STATE OF WISCONSIN
Controlled Substances Board
IN THE MATTER OF RULE-MAKING
PROCEEDINGS BEFORE THE
CONTROLLED SUBSTANCES BOARD
PROPOSED ORDER OF THE
CONTROLLED SUBSTANCES BOARD
ADOPTING RULES
(CLEARINGHOUSE RULE )
PROPOSED ORDER
An order of the
Controlled Substances Board
to
create CSB
2.40 relating
to
exclusion of
[
123
I
]
ioflupane
.
Analysis prepared by the Department of
Safety and Professional Services
.
---------------------------------------------------------------------------------------------------------------------
ANALYSIS
Statutes interpreted:
s.
961.
16
, Stats.
Explanation of agency authority:
961.11
(4)
If a substance is designated, rescheduled or deleted as a controlled substance under federal law and notice thereof is given to the controlled substances board, the board by affirmative action shall similarly treat the substance under this chapter after the expiration of 30 days from the date of publication in the federal register of a final order designating the substance as a controlled substance or rescheduling or deleting the substance or from the date of
issuance of an order of temporary scheduling under
21 USC 811
(h), unless within that 30−day period, the board or an interested party objects to the treatment of the substance. If no objection is made, the board shall promulgate, without making the determinations or findings required by subs. (1), (1m), (1r) and (2) or s.
961.13
,
961.15
,
961.17
,
961.19
or
961.21
, a final rule, for which notice of proposed rulemaking is omitted, designating, rescheduling,
temporarily scheduling or deleting the substance. If an objection is made the board shall publish notice of receipt of the objection and the reasons for objection and afford all interested parties an opportunity to be heard. At the
conclusion of the hearing, the board shall make a determination with respect to the treatment of the substance as provided in subs. (1), (1m), (1r) and (2) and shall publish its decision, which shall be final unless altered by statute. Upon publication of an objection to the treatment by the board, action by the board under this chapter is stayed until the board promulgates a rule under sub. (2).
Related statute or rule:
s.
961.
16
, Stats.
Summary of, and comparison with, existing or proposed federal regulation:
On
September 11
, 2015, the United States Department of Justice, Drug Enforcement Administration
published its final rule in the Federal Register
removing
[
123
I
]
ioflupane
from schedule II
of the federal Controlled Substances Act. The scheduling action was effective
September 11
, 2015
.
Plain language analysis:
The Controlled Substances Board did not receive an objection to
excluding
[
123
I
]
ioflupane
as a schedule I
I
under
ch.
961
, Stats
.
based
upon the federal scheduling. The Controlled Substances Board took affirmative action on
October 13
, 2015
to similarly
exclude
[
123
I
]
ioflupane
under chapter 961 effective
October 19
, 2015
to allow for publication in the Administrative Register. The Affirmative Action
Order
will expire upon promulgation of a final rule.
This rule
amends 961.
16 (2) (b)
, Stats.
which
excludes
[
123
I]
ioflupane
from schedule II.
Comparison with rules in adjacent states:
Illinois
:
Illinois
does not exclude
[
123
I
]
ioflupane
from scheduling
.
Iowa
:
Iowa
exclude
s
[
123
I
]
ioflupane
from scheduling.
Michigan
:
Michigan
does not exclude
[
123
I
]
ioflupane
from scheduling.
Minnesota:
Minnesota
does not
exclude
[
123
I
]
ioflupane
from scheduling.
Summary of factual data and analytical methodologies:
The methodology was to
remove
[
123
I
]
ioflupane
from scheduling
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 a drug from scheduling 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
Jeffrey.Weigand
@wisconsin.gov
, or by calling (608)
267-2435
.
Agency contact person:
Sharon
Henes
, Administrative Rules Coordinator
, Department of
Safety and Professional Services
, Division of
Policy Development
, 1400 East Washington Avenue, Room 151, P.O. Box
8366
, Madison, Wisconsin 53708; telephone 608-
261-2377
; email at
DSPSAdminRules@wisconsin.gov
.
Place where comments are to be submitted and deadline for submission:
Comments may be submitted to
Sharon
Henes
, Administrative Rules Coordinator,
Department of
Safety and Professional Services
, Division of
Policy
Development
, 1400 East Washington Avenue, Room 151, P.O. Box 8
366
, Madison, WI 53708-
8366
, or by email to
DSPSAdminRules
@wisco
ns
in.gov
. Comments must be received
at
or before
the public hearing to be held on November 15, 2016
to be included in the record of rule-making proceedings.
TEXT OF RULE
Section
1. CSB 2.
40
is created to read:
CSB 2.
40
Exclusion of
[
123
I
]
ioflupane
. Section
961.16(2
)(
b)
, Stats., is amended to read:
(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. [
123
I
]
ioflupane
is 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
A
dministrative
R
egister, pursuant to s.
227.22 (2) (intro.)
, Stats.
(END OF TEXT OF RULE)
