CR 15-008 Rule Text

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

On July 2, 2014, the United States Food and Drug Administration, Drug Enforcement Administration published its final rule in the Federal Register placing tramadol into schedule IV of the federal Controlled Substances Act. The scheduling action was effective August 18, 2014.

Plain language analysis:

The Controlled Substances Board did not receive an objection to treating tramadol as a schedule IV under ch. 961, Stats. based upon the federal scheduling. The Controlled Substances Board took affirmative action on August 14, 2014 to similarly treat tramadol under chapter 961 effective September 1, 2014 to allow for publication in the Administrative Register. The Affirmative Action Order will expire upon promulgation of a final rule.

This rule creates s. 961.20(4)(e), Stats. which adds tramadol to schedule IV.

Comparison with rules in adjacent states:

Illinois: Illinois scheduled tramadol as a schedule IV controlled substance.

Iowa: Iowa is in the process of promulgating an administrative rule to amend the Iowa statutes to schedule tramadol as a schedule IV controlled substance.

Michigan: Michigan has not scheduled tramadol.

Minnesota: Minnesota has not scheduled tramadol.

Summary of factual data and analytical methodologies:

The methodology was to schedule Tramadol 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:

None.

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 Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

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 53708-8935, or by email to [e-mail]. Comments must be received on or before February 16, 2015 to be included in the record of rule-making proceedings.

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TEXT OF RULE

Section 1. CSB 2.36 is created to read:

CSB 2.36 Addition of tramadol to schedule IV. Section 961.20(4)(e), Stats., is created to read:

961.20(4)(e) Tramadol, including any of its isomers and salts of isomers.

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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