Permanent Rules

 

The Wisconsin Department of Health Services 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.

 

DHS omnibus, 2019 EO 15, Inclusive Language 

SUBMIT A PUBLIC COMMENT

Statement of Scope: Statement of Scope 084-19, Governor's approval 07/29/19
Scope Expiration Date: 02/19/22
Promulgation Type: rule revision
Promulgation Status: rule drafting
Active Notices/Solicitations: none
Department Contact: Mark Thompson (Rules Attorney) 608-266-1279
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

DHS omnibus, Biennial Rule Review

SUBMIT A PUBLIC COMMENT

Statement of Scope: Statement of Scope 083-19, Governor's approval 07/29/19
Scope Expiration Date: 02/19/22
Promulgation Type: rule revision
Promulgation Status: rule drafting
Active Notices/Solicitations: The Department is soliciting comments from March 30, 2020 until April 13, 2020 on the economic impact of draft proposed rules, DHS 12, 13, 36, 65, 92, 97, 98, 114, 125, 134, 143, 157, 190, and 199, relating to the Department's biennial review of rules under s. 227.29, Stats.. This request is made by the Department 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 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. 
Department Contact: Mark Thompson (Rules Attorney) 608-266-1279
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

DHS DMS omnibus, Biennial Rule Review

SUBMIT A PUBLIC COMMENT


Statement of Scope: Statement of Scope 117-19, Governor's approval 12/05/19
Scope Expiration: 06/09/22
Promulgation Type: omnibus rule revision 
Promulgation Status: rule drafting
Active Notices/Solicitations: None 
Department Contact: Laura Brauer (Rules Coordinator) 608-266-5368
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

DHS 40, Mental Health Day Treatment Services for Children

Current Rule Text: ch. DHS 40
Statement of Scope: Statement of Scope 085-15, Governor's approval 08/17/15
Scope Expiration: 02/04/20
Promulgation Type: rule revision
Promulgation Status:  rule drafting

  • DHS 40 Advisory Committee Meeting 09/08/16
  • DHS 40 Advisory Committee Meeting 10/20/16
  • DHS 40 Advisory Committee Meeting 12/01/16
  • DHS 40 Advisory Committee Meeting 01/12/17
  • DHS 40 Advisory Committee Meeting 02/09/17
  • DHS 40 Advisory Committee Meeting 03/16/17
  • DHS 40 Advisory Committee Meeting 06/08/17
  • Comments on economic impact: 10/08/18-10/22/18
  • Clearinghouse submittal: 03/09/19
  • Public hearing held 05/17/19​
  • Governor's Office proposed rule order submittal: 11/27/19
  • Legislative submittal: 12/10/19

Active Notices/Solicitations: None
Department Contact: Sarah Coyle (Rules Coordinator) 608-266-2715
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

DHS 50, Youth Crisis Stabilization Facility

Current Rule Text: none
Statement of Scope: Statement of Scope 043-18, Governor's approval 03/29/18
Scope Expiration: 10/09/20
Promulgation Type: new rule (emergency & permanent)
Promulgation Status:  rule drafting

Emergency Rule: 

  • The Department solicited information and advice from individuals, businesses, associations representing businesses, and local governmental units who may be affected by the proposed rule 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, from 04/22/19 - 05/06/19.
  • ​Clearinghouse submittal: 06/06/19
  • Public hearing held 09/03/19 
  • Emergency rule effective 11/02/19, found here

Permanent Rule: 

  • The Department solicited information and advice from individuals, businesses, associations representing businesses, and local governmental units who may be affected by the proposed rule 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, from 04/22/19 - 05/06/19.
  • Clearinghouse submittal: 06/06/19
  • Public hearing held: 11/22/19
  • Governor's Office proposed rule order submittal: 3/3/20
  • Legislative submittal: 3/17/20 

Active Notices/Solicitations: None 
Department Contact: Sarah Coyle (Rules Coordinator) 608-266-2715
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

 

DHS 75, Community Substance Abuse Service Standards

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 75
Statement of Scope: Statement of Scope 088-18, Governor's approval 07/27/18
Scope Expiration Date: 02/06/21
Promulgation Type: rule revision
Promulgation Status: rule drafting

  • Listening sessions held: 5/21/19, 5/23/19, 6/17/19, 6/20/19, 6/27/19, 7/16/19 
  • Advisory Committee Meetings held 09/23/19, 10/28/19, 12/12/19

