicates the Department’s intent to engage in rulemaking to amend DHS 118, relating to trauma care. 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:
August 15, 2025 at 10:00-11:00am

Location:
Virtual Location through Zoom hyperlink provided below:
Meeting URL
Meeting ID: 161 577 3900
Passcode: 070210
One tap mobile: US: +16692545252,,1615773900# or +16468287666,,1615773900#

Statement of Scope: Statement of Scope 046-25 was published in the Wisconsin Administrative Register on July 28, 2025.

Public comments and deadline for submission:
Comments may be provided at the hearing, or submitted to the Department until August 15, 2025 by:

Accessing the Department’s Administrative Rules website and selecting "SUBMIT A PUBLIC COMMENT" above.
Submitting a comment through the Wisconsin State Legislature’s website: Scope Statement Comments
Mailing or emailing written comments to:
Margaret Wogahn
PO Box 2659
Madison, WI 53701
margaret.wogahn@dhs.wisconsin.gov

Accessibility
The Department of Health Services is an equal opportunity employer and service provider. If you need accommodations because of a disability or need an interpreter or translator, or if you need this material in another language or in an alternate format, you may request assistance to participate by contacting Margaret Wogahn at margaret.wogahn@dhs.wisconsin.gov or 608-266-8282. You must make your request at least seven days before the activity.

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: 30-day economic impact public comment period

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

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
Emergency rule expiration date: 12/28/25

Active Notices/Solicitations: PUBLIC NOTICE REQUEST FOR PUBLIC COMMENTS ON THE ECONOMIC IMPACT OF PROPOSED RULES

Chapter DHS 122

Introduction and purpose

This is a request for comments on the economic impact of draft proposed rule in ch. DHS 122, relating to redistribution of closed nursing home beds.

This request is made by the Department of Health Services under s. 227.137, Stats., to solicit information and advice from individuals, businesses, associations representing businesses, and local governmental units who may be affected by the proposed rules for use in analyzing and determining the economic impact that the rules would have on businesses, individuals, public utility rate payers, local governmental units, and the state’s economy as a whole.

Statement of Scope and Text of proposed rule

The Statement of Scope is available on the Wisconsin State Legislature’s webpage:
Statement of Scope SS 036-25

A draft of the proposed rule is available at the hyperlink provided below:
DHS 122 Proposed Rule Order

Submitting Comments

Comments on the economic impact of draft proposed rules should be submitted to the Department Contact, using the Public Comment Form found by selecting the "SUBMIT A PUBLIC COMMENT" link above.

Commenting period

Comments on the economic impact of draft proposed rules will be accepted by the Department of Health Services, beginning on August 11, 2025, and ending on September 10, 2025

Confidentiality

Comments on the draft proposed rules are voluntary. Your name and comment, or a summary thereof, may be made available to the public.

Contact information

Jackson Keuler
Administrative Rules Officer
Department of Health Services Office of Legal Counsel
1 West Wilson Street, Room 651
Madison, WI 53701
(608) 266-0387
jackson.keuler@dhs.wisconsin.gov

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: Advisory committee meetings and rule drafting

Advisory committee meetings: pending

SUBMIT A PUBLIC COMMENT

Current Rule Text: chs. DHS 163, 181, and 182
Statement of Scope: Revised Statement of Scope SS 051-24, Governor's approval 5/16/24. This statement of scope modifies SS 077-22 to include two additional rule chapters and seeks to promulgate an emergency rule in addition to a permanent rule.
Scope Expiration: 11/20/26
Promulgation Type: Permanent rule and emergency rule revision
Promulgation Status: See below

Permanent Rule: Publication with Legislative Reference Bureau

Preliminary public hearing held: 7/31/24
Preliminary public hearing commenting period open until: 8/7/24
Comments on economic impact: 9/30/24 through 10/14/24
Submission to Clearinghouse: 11/5/24 - CR 24-082
Public hearing held: 2/28/25
Governor's Office proposed rule order submittal: 3/10/25
Legislative review: 5/7/25
Legislative Reference Bureau submission: 7/16/25
Effective date: 8/1/25

Emergency Rule: Active EmR 2502

Preliminary public hearing held 7/31/24
Preliminary public hearing commenting period open until 8/7/24
Governor's Office emergency rule order submittal: 11/5/24
Governor's Office approval of emergency rule: 1/23/25
Emergency rule publication and start date: 1/31/25
Date filed with Legislative Reference Bureau: 1/29/25
Public hearing held: 2/28/25
First emergency rule extension request: 5/29/25
Emergency rule extended expiration date: 8/28/25

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 72, 105, and 107, Overdose Treatment Provider Certification and Covered Services

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, Prenatal Care Coordination

DHS 105 and 107, Child Care Coordination Services

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, 181, and 182, Definition of "Lead Poisoning or Exposure" when Reporting Blood Lead Test Results

Glossary