Luis C B Gomez, D.D.S. Decision and Order, 37611-37612 [2017-17011]

Download as PDF Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Notices Rules Governing Section 2255 Proceedings. Rules of Evidence: 807. The text of the proposed rules and form and the accompanying Committee Notes are posted on the Judiciary’s Web site at: http://www.uscourts.gov/rulespolicies/proposed-amendmentspublished-public-comment. All written comments and suggestions with respect to the proposed amendments may be submitted on or after the opening of the period for public comment on August 15, 2017, but no later than February 15, 2018. Written comments must be submitted electronically, following the instructions provided on the Web site. All comments submitted will be posted on the Web site and available to the public. Public hearings are scheduled on the proposed amendments as follows: • Appellate Rules in Washington, DC, on November 9, 2017, and in Phoenix, Arizona, on January 5, 2018; • Bankruptcy Rules in Washington, DC, on January 17, 2018, and in Pasadena, California, on January 30, 2018; • Criminal Rules in Chicago, Illinois, on October 24, 2017, and in Phoenix, Arizona, on January 5, 2018; and • Evidence Rules in Boston, Massachusetts, on October 27, 2017, and in Phoenix, Arizona, on January 5, 2018. Those wishing to testify must contact the Secretary by email at: Rules_ Support@ao.uscourts.gov, with a copy mailed to the address below, at least 30 days before the hearing. FOR FURTHER INFORMATION CONTACT: Rebecca A. Womeldorf, Secretary, Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, Thurgood Marshall Federal Judiciary Building, One Columbus Circle NE., Suite 7–240, Washington, DC 20544, Telephone (202) 502–1820. Dated: August 7, 2017. Rebecca A. Womeldorf, Secretary, Committee on Rules of Practice and Procedure, Judicial Conference of the United States. [FR Doc. 2017–16916 Filed 8–10–17; 8:45 am] asabaliauskas on DSKBBXCHB2PROD with NOTICES BILLING CODE 2210–55–P DEPARTMENT OF JUSTICE Drug Enforcement Administration Luis C B Gomez, D.D.S. Decision and Order On May 5, 2017, the Assistant Administrator, Diversion Control Division, Drug Enforcement VerDate Sep<11>2014 17:18 Aug 10, 2017 Jkt 241001 Administration (hereinafter, DEA or Government), issued an Order to Show Cause to Luis C B Gomez, D.D.S. (hereinafter, Registrant), the holder of Certificate of Registration No. AG1976971 in Chula Vista, California, pursuant to which he is authorized to prescribe controlled substances in Schedules II through IV.1 GX 1 (Certification of Registration Status dated May 17, 2017). The Show Cause Order proposed the revocation of Registrant’s Certificate of Registration and the denial of any pending application for renewal or modification of Registrant’s registration on the ground that Registrant does not have authority to dispense controlled substances in California, the State in which he is registered. GX 3, at 1 (citing 21 U.S.C. 824(a)(3)). As the jurisdictional basis for the proceeding, the Show Cause Order alleged that Registrant’s registration expires on September 30, 2017. Id. As the substantive grounds for the proceeding, the Show Cause Order alleged that Registrant currently lacks authority to ‘‘handle controlled substances in California,’’ voluntarily surrendered his California dental license ‘‘on approximately September 8, 2016,’’ and subsequently ‘‘signed a Stipulated Surrender of License and Order before the Dental Board of California’’ on November 7, 2016.2 Id. at 2. The Government asserted that Registrant’s ‘‘lack of authority to handle controlled substances in the State of California constitutes grounds to revoke . . . [his] registration.’’ Id. Citing 21 CFR 1301.43, the Show Cause Order notified Registrant of his right to request a hearing on the allegation or to submit a written statement while waiving his right to a hearing, the procedure for electing each option, and the consequence for failing to elect either option. Id. at 2. Citing 21 U.S.C. 824(c)(2)(C), it notified Registrant of the opportunity to submit a corrective action plan. Id. at 3. The lead DEA Diversion Investigator (hereinafter, DI) assigned to Registrant’s matter executed a Declaration in which she stated that, on May 5, 2017, she personally served Registrant with a copy of the Order to Show Cause at his 1 The Order to Show Cause stated that Registrant was authorized