Related statute or rule: s. 961.14, Stats. Plain language analysis:
This rule schedules furanyl fentanyl as a Schedule I controlled substance.
Summary of, and comparison with, existing or proposed federal regulation:
On September 27, 2016, the U.S. Deparment of Justice, Division of Drug Enforcement published a notice of intent to schedule furanyl fentanyl as a Schedule I.
Comparison with rules in adjacent states:
Illinois: A review of the Illinois Controlled Substances Act does not indicate the scheduling of furanyl fentanyl.
Iowa: A review of the Iowa Controlled Substances Act does not indicate the scheduling of furanyl fentanyl.
Michigan: A review of the Michigan Controlled Substances Act does not indicate the scheduling of furanyl fentanyl.
Minnesota: A review of the Minnesota Controlled Substances Act does not indicate the scheduling of furanyl fentanyl.
Summary of factual data and analytical methodologies:
Based upon the Waupaca County District Attorney’s request for emergency scheduling and the finding of an imminent hazard to the public safety, the Controlled Substances Board decided to schedule furanyl fentanyl. In making the finding of imminent hazard to the public safety, the Board considered the following factors: the history and current pattern of abuse; the scope, duration and significance of abuse; and the risk to the public health.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The rule schedules a synthetic opiate as a Schedule I substance controlled substance which will not have any effect on small business.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business:
The proposed rule does 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 Jeffrey.Weigand@wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-261-2377; email at DSPSAdminRules@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received at or before the public hearing on November 15, 2016 to be included in the record of rule-making proceedings. ---------------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. CSB 2.42 is created to read:
CSB 2.42 Scheduling of furanyl fentanyl. Section 961.14 (2) (ne) is created to read: 961.14 (2) (ne) Furanyl fentanyl (N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide).
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)