Active Notices/Solicitations: none
Department Contact: Sarah Coyle (Rules Coordinator) 608-266-2715
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

DHS 77, Service Fund for People who are Deaf, Deafblind, or Hard of Hearing 

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 77
Statement of Scope: Statement of Scope 113-19, Governor's approval 11/21/19
Scope Expiration Date: 05/25/22
Promulgation Type: rule revision
Promulgation Status: rule drafting
Active Notices/Solicitations: none
Department Contact: Chris Gjestson (Rules Coordinator) 608-266-0472
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

DHS 88, Licensed Adult Family Homes

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 88
Statement of ScopeStatement of Scope 092-19, Governor's approval 08/29/19
Scope Expiration: 03/03/22
Promulgation Type: rule revision
Promulgation Status: rule drafting 
Active Notices/Solicitations: none
Department Contact: Pat Benesh (Rules Coordinator) 608-264-9896
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

DHS 95, Control and Custody of Chapter 980, Wis. Stats., Patients.

Current Rule Text: ch. DHS 95
Statement of Scope: Statement of Scope 070-17, Governor's approval 08/03/17
Scope Expiration: 02/14/20
Promulgation Type: rule revision
Promulgation Status: rule drafting 

  • Comments on economic impact: 05/21/18 to 06/04/18
  • Clearinghouse submittal: 09/10/18
  • Public hearing: 03/22/19
  • Governor's Office proposed rule order submittal: 4/11/19
  • Legislative submittal: 10/22/19 
  • Legislative Reference Bureau Publication: 03/02/20

Active Notices/Solicitations: ​none
Department Contact: Sarah Coyle (Rules Coordinator) 608-266-2715
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

DHS 101, 105, and 107,  Complex Rehabilitation Technology and Certification 

SUBMIT A PUBLIC COMMENT

Current Rule Textch. DHS 101, ch. DHS 105, ch DHS 107 
Statement of Scope: Statement of Scope 037-19, Governor's approval 03/22/19
Scope Expiration: 10/01/21
Promulgation Type: omnibus rule revision 
Promulgation Status: rule drafting 

  • Preliminary public hearing held 04/22/19
  • Preliminary public commenting period open until 04/29/19
  • ​Advisory Committee Meeting held 10/08/19
  • The Department solicited information and advice from individuals, businesses, associations representing businesses, and local governmental units who may be affected by the proposed rule 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, from 12/23/2019 through 01/06/2020.
  • Clearinghouse submittal: 03/10/20

Active Notices/Solicitations: None
Department Contact: Laura Brauer (Rules Coordinator) 608-266-5368
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

DHS 105.14, Adult Day Care Centers 

SUBMIT A PUBLIC COMMENT

Current Rule Text: none
Statement of Scope: Statement of Scope 036-19, Governor's approval 03/22/19
Scope Expiration: 10/01/21
Promulgation Type: rule drafting 
Promulgation Status: public hearing and commenting period

  • Preliminary public hearing held 4/26/19
  • Preliminary public commenting period open until 4/26/19
  • Advisory Committee meeting held 6/27/19
  • Advisory Committee meeting held 7/25/19
  • ​Comments on economic impact: 12/16/19-12/30/19
  • ​Clearinghouse submission: 01/28/20
  • Public hearing initially scheduled for 3/24/20 has been CANCELED due to COVID-19 concerns
  • Public hearing rescheduled to 04/14/20 

Active Notices/Solicitations: NOTICE IS HEREBY GIVEN that the Department of Health Services will hold a public hearing to consider amendments to DHS 105.14, relating to adult day care centers on Tuesday, April 14, 2020 at 8:30am-9:30am. This public hearing will be held by conference call only due to COVID-19 concerns. You can join by phone by calling: 855-947-8255 with a participant passcode of: 7186234#. Public comments may be submitted to the Department until April 14, 2020 by clicking on the "Submit a Public Comment" link above, submitting a comment through the Wisconsin's State Legislature's website link below, or emailing or mailing written comments to Pat Benesh, Division of Quality Assurance, 1 W. Wilson Street, Madison, WI 53703. Analysis of the rule and the proposed rule text and the fiscal estimate and economic impact analysis for the rule may be accessed here. Further information about this public hearing can be found here as well. 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 Pat Benesh at (608) 264-9896 or via email. You must make your request at least 7 days before the activity.
Department Contact: Pat Benesh (Rules Coordinator) 608-264-9896
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

