Nicholas Nardacci, M.D.; Decision and Order, 50032-50033 [2015-20350]
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50032
Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Notices
Kamal Tiwari, 76 FR 71604, 71606
(2011) (citing cases).
Here, the evidence shows that
Registrant’s medical license has been
suspended by the Texas Medical Board.
I therefore hold that Registrant no longer
holds authority under the laws of Texas,
the State in which he is registered, to
dispense controlled substances and that
therefore, he is not entitled to maintain
his DEA registration. See 21 U.S.C.
802(21), 823(f), 824(a)(3). Accordingly, I
will order that his registration be
revoked.
Order
Pursuant to the authority vested in me
by 21 U.S.C. 823(f) and 824(a), as well
as 28 CFR 0.100(b), I order that DEA
Certificate of Registration FG1729699
issued to Ronald A. Green, M.D., be, and
it hereby is, revoked. I further order that
any application of Ronald A. Green,
M.D., to renew or modify his
registration, be, and it hereby is, denied.
This Order is effective immediately.3
Dated: August 10, 2015.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2015–20349 Filed 8–17–15; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–392]
Administration, Attention: Hearing
Clerk/LJ, 8701 Morrissette Drive,
Springfield, Virginia 22152. Comments
and request for hearing on applications
to import narcotic raw material are not
appropriate. 72 FR 3417 (January 25,
2007).
DEPARTMENT OF JUSTICE
The
Attorney General has delegated his
authority under the Controlled
Substances Act to the Administrator of
the Drug Enforcement Administration
(DEA), 28 CFR 0.100(b). Authority to
exercise all necessary functions with
respect to the promulgation and
implementation of 21 CFR part 1301,
incident to the registration of
manufacturers, distributors, dispensers,
importers, and exporters of controlled
substances (other than final orders in
connection with suspension, denial, or
revocation of registration) has been
redelegated to the Deputy Assistant
Administrator of the DEA Office of
Diversion Control (‘‘Deputy Assistant
Administrator’’) pursuant to section 7 of
28 CFR part 0, appendix to subpart R.
In accordance with 21 CFR
1301.34(a), this is notice that on May 8,
2015, Cody Laboratories, Inc., 601
Yellowstone Avenue, Steve Hartman,
Vice President of Compliance, Cody,
Wyoming 82414–9321 applied to be
registered as an importer of the
following basic classes of controlled
substances:
On July 15, 2014, the Deputy
Assistant Administrator, Office of
Diversion Control, Drug Enforcement
Administration (DEA), issued an Order
to Show Cause to Nicholas J. Nardacci,
M.D. (Respondent), of Albuquerque,
New Mexico. The Show Cause Order
proposed the revocation of
Respondent’s DEA Certificate of
Registration AN9444592, on the ground
that he lacks authority to handle
controlled substances in New Mexico,
the State in which he is registered with
DEA. Show Cause Order, at 1 (citing 21
U.S.C. 823(f) & 824(a)(3)).
The Show Cause Order specifically
alleged that on August 20, 2013, the
New Mexico Medical Board (the Board)
issued a Decision and Order suspending
Respondent’s medical license, based on
its finding that since 2010, Respondent
had prescribed medical marijuana for
numerous persons by certifying to the
New Mexico Department of Health that
he was each person’s medical provider,
without first establishing that he was
the primary caregiver for any of those
persons or otherwise first establishing a
physician-patient relationship as
required under NMSA §§ 26–2B–1 et
seq. Id. at 1. Based on the State’s
suspension of his medical license, the
Order alleged that Respondent was
without authority to handle controlled
substances in New Mexico, the State in
which he is registered with DEA, and
thus, he is not entitled to maintain his
registration. Id. (citing 21 U.S.C.
801(21), 823(f) and 824(a)(3)).1
On or about August 4, 2014, the Show
Cause Order was served on Respondent,
and on September 2, 2014, Respondent
filed a letter with the Office of
Administrative Law Judges. GX 4.
Therein, Respondent acknowledged that
he had been served with the Show
Cause Order and requested additional
time in which to respond to the Order
so that he could retain a lawyer;
however, he did not request a hearing.
Id. Respondent also asserted that on
August 12, 2014, the Board had issued
a Return to Work Order and therefore,
his state medical license was now
active. Id. The matter was then assigned
SUPPLEMENTARY INFORMATION:
Importer of Controlled Substances
Application: Cody Laboratories, Inc.
ACTION:
Controlled substance
Notice of application.
Registered bulk manufacturers of
the affected basic classes, and
applicants therefore, may file written
comments on or objections to the
issuance of the proposed registration in
accordance with 21 CFR 1301.34(a) on
or before September 17, 2015. Such
persons may also file a written request
for a hearing on the application
pursuant to 21 CFR 1301.43 on or before
September 17, 2015.
