CR 20-051 Rule Text

On August 16, 2019, the Department of Justice, Drug Enforcement Administration published its final rule in the Federal Register placing noroxymorphone into Schedule II of the federal Controlled Substances Act.

Plain language analysis:

The Controlled Substances Board did not receive an objection to treating noroxymorphone as a schedule II controlled substance under ch. 961, Stats., based upon the federal scheduling. The Controlled Substances Board took affirmative action on November 4, 2019 to similarly treat noroxymorphone under chapter 961 effective November 11 2019 to allow for publication in the Administrative Register. The Affirmative Action Order will expire upon promulgation of a final rule.

This rule creates s. 961.16 (2) (a) 10m., Stats. which adds noroxymorphone to schedule II.

Comparison with rules in adjacent states:

Illinois: Illinois has not scheduled noroxymorphone.

Iowa: Iowa has not scheduled noroxymorphone.

Michigan: Michigan has not scheduled noroxymorphone.

Minnesota: Minnesota has not scheduled noroxymorphone.

Summary of factual data and analytical methodologies:

The methodology was to schedule noroxymorphone 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:

This rule schedules a drug and does not have an 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 [e-mail], or by calling [phone].

Agency contact person:

Jon Derenne, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, 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 Jon Derenne, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53708-8366, or by email to [e-mail]. Comments must be received by November 13, 2020 to be included in the record of rule-making proceedings.

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TEXT OF RULE

Section 1. CSB 2.69 is created to read:

CSB 2.69 Addition of Noroxymorphone to schedule II. Section 961.16 (2) (a)10m., Stats., is created to read:

961.16 (2) (a) 10m. Noroxymorphone.

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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Dated         ______________________________________

Chair

              Controlled Substances Board