DHS 105.17, Provider Certification, Personal Care Providers

Current Rule Text: s. DHS 105.17
Statement of Scope: Statement of Scope 100-16, Governor's approval 10/07/16
Scope Expiration: 02/04/20
Promulgation Type: rule revision
Promulgation Status: rule drafting 

  • DHS 105.17 Advisory Committee Meeting Notice 10/05/17
  • DHS 105.17 Advisory Committee Meeting Notice 11/02/17
  • DHS 105.17 Advisory Committee Meeting Notice 12/05/17
  • Comments on economic impact: 11/12/18-11/26/18
  • Clearinghouse submittal: 6/20/19
  • Public hearing held: 08/09/19
  • ​Governor's Office proposed rule order submittal: 11/25/19
  • Legislature submission: 12/10/19

Active Notices/Solicitations: none
Department Contact: Pat Benesh (Rules Coordinator) 608-264-9896
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

DHS 107, Covered Services

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch DHS 107 
Statement of Scope: Statement of Scope 107-19, Governor's approval 10/18/19
Scope Expiration: 04/28/22
Promulgation Type: emergency and permanent rule revision 
Promulgation Status: n/a

  • Preliminary public hearing held 3/6/19
  • ​​Preliminary public commenting period open until 3/6/19

Active Notices/Solicitations: None
Department Contact: Laura Brauer (Rules Coordinator) 608-266-5368​
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

DHS 110, Emergency Medical Services Licensing, Certification, and Training Requirements 

SUBMIT A PUBLIC COMMENT

Current Rule Textch. DHS 110
Statement of ScopeStatement of Scope 029-19, Governor's approval 03/13/19
Scope Expiration: 09/18/2021
Promulgation Type: rule revision
Promulgation Status: rule drafting 

  • Preliminary public hearing held 4/1/19 
  • Preliminary public commenting period was from March 25, 2019 to April 8, 2019 ​
  • Advisory Committee Meeting held: 06/05/19
  • Advisory Committee Meeting held: 07/17/19
  • ​Advisory Committee Meeting held: 09/04/19
  • Comments on economic impact: 01/21/20-02/04/20

Active Notices/Solicitations: None
Department Contact: Chris Gjestson (Rules Coordinator) 608-266-0472
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

DHS 118, Trauma Care

Current Rule Text: ch. DHS 118
Statement of Scope: Statement of Scope 112-15, Governor's approval 09/16/15
Scope Expiration: 02/04/20
Promulgation Type: rule revision
Promulgation Status:  rule drafting

  • DHS 118 Advisory Committee Meeting 09/29/16
  • DHS 118 Advisory Committee Meeting 10/21/16
  • DHS 118 Advisory Committee Meeting 11/14/16
  • Comments on economic impact: 12/03/18-12/17/18
  • Clearinghouse submittal: 6/20/19
  • Public hearing held: 10/11/19
  • Governor's Office proposed rule order submittal: 01/07/20
  • Legislature submission: 01/29/20

Active Notices/Solicitations: none
Department Contact: Chris Gjestson (Rules Coordinator) 608-266-0472
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

DHS 124, Hospitals

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 124
Statement of Scope: Statement of Scope 022-15, Governor's approval 02/20/15
Scope Expiration: 02/04/20
Promulgation Type: rule revision
Promulgation Status: rule drafting

  • The Department solicited information and advice from individuals, businesses, associations representing businesses, and local governmental units who may be affected by the proposed rule 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, from 08/19/19 - 09/03/19.
  • ​Clearinghouse submittal: 10/30/19
  • Public hearing held 12/06/19
  • Governor's Office proposed rule order submittal: 01/17/20
  • Legislature submission: 01/29/20

Active Notices/Solicitations: None
Department Contact: Pat Benesh (Rules Coordinator) 608-264-9896
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

DHS 131, Hospices

SUBMIT A PUBLIC COMMENT

Current Rule Text: ch. DHS 131
Statement of Scope: Statement of Scope 109-16, Governor's approval 11/07/16
Scope Expiration: 02/04/20
Promulgation Type: rule revision
Promulgation Status: rule drafting