ADDRESSES: Written comments should
be sent to: Drug Enforcement
Administration, Attention: DEA Federal
Register Representative/ODXL, 8701
Morrissette Drive, Springfield, Virginia
22152. Request for hearings should be
sent to: Drug Enforcement
asabaliauskas on DSK5VPTVN1PROD with NOTICES
DATES:
3 Based on the findings of fact and conclusions of
law which led the TMB to concluded that
Registrant’s ‘‘continuation in the practice of
medicine would constitute a continuing threat to
public welfare,’’ GX 3, at 3; I conclude that the
public interest requires that this Order be effective
immediately. See 21 CFR 1316.67.
VerDate Sep<11>2014
17:02 Aug 17, 2015
Jkt 235001
Phenylacetone (8501) ..................
Poppy Straw Concentrate (9670)
Tapentadol (9780) ........................
Schedule
II
II
II
The company plans to import narcotic
raw materials for manufacturing and
further distribution to its customers.
The company is registered with the DEA
as a manufacturer of several controlled
substances that are manufactured from
poppy straw concentrate.
The company plans to import an
intermediate form of tapentadol (9780),
to bulk manufacturer tapentadol for
distribution to its customers.
Dated: August 10, 2015.
Joseph T. Rannazzisi,
Deputy Assistant Administrator.
[FR Doc. 2015–20278 Filed 8–17–15; 8:45 am]
Drug Enforcement Administration
[Docket No. 14–24]
Nicholas Nardacci, M.D.; Decision and
Order
BILLING CODE 4410–09–P
PO 00000
1 The Show Cause Order also notified Respondent
of his right to request a hearing on the allegations,
or to submit a written statement in lieu of a hearing,
the procedure for electing either option, and the
consequence for failing to elect either option. Show
Cause Order, at 2 (citing 21 CFR 1301.43).
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asabaliauskas on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Notices
to an Administrative Law Judge, who
ordered the Government to respond to
Respondent’s statement that ‘‘he
currently has an active license.’’ GX 5,
at 1.
In the meantime, on September 3,
2014, the New Mexico Medical Board
notified a DEA Diversion Investigator in
the Albuquerque District Office that the
Board’s August 12, 2014 Order did not
place any formal restrictions on
Respondent’s authority to prescribe
controlled substances, explaining that
his prescribing was not at issue in the
Board’s case. GX 3. Thereafter, on
September 9, 2014, the Government
filed a motion for Termination of
Proceedings, stating that the allegations
of the Show Cause Order were now
moot and that ‘‘these developments
apparently obviate the need for any
further proceedings.’’ GX 5, at 2.
Noting that Respondent had not
requested a hearing, the ALJ concluded
that ‘‘the only jurisdictional authority’’
she possessed was to determine whether
to grant Respondent’s request for ‘‘a
reasonable extension of the time
allowed for response to an Order to
Show Cause.’’ Order Denying
Respondent’s Motion For Extension of
Time, at 2 (quoting 21 CFR 1316.47).
The ALJ thus concluded that she did not
have jurisdiction to rule on the
Government’s motion. Id. The ALJ then
denied Respondent’s motion, ‘‘with the
understanding that the Government will
take the necessary steps to properly
dismiss the’’ Show Cause Order. Id.
On February 3, 2015, the Government
submitted a ‘‘Request [f]or Dismissal [o]f
Order [t]o Show Cause.’’ Therein, the
Government states that although
Respondent was without state authority
to handle controlled substances on July
15, 2014, when the Show Cause Order
was issued, the New Mexico Medical
Board has since lifted the suspension of
his medical license and Respondent
currently has no restrictions on his state
authority to handle controlled
substances.2 Id. at 2. Because the Show
Cause Order sought revocation of
Respondent’s registration solely on the
basis of his lack of state authority to
handle controlled substances, and that
ground for revocation no longer exists,
the Government requests that I dismiss
the Order. Id. at 2.
Based on my review of the Board’s
Order, as well as the Board’s September
3, 2014 letter to the Diversion
Investigator, I find that Respondent is
currently authorized to dispense
controlled substances in New Mexico,
2 The Government submitted a copy of the
Board’s Order with its Request for Dismissal. See
GX 2.
VerDate Sep<11>2014
17:02 Aug 17, 2015
Jkt 235001
the State in which he is registered with
this Agency. Because Respondent’s loss
of state authority was the sole basis for
the Show Cause Order and this ground
no longer exists, I conclude that this
case is now moot and will order that the
Show Cause Order be dismissed.