to prescribe controlled substances in Schedule V. 2 The Government submitted the Stipulated Surrender of License and Order before the Dental Board of California (hereinafter, DBC), the Accusation dated May 2, 2012, the Decision and Order of the DBC dated October 4, 2013, and the DBC Stipulated Settlement and Disciplinary Order dated July 31, 2013 with its Request for Final Agency Action (hereinafter, RFAA). GX 4 (Appendices). PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 37611 residence. GX 4, at 1. I find that the Government’s service of the Show Cause Order on Registrant was legally sufficient. The Government submitted a Request for Final Agency Action dated June 6, 2017 and an evidentiary record to support the Show Cause Order’s allegations. In the RFAA, the Government represented that, ‘‘Thirty days passed from the date of service and Respondent requested no hearing on the OTSC, nor has he filed a written statement in lieu of requesting a hearing.’’ RFAA, at 1. Based on the Government’s representations and my review of the record, I find that more than 30 days have now passed since the date on which Registrant was served with the Show Cause Order and neither Registrant, nor anyone purporting to represent him, has requested a hearing or submitted a written statement while waiving his right to a hearing. Accordingly, I find that Registrant has waived his right to a hearing and his right to submit a written statement. 21 CFR 1301.43(d). I therefore issue this Decision and Order based on the record submitted by the Government. 21 CFR 1301.43(e). Findings of Fact Registrant’s DEA Registration Registrant currently holds DEA practitioner registration AG1976971 authorizing him to dispense controlled substances in Schedules II through IV. GX 1, GX 2. This registration expires on September 30, 2017. Id. DEA practitioner registration AG1976971 is assigned to Registrant at ‘‘232 Third Avenue, Ste A, 232 3rd Ave., Chula Vista, CA 91910.’’ Id. The Status of Registrant’s State License On November 15, 2016, the Dental Board of California ordered that Dental License No. 24551 was surrendered and accepted by the DBC. GX 4, Appendix A (Stipulated Surrender of License and Order). Pursuant to that Order, Registrant has lost ‘‘all rights and privileges as a dentist in California.’’ Id. at 2. Discussion Pursuant to 21 U.S.C. 824(a)(3), the Attorney General is authorized to suspend or revoke a registration issued under section 823 of the Controlled Substances Act (hereinafter, CSA), ‘‘upon a finding that the registrant . . . has had his State license . . . suspended, revoked, or denied by competent State authority and is no longer authorized by State law to engage E:\FR\FM\11AUN1.SGM 11AUN1 asabaliauskas on DSKBBXCHB2PROD with NOTICES 37612 Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Notices in the . . . dispensing of controlled substances.’’ With respect to a practitioner, the DEA has also long held that the possession of authority to dispense controlled substances under the laws of the State in which a practitioner engages in professional practice is a fundamental condition for obtaining and maintaining a practitioner’s registration. See, e.g., James L. Hooper, 76 FR 71,371 (2011), pet. for rev. denied, 481 Fed. Appx. 826 (4th Cir. 2012); Frederick Marsh Blanton, 43 FR 27,616 (1978). This rule derives from the text of two provisions of the CSA. First, Congress defined the term ‘‘ ‘practitioner’ [to] mean[ ] a . . . physician, dentist, . . . or other person licensed, registered, or otherwise permitted, by . . . the jurisdiction in which he practices . . ., to distribute, dispense, [or] administer . . . a controlled substance in the course of professional practice . . . .’’ 21 U.S.C. 802(21). Second, in setting the requirements for obtaining a practitioner’s registration, Congress directed that ‘‘[t]he Attorney General shall register practitioners . . . if the applicant is authorized to dispense . . . controlled substances under the laws of the State in which he practices.’’ 