CR 16-081 Rule Text

Related statute or rule: s. 961.14, Stats.

Summary of, and comparison with, existing or proposed federal regulation:

On May 12, 2016, the Department of Justice, Drug Enforcement Administration published its final rule in the Federal Register placing beta-hydroxythiofentanyl and butyryl fentanyl into Schedule I of the federal Controlled Substances Act.

Plain language analysis:

The Controlled Substances Board did not receive an objection to treating beta-hydroxythiofentanyl and butyryl fentanyl as a schedule I under ch. 961, Stats. based upon the federal scheduling. The Controlled Substances Board took affirmative action on July 13, 2016 to similarly treat beta-hydroxythiofentanyl and butyryl fentanyl under chapter 961 effective July 18, 2016 to allow for publication in the Administrative Register. The Affirmative Action Order will expire upon promulgation of a final rule.

This rule creates s. 961.14 (2) (eu) and (ey), Stats. which adds beta-hydroxythiofentanyl and butyryl fentanyl to schedule I.

Comparison with rules in adjacent states:

Illinois: Illinois has not scheduled beta-hydroxythiofentanyl and butyryl fentanyl.

Iowa: Iowa has not scheduled beta-hydroxythiofentanyl and butyryl fentanyl

Michigan: Michigan has not scheduled beta-hydroxythiofentanyl and butyryl fentanyl

Minnesota: Minnesota has not scheduled beta-hydroxythiofentanyl and butyryl fentanyl

Summary of factual data and analytical methodologies:

The methodology was to schedule beta-hydroxythiofentanyl and butyryl fentanyl 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:

This rule schedules two drugs and does not have an effect on small business.

Fiscal Estimate and Economic Impact Analysis:

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 [e-mail], or by calling [phone].

Agency contact person:

Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

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TEXT OF RULE

Section 1. CSB 2.41 is created to read:

CSB 2.41 Scheduling of beta-hydroxythiofentanyl and butyryl fentanyl. Sections 961.14 (2) (eu) and (ey) are created to read:

961.14 (2) (eu) Beta-hydroxythiofentanyl (N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]-N-phenylpropionamide).

(ey) Butyryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide).

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.

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(END OF TEXT OF RULE)

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