Order
Pursuant to the authority vested in me
by 21 U.S.C. 824(a), as well as 28 CFR
0.100(b), I order that the Order to Show
Cause issued to Nicholas J. Nardacci,
M.D., be, and it hereby is, dismissed.
This Order is effective immediately.
Dated: August 10, 2015.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2015–20350 Filed 8–17–15; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 15–19]
Jeffrey S. Holverson, M.D.; Decision
and Order
On March 27, 2015, the Deputy
Assistant Administrator, Office of
Diversion Control, Drug Enforcement
Administration, issued an Order to
Show Cause to Jeffrey S. Holverson,
M.D. (Respondent), of Salt Lake City,
Utah. The Show Cause Order proposed
the revocation of Respondent’s DEA
Certificate of Registration, pursuant to
which he is authorized to dispense
controlled substances as a practitioner,
solely on the ground that he does ‘‘not
have authority to handle controlled
substances in . . . Utah, the [S]tate in
which [he is] registered with the DEA.’’
Show Cause Order, at 1.
As the factual basis for the proposed
action, the Show Cause Order alleged
that on January 8, 2015, Respondent
‘‘entered into a ‘Non-Disciplinary
Limitation Stipulation and Order’ ’’ with
the Utah Division of Occupational and
Professional Licensing, pursuant to
which he agreed to the suspension of
his authority to dispense controlled
substances. Id. The Order further
alleged that ‘‘[t]his suspension remains
in effect’’ and that ‘‘[c]onsequently . . .
DEA must revoke [his] registration.’’ Id.
(citing 21 U.S.C. 802(21), 823(f), and
824(a)(3)).
Following service of the Show Cause
Order, Respondent requested a hearing
on the allegations. Order Granting the
Govt’s Mot. for Summ. Disp.
(hereinafter, ALJ Order), at 2. Thereafter,
the Government moved for summary
disposition on the ground that by virtue
PO 00000
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50033
of the Non-Disciplinary Limitation
Stipulation and Order, which
Respondent entered into on January 8,
2015, he ‘‘does not have authority to
. . . dispense controlled substances’’
under Utah law, and that
notwithstanding that the ‘‘suspension
may or may not continue’’ past the 180day period set forth in the State’s Order,
‘‘DEA final orders are clear and
unequivocal that [Respondent’s]
registration should be revoked.’’ Gov’t
Mot. for Summ. Disp., at 5. While in his
hearing request, Respondent had
objected to the proposed revocation of
his registration, he did not respond to
the Government’s motion. ALJ Order, at
2–3. The ALJ, finding it undisputed that
‘‘the limitation on [Respondent’s] ability
to prescribe controlled substances will
remain in effect until at least July 7,
2015,’’ and noting that ‘‘there is no
guarantee that his authority . . . will be
restored after 180 days,’’ granted the
Government’s motion and
recommended that Respondent’s
registration be revoked and that any
pending applications to renew or
modify his registration be denied. Id. at
4–6.
Neither party filed exceptions to the
ALJ’s Order. Thereafter, on June 9, 2015,
the ALJ forwarded the record to my
Office for Final Agency Action.
However, upon review of the record, it
was noted that the Non-Disciplinary
Limitation Stipulation was due to expire
on or about July 7, 2015. Accordingly,
on July 27, 2015, I directed the parties
to address whether the order remained
in effect and if the order no longer was
in effect, ‘‘to address whether
Respondent currently possesses
authority to dispense controlled
substances under the laws of the State
of Utah.’’ Order of the Administrator, at
1 (July 27, 2015).
On August 5, 2015, the Government
filed its Response to my Order. Therein,
the Government states that ‘‘[t]he time
of the Suspension Order has now
expired, and DEA has been informed by
[the Division of Professional Licensing]
that at this time the Suspension order
has not been extended.’’ Gov’t
Response, at 2. The Government thus
acknowledges that ‘‘at this time
Respondent is allowed to dispense
controlled substances under the laws of
the State of Utah.’’ Id. The Government
thus requests that the Show Cause Order
be dismissed. Id.
Because the Show Cause Order was
based solely on Respondent’s lack of
authority under state law to dispense
controlled substances and that factual
predicate no longer exists, I grant the
Government’s request and will dismiss
the Show Cause Order.
E:\FR\FM\18AUN1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Notices]
[Pages 50032-50033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20350]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 14-24]
Nicholas Nardacci, M.D.; Decision and Order
On July 15, 2014, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Nicholas J. Nardacci, M.D. (Respondent), of
Albuquerque, New Mexico. The Show Cause Order proposed the revocation
of Respondent's DEA Certificate of Registration AN9444592, on the
ground that he lacks authority to handle controlled substances in New
Mexico, the State in which he is registered with DEA. Show Cause Order,
at 1 (citing 21 U.S.C. 823(f) & 824(a)(3)).
