Related statute or rule: s. 961.14, Stats. Plain language analysis:
This rule schedules acryl fentanyl as a Schedule I controlled substance.
Summary of, and comparison with, existing or proposed federal regulation:
Acryl 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 acryl fentanyl.
Iowa: A review of the Iowa Controlled Substances Act does not indicate the scheduling of acryl fentanyl.
Michigan: A review of the Michigan Controlled Substances Act does not indicate the scheduling of acryl fentanyl.
Minnesota: A review of the Minnesota Controlled Substances Act does not indicate the scheduling of acryl 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 acryl 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 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 Kirsten.Reader@wisconsin.gov, or by calling (608) 267-2435. 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 608-261-2377; email at DSPSAdminRules@wisconsin.gov. ---------------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. CSB 2.53 is created to read:
CSB 2.53 Scheduling of acryl fentanyl. Section 961.14 (2) (ai) is created to read: 961.14 (2) (ai) Acryl fentanyl (N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]-2-propenamide);
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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Dated _November 10, 2017____ 
Chair Controlled Substances Board
