Plain language analysis:
This rule schedules cyclopropyl fentanyl as a Schedule I controlled substance.
Emr 1716 schedules cyclopropyl fentanyl as a Scheulde I controlled substance by creating s. 961.14 (2) (fe), Stats. Assembly Bill 335 renumbers s. 961.14 (2) (fe) to 961.14 (2) (nd) 10d., Stats. This permanent rule anticpates the renumbering and will not be adopted until passage of the legislation. Summary of, and comparison with, existing or proposed federal regulation:
Cyclopropyl fentanyl is not currently scheduled under the Controlled Substances Act.
Comparison with rules in adjacent states:
Illinois: A review of the Illinois Controlled Substances Act does not indicate the scheduling of cyclopropyl fentanyl.
Iowa: A review of the Iowa Controlled Substances Act does not indicate the scheduling of cyclopropyl fentanyl.
Michigan: A review of the Michigan Controlled Substances Act does not indicate the scheduling of cyclopropyl fentanyl.
Minnesota: A review of the Minnesota Controlled Substances Act does not indicate the scheduling of cyclopropyl fentanyl.
Summary of factual data and analytical methodologies:
Based upon the Milwaukee Medical Examiner’s request for emergency scheduling and the finding of an imminent hazard to the public safety, the Controlled Substances Board decided to schedule cyclopropyl 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:
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 Kirsten.Reader@wisconsin.gov, or by calling (608) 267-2435. 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 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 Policy, 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 to be held on November 10, 2017 to be included in the record of rule-making proceedings. ---------------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. CSB 2.57 is created to read:
961.14 (2) (nd) 10d. Cyclopropyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide).
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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