The Show Cause Order specifically alleged that on August 20, 2013,
the New Mexico Medical Board (the Board) issued a Decision and Order
suspending Respondent's medical license, based on its finding that
since 2010, Respondent had prescribed medical marijuana for numerous
persons by certifying to the New Mexico Department of Health that he
was each person's medical provider, without first establishing that he
was the primary caregiver for any of those persons or otherwise first
establishing a physician-patient relationship as required under NMSA
Sec. Sec. 26-2B-1 et seq. Id. at 1. Based on the State's suspension of
his medical license, the Order alleged that Respondent was without
authority to handle controlled substances in New Mexico, the State in
which he is registered with DEA, and thus, he is not entitled to
maintain his registration. Id. (citing 21 U.S.C. 801(21), 823(f) and
824(a)(3)).\1\
---------------------------------------------------------------------------
\1\ The Show Cause Order also notified Respondent of his right
to request a hearing on the allegations, or to submit a written
statement in lieu of a hearing, the procedure for electing either
option, and the consequence for failing to elect either option. Show
Cause Order, at 2 (citing 21 CFR 1301.43).
---------------------------------------------------------------------------
On or about August 4, 2014, the Show Cause Order was served on
Respondent, and on September 2, 2014, Respondent filed a letter with
the Office of Administrative Law Judges. GX 4. Therein, Respondent
acknowledged that he had been served with the Show Cause Order and
requested additional time in which to respond to the Order so that he
could retain a lawyer; however, he did not request a hearing. Id.
Respondent also asserted that on August 12, 2014, the Board had issued
a Return to Work Order and therefore, his state medical license was now
active. Id. The matter was then assigned
[[Page 50033]]
to an Administrative Law Judge, who ordered the Government to respond
to Respondent's statement that ``he currently has an active license.''
GX 5, at 1.
In the meantime, on September 3, 2014, the New Mexico Medical Board
notified a DEA Diversion Investigator in the Albuquerque District
Office that the Board's August 12, 2014 Order did not place any formal
restrictions on Respondent's authority to prescribe controlled
substances, explaining that his prescribing was not at issue in the
Board's case. GX 3. Thereafter, on September 9, 2014, the Government
filed a motion for Termination of Proceedings, stating that the
allegations of the Show Cause Order were now moot and that ``these
developments apparently obviate the need for any further proceedings.''
GX 5, at 2.
Noting that Respondent had not requested a hearing, the ALJ
concluded that ``the only jurisdictional authority'' she possessed was
to determine whether to grant Respondent's request for ``a reasonable
extension of the time allowed for response to an Order to Show Cause.''
Order Denying Respondent's Motion For Extension of Time, at 2 (quoting
21 CFR 1316.47). The ALJ thus concluded that she did not have
jurisdiction to rule on the Government's motion. Id. The ALJ then
denied Respondent's motion, ``with the understanding that the
Government will take the necessary steps to properly dismiss the'' Show
Cause Order. Id.
On February 3, 2015, the Government submitted a ``Request [f]or
Dismissal [o]f Order [t]o Show Cause.'' Therein, the Government states
that although Respondent was without state authority to handle
controlled substances on July 15, 2014, when the Show Cause Order was
issued, the New Mexico Medical Board has since lifted the suspension of
his medical license and Respondent currently has no restrictions on his
state authority to handle controlled substances.\2\ Id. at 2. Because
the Show Cause Order sought revocation of Respondent's registration
solely on the basis of his lack of state authority to handle controlled
substances, and that ground for revocation no longer exists, the
Government requests that I dismiss the Order. Id. at 2.
---------------------------------------------------------------------------
\2\ The Government submitted a copy of the Board's Order with
its Request for Dismissal. See GX 2.
---------------------------------------------------------------------------
Based on my review of the Board's Order, as well as the Board's
September 3, 2014 letter to the Diversion Investigator, I find that
Respondent is currently authorized to dispense controlled substances in
New Mexico, the State in which he is registered with this Agency.
Because Respondent's loss of state authority was the sole basis for the
Show Cause Order and this ground no longer exists, I conclude that this
case is now moot and will order that the Show Cause Order be dismissed.
Order
Pursuant to the authority vested in me by 21 U.S.C. 824(a), as well
as 28 CFR 0.100(b), I order that the Order to Show Cause issued to
Nicholas J. Nardacci, M.D., be, and it hereby is, dismissed. This Order
is effective immediately.
Dated: August 10, 2015.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2015-20350 Filed 8-17-15; 8:45 am]
BILLING CODE 4410-09-P
