STATE OF WISCONSIN
Department of Safety and Professional Services
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
ORDER OF THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
ADOPTING EMERGENCY RULES
ORDER
An order of the Department of Safety and Professional Services to create SPS 10.01 (10) (am),
relating to prescribing hydrocodone combination products.
Analysis prepared by the Department of Safety and Professional Services.
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FINDING OF EMERGENCY
Per 2015 Act 34, the Department is not required to provide evidence that promulgating this emergency rule is necessary for the preservation of the public peace, health, safety or welfare and is not required to provide a finding of emergency. ---------------------------------------------------------------------------------------------------------------------
ANALYSIS
Explanation of agency authority:
The secretary of the department of safety and professional services shall, after consultation with the optometry examining board, the medical examining board and the pharmacy examining board, promulgate rules specifying those therapeutic pharmaceutical agents that may or may not be prescribed or administered. [s 449.18 (6) (cm), Stats.]
Related statute or rule: SPS 10
Plain language analysis:
Hydrocodone combination products were rescheduled to Schedule II controlled substances by the federal government effective October 6, 2014 and the Wisconsin Controlled Substances Board effective November 1, 2014. The scheduling change removed the ability for optometrists to prescribe hydrocodone combination products. 2015 Act 34 specifically added language to the statutes to allow optometrists to prescribe hydrocodone combination products pursuant to promulgation of rules. Summary of, and comparison with, existing or proposed federal regulation: None
Comparison with rules in adjacent states:
Illinois: Illinois allows the prescribing of hydrocodone combination products by optometrist.
Iowa: Iowa allows the prescribing of hydrocodone combination products by optometrist.
Michigan: Michigan allows the prescribing of hydrocodone combination products by optometrists.
Minnesota: Minnesota allows the prescribing of hydrocodone combination products by optometrists.
Summary of factual data and analytical methodologies:
The Department consulted with the Medical Examining Board, Optometry Examining Board and Pharmacy Examining Board. The Department is promulgating rules in accordance with 2015 Act 34 provisions. Fiscal Estimate:
