Plain language analysis:
This rule schedules Lacosamide as a Schedule V controlled substance.
The Controlled Substances Board did not receive an objection to similarly listing Lacosamide as a schedule V under ch. 961, Stats. within 30 days of the date of publication in the federal register of the final order listing Lacosamide as a schedule V controlled substance. Pursuant to s. 961.11(4), Stats., the Controlled Substances Board by affirmative action similarly treats Lacosamide under chapter 961, Stats. by creating the following: CSB 2.88 Addition of Lacosamide to schedule V. Section 961.22 (10), Stats., is created to read:
961.22 (10) Lacosamide.
The Affirmative Action order, dated July 9, 2021, took effect on July 19, 2021, when it was published in the Administrative Register and expires upon promulgation of a final rule.
Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule: N/A
Comparison with rules in adjacent states:
Illinois: Illinois has listed Lacosamide as a schedule V as a controlled substance [720 Illinois Compiled Statutes 570/212 (c-1)].
Iowa: Iowa has listed Lacosamide as a schedule V as a controlled substance [Iowa Administrative Code 124.212 (5) (b)].
Michigan: Michigan has not scheduled Lacosamide as a controlled substance.
Minnesota: Minnesota has listed Lacosamide as a schedule V as a controlled substance [Minnesota Statutes 152.02 (6) (3) (iii)].
Summary of factual data and analytical methodologies:
The methodology was to schedule Lacosamide to conform with the federal Controlled Substances Act.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The proposed rules were posted for a period of 14 days to solicit public comment on economic impact, including how the proposed rules may affect businesses, local government units, and individuals. No comments were received.
Fiscal Estimate:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business:
These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at Daniel.Hereth@wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Nilajah Hardin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-267-7139; email at DSPSAdminRules@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Nilajah Hardin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, Madison, WI 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received by July 15, 2022 to be included in the record of rulemaking proceedings. ---------------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. CSB 2.88 is created to read:
CSB 2.88 Addition of Lacosamide to schedule V. Section 961.22 (10), Stats., is created to read:
961.22 (10) Lacosamide.
Section 2. EFFECTIVE DATE. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats. ---------------------------------------------------------------------------------------------------------------------
(END OF TEXT OF RULE)
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