Plain language analysis:
This rule excludes Fenfluramine as a schedule IV controlled substance.
The Controlled Substances Board will promulgate a final rule, without making the determinations or findings required by ss. 961.11(1), (1m), (1r) and (2) or s. 961.19 and omitting the notice of proposed rulemaking, excluding Fenfluramine as a schedule IV controlled substance. Pursuant to s. 961.11(4), Stats., the Controlled Substances Board by affirmative action similarly treats Fenfluramine under chapter 961, Stats. by creating the following: CSB 2.002 Excluding Fenfluramine from schedule IV. Section 961.20 (4) (am), Stats. is repealed.
The Affirmative Action order, dated April 7, 2023, took effect on April 17, 2023, upon 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 Fenfluramine listed as a schedule IV controlled substance [720 Illinois Compiled Statutes 570/210 (d) (1)].
Iowa: Iowa has Fenfluramine listed as a schedule IV controlled substance [Iowa Code 124.210 (4)].
Michigan: Michigan has Fenfluramine listed as a schedule IV controlled substance [Michigan Compiled Laws s. 333.7218 (b)]. Minnesota: Minnesota has Fenfluramine listed as a schedule IV controlled substance [Minnesota Statutes 152.02 (5) (d)].
Summary of factual data and analytical methodologies:
The methodology was to remove Fenfluramine from Schedule IV 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:
The rule excludes Fenfluramine as a Schedule IV controlled substance 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 May 10, 2024, to be included in the record of rulemaking proceedings. TEXT OF RULE
Section 1. CSB 2.002 is created to read:
CSB 2.002 Excluding Fenfluramine from schedule IV. Section 961.20 (4) (am), Stats. is repealed.
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)