  • DHS 131 Advisory Committee Meeting 03/14/17
  • DHS 131 Advisory Committee Meeting 04/21/17
  • DHS 131 Advisory Committee Meeting 09/05/17
  • The Department solicited information and advice from individuals, businesses, associations representing businesses, and local governmental units who may be affected by the proposed rule 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, from 05/28/19-06/11/19. 
  • Clearinghouse submittal: 7/3/19
  • Public hearing held 09/26/19
  • Governor's Office proposed rule order submittal: 12/04/19
  • Legislature submission: 01/06/20

Active Notices/Solicitations: none
Department Contact: Pat Benesh (Rules Coordinator) 608-264-9896
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

DHS 144, Immunization of Students

Current Rule Text: ch. DHS 144
Statement of Scope: Statement of Scope 067-17, Governor's approval 07/26/17
Scope Expiration: 02/04/20
Promulgation Type: rule revision
Promulgation Status: rule drafting

  • DHS 144 & 146 Advisory Committee Meeting 01/26/18
  • DHS 144 & 146 Advisory Committee Meeting 02/14/18
  • DHS 144 & 146 Advisory Committee Meeting 03/14/18
  • Comments on economic impact: 09/24/18 to 10/09/18
  • Clearinghouse submittal: 06/10/19
  • Public hearing held 07/26/19
  • Governor's Office proposed rule order submittal: 10/31/19
  • Legislature submission: 12/17/19
  • Legislative Assembly public hearing held 03/03/20 

Active Notices/Solicitations: none
Department Contact: Chris Gjestson (Rules Coordinator) 608-266-0472​
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

DHS 146, Vaccine-Preventable Diseases

Current Rule Text: ch. DHS 146
Statement of Scope: Statement of Scope 071-17, Governor's approval 08/10/17
Scope Expiration: 02/14/20
Promulgation Type: rule revision
Promulgation Status: rule drafting

  • DHS 144 & 146 Advisory Committee Meeting 01/26/18
  • DHS 144 & 146 Advisory Committee Meeting 02/14/18
  • DHS 144 & 146 Advisory Committee Meeting 03/14/18
  • Comments on economic impact: 06/18/18 to 07/02/18
  • ​Clearinghouse submittal: 08/31/18
  • Public hearing held 06/11/19
  • Governor's Office proposed rule order submittal: 07/12/19
  • ​Legislative submittal: 08/30/19
  • Legislative Reference Bureau Publication: 02/17/20
  • Effective Date of Permanent Rule: 04/01/20

Active Notices/Solicitations: none
Department Contact: Chris Gjestson (Rules Coordinator) 608-266-0472
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.

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

SUBMIT A PUBLIC COMMENT

Current Rule: ch. DHS 163
Statement of Scope: Statement of Scope 070-18, Governor's approval 06/12/18
Scope Expiration: 12/18/20
Promulgation Type: rule revision
Promulgation Status: rule drafting 

  • The Department solicited information and advice from individuals, businesses, associations representing businesses, and local governmental units who may be affected by the proposed rule 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, from 05/20/19-06/03/19. 
  • Clearinghouse submittal: 08/07/19
  • Public hearing scheduled for 01/08/20

Active Notices/Solicitations: NOTICE IS HEREBY GIVEN that the Department of Health Services will hold a public hearing to consider amendments to DHS 163, relating to certification for the identification, removal and reduction of lead-based paint hazards on Wednesday, April 8, 2020 at 1:00pm until 3:30pm. This public hearing will be held by Skype and telephone only due to COVID-19 concerns. You can join by Skype here. Any issues joining, please try the Skype web app. You can also join by phone by calling: (608) 316-9000 (Madison, English, United States) with Conference ID: 5013588. Forgot your dial-in PIN? Help can be found here. Public comments may be submitted to the Department until April 8, 2020 by clicking on the "Submit a Public Comment" link above, submitting a comment through the Wisconsin's State Legislature's website link below, or emailing or mailing written comments to Chris Gjestson, Division of Public Health, 1 W. Wilson Street, Madison, WI 53703. Analysis of the rule and the proposed rule text and the fiscal estimate and economic impact analysis for the rule may be accessed here. PLEASE NOTE: The most recent version of the rule and the proposed rule text may be obtained here. Further information about this public hearing can be found here as well. 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 Chris Gjestson at (608) 266-0472 or via email. You must make your request at least 7 days before the activity.
Department Contact: Chris Gjestson (Rules Coordinator) 608-266-0472​
Note: Commenting, notification services, and rule documents may also be available through the State Legislature's administrative rule website.​

Last Revised: March 27, 2020