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 Wisconsin Administrative Code (Last Updated: January 10, 2017)
 Agency SPS. Department of Safety and Professional Services
 Chapter ERules. Emergency Rules

  EmR1605. Relating to: Prescribing hydrocodone combination products  

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  • Department of Safety and Professional Services (SPS)

    Administrative Code Chapter Groups Affected:

    Chs. SPS 1-299; Professional Services

    Chs. SPS 1-29; Procedures, Miscellaneous

    Administrative Code Chapter Affected:

    Ch. SPS 10 (Revised)

    Related to: Prescribing hydrocodone combination products

    Comments for this rule have closed

    Statement of Scope: SS 083-15

    Related Permanent Rule: CR 15-100

    Date Filed With LRB: January 13, 2016

    Date Published: January 16, 2016

    Effective Start Date: January 16, 2016

    Expiration Date: June 13, 2016

    Hearing Date: February 4, 2016

    Register Entries

    Date Register File
    1/19/2016721A3, Rule-Making Notices (Hearing Notices)CR 15-100, EmR1605 Hearing Information
    1/19/2016721A3, Emergency Rules Filed with Legislative Reference BureauEmR1605 Fiscal Estimate
    1/19/2016721A3, Emergency Rules Filed with Legislative Reference BureauEmR1605 Rule Text
    STATE OF WISCONSIN
    Department of Safety and Professional Services
    IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE
    DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
    ORDER OF THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
    ADOPTING EMERGENCY RULES
    ORDER
    An order of the Department of Safety and Professional Services to create SPS 10.01 (10) (am) ,
    relating to prescribing hydrocodone combination products .
    Analysis prepared by the Department of Safety and Professional Services .
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    FINDING OF EMERGENCY
    Per 2015 Act 34 , the D epartment is not required to provide evidence that promulgating this emergency rule is necessary for the preservation of the public peace, health, safety or welfare and is not required to provide a finding of emergency.
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    ANALYSIS
    Statutes interpreted: s s. 449.18 , 961.39
    Statutory authority: ss. 449.18 (6) (cm)
    Explanation of agency authority:
    The secretary of the department of safety and professional services shall, after consultation with the optometry examining board, the medical examining board and the pharmacy examining board, promulgate rules specifying those therapeutic pharmaceutical agents that may or may not be prescribed or administered. [s 449.18 (6) (cm), Stats.]
    Related statute or rule: SPS 10
    Plain language analysis:
    Hydrocodone combination products were rescheduled to Schedule II controlled substances by the feder al government effective October 6, 2014 and the Wisconsin Controlled Substances Board effective November 1, 2014. The scheduling change removed the ability for optometrists to prescribe hydrocodone combination products. 2015 Act 34 specifically added language to the statutes to allow optometrists to prescribe hydrocodone combination products pursuant to promulgation of rules.
    Summary of, and comparison with, existing or proposed federal regulation: None
    Comparison with rules in adjacent states:
    Illinois : Illinois allows the prescribing of hydrocodone combination products by optometrist.
    Iowa : Iowa allows the prescribing of hydrocodone combination products by optometrist.
    Michigan : Michigan allows the prescribing of hydrocodone combination products by optometrists.
    Minnesota: Minnesota allows the prescribing of hydrocodone combination products by optometrists.
    Summary of factual data and analytical methodologies:
    The Department consulted with the Medical Examining Board, Optometry Examining Board and Pharmacy Examining Board. The Department is promulgating rules in accordance with 2015 Act 34 provisions.
    Fiscal Estimate:
    This rule will have no fiscal impact
    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 Eric.Esser @wisconsin.gov , or by calling (608) 267-2435 .
    Agency contact person :
    Sharon Henes, Administrative Rules Coordinator , Department of Safety and Professional Services , Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8366 , Madison, Wisconsin 53708; telephone 608- 261-2377 ; email at Sharon.Henes @wisconsin.gov .
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    TEXT OF RULE
    Section 1. SPS 10.01 (10) (a m ) i s created to read:
    SPS 10.01 (10) (a m) Controlled substances in schedule II only as any of the following :
    1. Not more than 300 milligrams of hydrocodone per 100 milliliters or per 100 grams or not more than 15 milligrams per dosage unit, with a four-fold or greater quantity of an isoquinoline alkaloid of opium.
    2. Not more than 300 milligrams of hydrocodone per 100 milliliters or per 100 grams or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
    Section 2 . EFFECTIVE DATE. Pursuant to s. 227.24 (1) (c) , Stats., these rules shall take effect upon publication in the official state newspaper.
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    (END OF TEXT OF RULE)
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