(3)(c) Each person affected by a rule is entitled to the same benefits and is subject to the same obligations as any other person under the same or similar circumstances.
227.11 (2) (a) Rule making authority is expressly conferred on an agency as follows: Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation…
Promulgating a rule for approval of pharmacies and physicians to dispense cannabidiol is necessary to provide notice to pharmacies and physicians as to how to obtain approval and to ensure each physician or pharmacy is entitled to the same benefits and obligations as any other physician or pharmacy under the same or similar circumstances. Rule making authority is expressly conferred to interpret the provision of the statutes being administered by the Controlled Substances Board which requires it to approve which pharmacies and physicians may dispense cannabidiol.
5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
75 hours
6. List with description of all entities that may be affected by the proposed rule:
Physicians, pharmacies, pharmacists, and patients
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
The federal government does not have any regulation specific to the designation of pharmacies or physicians for the dispensing of cannabidiol.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
None to minimal. There is not likely to be a significant economic impact on small businesses.
Contact Person: Sharon Henes, Administrative Rules Coordinator, (608) 261-2377
Authorized Signature
2 June 2017
Date Submitted
