This rule schedules Oliceridine as a Schedule II controlled substance.
The Controlled Substances Board did not receive an objection to similarly treat Oliceridine as a Schedule II controlled substance under ch. 961, Stats. within 30 days of the date of publication in the Federal Register of the final order designating Oliceridine as a controlled substance. Pursuant to s. 961.11 (4), Stats., the Controlled Substances Board took affirmative action to similarly treat Oliceridine under ch. 961, Stats. by creating the following: 961.16 (3) (ta) Oliceridine.
The Affirmative Action order, dated December 7, 2020, took effect on December 14, 2020 to allow for publication in the Administrative Register and expires upon promulgation of a final rule.
Summary of, and comparison with, existing or proposed federal regulation:
On October 30, 2020, the Department of Justice, Drug Enforcement Administration published its interim final rule in the Federal Register listing Oliceridine into schedule II of the federal Controlled Substances Act. The scheduling action was effective October 30, 2020.
Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule: N/A
Comparison with rules in adjacent states:
Illinois: Illinois has not scheduled Oliceridine as a controlled substance.
Iowa: Iowa has not scheduled Oliceridine as a controlled substance.
Michigan: Michigan has not scheduled Oliceridine as a controlled substance.
Minnesota: Minnesota has not scheduled Oliceridine as a controlled substance.
Summary of factual data and analytical methodologies:
The methodology was to schedule Oliceridine 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 report:
The proposed rule was posted for a period of 14 days to solicit public comment on economic impact, including how the proposed rules may affect businesses, local government units, and individuals. No comments were received.
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 Daniel.Hereth@wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Nilajah Hardin, 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 608-267-7139; email at DSPSAdminRules@wisconsin.gov. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. CSB 2.80 is created to read:
CSB 2.80 Scheduling of Oliceridine. Section 961.16 (3) (ta), Stats., is created to read: 961.16 (3) (ta) Oliceridine.
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 _________________ Agency __________________________________
Chairperson
Controlled Substances Board
