Plain language analysis:
The Controlled Substances Board did not receive an objection to treating hydrocodone combination products as a schedule II instead of schedule III under ch. 961, Stats. based upon the federal scheduling. The Controlled Substances Board took affirmative action on October 7, 2014 to similarly treat hydrocodone combination products under chapter 961 effective November 1, 2014 to allow for publication in the Administrative Register. The Affirmative Action Order will expire upon promulgation of a final rule. This rule repeals sections 961.18(5)(c) and (d) which reschedules hydrocodone combination products from a schedule III to a schedule II.
Summary of, and comparison with, existing or proposed federal regulation:
On August 22, 2014, the United States Department of Justice, Drug Enforcement Administration published its final rule in the Federal Register rescheduling hydrocodone combination products from a schedule III to a schedule II of the federal Controlled Substances Act. The scheduling action was effective October 6, 2014.
Comparison with rules in adjacent states:
Illinois: Illinois has not rescheduled hydrocodone combination products.
Iowa: Iowa is in the process of promulgating an administrative rule to amend the Iowa statutes to reschedule hydrocodone combination products from schedule III to schedule II.
Michigan: Michigan has not rescheduled hydrocodone combination products.
Minnesota: Minnesota has not rescheduled hydrocodone combination products.
Summary of factual data and analytical methodologies:
The methodology was to reschedule hydrocodone combination products 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 Eric.Esser@wisconsin.gov, or by calling (608) 267-2435. 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 608-261-2377; email at Sharon.Henes@wisconsin.gov. ---------------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. CSB 2.37 is created to read:
CSB 2.37 Rescheduling of hydrocodone combination products. Section 961.18(5)(c) and (d), Stats. are repealed.
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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