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 review

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

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 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
Public held 9/9/25
Governor's Office proposed rule order submittal: 10/23/25
Legislative review: 11/20/25

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
Extended expiration date: 1/11/26

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
Comments on economic impact: pending

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:

Permanent rule: Finalizing the rulemaking report to the legislature and preparing for submission to the Governor's Office for 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: pending

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
Expiration date: 1/7/26

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: Preparing for submission to the Governor's Office for 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: pending

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 scheduled for November 6, 2025 11:00am to 12:00pm
Expiration date: 1/7/26

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: Legislative Council review

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

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: 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: 11/10/25

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 Council review and public hearing

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

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
60-day emergency rule extension request submission: 11/21/25

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 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: Preliminary Public Hearing

Preliminary public hearing scheduled December 4, 2025 1:00pm - 2:00pm
Preliminary public hearing commenting period open until 12/4/25

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

Chapter DHS 163
Statement of Scope Number SS 079-25
NOTICE IS HEREBY GIVEN that the Department of Health Services (“the Department”) will hold a public hearing on SS 079-25, which indicates the Department’s intent to engage in rulemaking to amend DHS 163, relating to the certification for the identification, removal, and reduction of lead-based paint hazards. 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
December 4, 2025
1:00-2:00 p.m.

Location
Zoom Meeting Information
Meeting URL: https://dhswi.zoomgov.com/j/1611448003
Join by Telephone:
+1 669-254-5252 or +1 646-828-7666
Meeting ID: 161 144 8003

STATEMENT OF SCOPE

The statement of scope was published in the Wisconsin Administrative Register on December 1, 2025.
Statement of Scope SS 079-25

PUBLIC COMMENTS AND DEADLINE FOR SUBMISSION

Comments may be provided at the hearing, or submitted to the Department until December 4, 2025 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 079-25
Mailing written comments to:
Mimi Hasan
Lead and Asbestos Section
Wisconsin Department of Health Services
201 E. Washington Ave.
Madison, WI 53703
miriam.hasan@dhs.wisconsin.gov

AGENCY CONTACT PERSON

Mimi Hasan
Lead and Asbestos Section
Wisconsin Department of Health Services
201 E. Washington Ave.
Madison, WI 53703
miriam.hasan@dhs.wisconsin.gov
608-261-4949

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.

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 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