Plain language analysis:
This rule excludes [18 F]FP-CIT from schedule II.
The Controlled Substances Board did not receive an objection to similarly excluding [18 F]FP-CIT from schedule II under ch. 961, Stats. within 30 days of the date of publication in the federal register of the final order removing [18 F]FP-CIT as a schedule II controlled substance. Pursuant to s. 961.11 (4), Stats., the Controlled Substances Board took affirmative action to similarly treat [18 F]FP-CIT under ch. 961, Stats. by creating the following: CSB 2.98 Excluding [18 F]FP-CIT from schedule II. Section 961.16 (2) (b), Stats., is amended to read: 961.16 (2) (b) Coca leaves and any salt, compound, derivative, or preparation of coca leaves. Decocainized coca leaves or extractions which do not contain cocaine or ecgonine are excluded from this paragraph. [123I]Ioflupane is and [18 F]FP-CIT are excluded from this paragraph. The following substances and any of their salts, esters, isomers, and salts of esters and isomers that are theoretically possible within the specific chemical designation, are included in this paragraph:
The Affirmative Action order, dated February 24, 2023, took effect on March 6, 2023 to allow for publication in the Administrative Register and expires upon promulgation of a final rule.
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 excluded [18 F]FP-CIT from their schedule II controlled substances list [720 Illinois Compiled Statutes 570/206].
Iowa: Iowa has not excluded [18 F]FP-CIT from their schedule II controlled substances list [Iowa Administrative Code s. 124.206]. Michigan: Michigan has not excluded [18 F]FP-CIT from their schedule II controlled substances list [Michigan Compiled Laws s. 333.7214]. Minnesota: Minnesota has not excluded [18 F]FP-CIT from their schedule II controlled substances list [Minnesota Statutes 152.02 (3)].
Summary of factual data and analytical methodologies:
This rule excludes [18 F]FP-CIT from schedule II 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 excludes [18 F]FP-CIT from schedule II which will not have any effect on small business.
Fiscal Estimate and Economic Impact Analysis:
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.
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 Jennifer.Garrett@wisconsin.gov, or by calling (608) 266-2112. 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. Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Nilajah Hardin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, Madison, WI 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received by March 8, 2024, to be included in the record of rulemaking proceedings. TEXT OF RULE
Section 1. CSB 2.98 is created to read:
CSB 2.98 Excluding [18 F]FP-CIT from schedule II. Section 961.16 (2) (b), Stats., is amended to read: 961.16 (2) (b) Coca leaves and any salt, compound, derivative, or preparation of coca leaves. Decocainized coca leaves or extractions which do not contain cocaine or ecgonine are excluded from this paragraph. [123I]Ioflupane is and [18 F]FP-CIT are excluded from this paragraph. The following substances and any of their salts, esters, isomers, and salts of esters and isomers that are theoretically possible within the specific chemical designation, are included in this paragraph:
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)
