Public Notice: Affirmative Action Order

STATE OF WISCONSIN

Controlled Substances Board

IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE

CONTROLLED SUBSTANCES BOARD

AFFIRMATIVE ACTION ORDER OF THE

CONTROLLED SUBSTANCES BOARD

FINDINGS

1. On May 12, 2016 , the Department of Justice, Drug Enforcement Administration published its final rule in the Federal Register placing brivaracetam ((2S)-2-[(4R)-2-oxo-4-propylpyrrolidin-1-yl] butanamide ) including its salts , isomers or salts of isomers into schedule V of the federal Controlled Substances Act. The scheduling action is effective May 12, 2016 .

2. The Controlled Substances Board did not receive an objection to similarly treating brivaracetam as a schedule V under ch. 961 , Stats. within 30 days of the date of publication in the federal register of the final order designating brivaracetam as a controlled substance.

3. 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 rule making , designating brivaracetam as a schedule V controlled substance .

ORDER

Pursuant to s. 961.11(4) , Stats., t he Controlled Substances Board by affirmative action similarly treats brivaracetam under chapter 961, Stats. by creating the following :

CSB 2. 43 Addition of brivaracetam to schedule V . Section 961.22(6) , Stats., is created to read:

961.22(6) Brivaracetam . B rivaracetam ((2S)-2-[(4R)-2-oxo-4-propylpyrrolidin-1-yl ] butanamide ) , including its salts, isomers or salts of isomers.

This order shall take effect on September 26 , 201 6 to allow for publication in the Administrative Register. The order expires upon promulgation of a final rule.