EmR1716 Rule Text

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:

There is no fiscal impact.

Effect on small business:

The proposed rule does 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 Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, 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 Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI 53708-8366, or by email to [e-mail]. Comments must be received on or before November 10, 2017 to be included in the record of rule-making proceedings.

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TEXT OF RULE

Section 1. CSB 2.57 is created to read:

CSB 2.57 Scheduling of cyclopropyl fentanyl. Section 961.14 (2) (fe) is created to read:

961.14 (2) (fe) Cyclopropyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide).

Section 2. EFFECTIVE DATE. This emergency rule shall take effect upon publication in the official state newspaper.

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(END OF TEXT OF RULE)

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Dated September 6, 2017     Agency               Douglas Englebert, Chair

            Controlled Substances Board