CR 20-078 Rule Text

This rule renumbers and amends 961.16 (8) (b) (intro.), Stats., and creates 961.16 (8) (b) 2. which adds norfentanyl to schedule II.

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

On April 17, 2020, the Department of Justice, Drug Enforcement Administration published its final rule in the Federal Register placing norfentanyl into Schedule II of the federal Controlled Substances Act effective May 18, 2020.

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 not scheduled norfentanyl.

Iowa: Iowa has not scheduled norfentanyl.

Michigan: Michigan has not scheduled norfentanyl.

Minnesota: Minnesota has not scheduled norfentanyl.

Summary of factual data and analytical methodologies:

The methodology was to schedule norfentanyl 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 report:

This rule schedules a drug and does not have an effect on small business. The rule draft was published on the department website for 14 days to solicit economic impact comments from small businesses. No comments were received.

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:

Kevyn Radcliffe, 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 [phone]; email at [e-mail].

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TEXT OF RULE

Section 1. CSB 2.76 is created to read:

CSB 2.76 Addition of norfentanyl to schedule II. (1) Section 961.16 (8) (b), Stats., is renumbered 961.16 (8) (b) (intro.) and amended to read:

961.16 (8) (b) An immediate precursor to fentanyl, including all of the following:

1. 4-anilino-N-phenethyl-4-piperidine, commonly known as ANPP.

(2) Section 961.16 (8) (b) 2., Stats. is created to read:

2. N-phenyl-N-(piperidin-4-yl)propionamide, commonly known as norfentanyl.

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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Dated ___7/9/2021_______     Agency __________________________________

              Chairperson

              Controlled Substances Board