21 U.S.C. 823(f). Because Congress has clearly mandated that a practitioner possess state authority in order to be deemed a practitioner under the CSA, the DEA has held repeatedly that revocation of a practitioner’s registration is the appropriate sanction whenever he is no longer authorized to dispense controlled substances under the laws of the State in which he practices. See, e.g., Hooper, 76 FR at 71,371–72; Sheran Arden Yeates, 71 FR 39,130, 39,131 (2006); Dominick A. Ricci, 58 FR 51,104, 51,105 (1993); Bobby Watts, 53 FR 11,919, 11,920 (1988); Blanton, 43 FR at 27,616. Under California law, section 1626 of the Business and Professions Code provides that ‘‘[i]t is unlawful for any person to engage in the practice of dentistry in the state . . . unless the person has a valid, unexpired license or special permit from the Board.’’ Cal. Bus. & Prof. Code § 1626 (2017).3 Further, section 11210 of the California Health and Safety Code sets out who may lawfully prescribe controlled substances in California other than for the treatment of addicts. California licensed dentists are among those lawful 3 Dentistry and the practice of dentistry are addressed in Cal. Bus & Prof. Code § 1625 which states, among other things, that dentistry is the diagnosis or treatment of diseases and may include the use of ‘‘drugs.’’ VerDate Sep<11>2014 17:18 Aug 10, 2017 Jkt 241001 prescribers.4 See Cal. Bus. & Prof. Code § 11024 (2017). In this case, pursuant to the DBC Stipulated Surrender of License and Order, Registrant has lost all rights and privileges as a dentist in California. Supra. Consequently, under California law, Registrant is not currently authorized to handle controlled substances in that State. Supra. I, therefore, conclude that the record supports the revocation of Registrant’s registration because he does not possess authority to dispense controlled substances under the laws of California, the State in which he is registered. 21 U.S.C. 824(a)(3). Thus, I find that Registrant is not entitled to maintain his DEA registration. Blanton, supra. Accordingly, I will order that his registration be revoked and that any pending application for the renewal or modification of his registration be denied. Id. 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 DEA Certificate of Registration AG1976971 issued to Luis C B Gomez, D.D.S., be, and it hereby is, revoked. I further order that any pending application of Luis C B Gomez, D.D.S., to renew or modify this registration, as well as any other pending application by him for registration in the State of California, be, and it hereby is, denied. This order is effective September 11, 2017. Dated: August 2, 2017. Chuck Rosenberg, Acting Administrator. [FR Doc. 2017–17011 Filed 8–10–17; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE Federal Bureau of Investigation [OMB Number 1110–NEW] Agency Information Collection Activities; Proposed eCollection eComments Requested; Existing Collection in Use Without OMB Control Number Address Verification/Change Request Form (1–797) Criminal Justice Information Services Division, Department of Justice. ACTION: 30-Day notice. AGENCY: Department of Justice (DOJ), Federal Bureau of Investigation, Criminal Justice Information Services Division will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. This proposed information collection was previously published in the Federal Register on March 16, 2017 allowing for a 60 day comment period. DATES: Comments are encourages and will be accepted for an additional 30 day until September 11, 2017. FOR FURTHER INFORMATION CONTACT: Written comments and/or suggestions regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to Gerry Lynn Brovey, Supervisory Information Liaison Specialist, Federal Bureau of Investigation, Criminal Justice Information Services Division, 1000 Custer Hollow Road; Clarksburg, WV 26306; phone: 304–625–4320 or email glbrovey@ic.fbi.gov. Written comments and/or suggestions can also be sent to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503 or sent to OIRA_submissions@ omb.eop.gov. SUMMARY: Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agencies estimate of the burden of the SUPPLEMENTARY INFORMATION: 4 A physician, surgeon, dentist, veterinarian, naturopathic doctor . . ., podiatrist, or pharmacist . . ., or registered nurse . . ., or physician assistant . . ., or an optometrist . . . may prescribe for, furnish to, or administer controlled substances to his or her patient when the patient is suffering from a disease, ailment, injury, or infirmities attendant upon old age, other than addiction to a controlled substance. Cal. Health & Safety Code § 11210 (2017). PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\11AUN1.SGM 11AUN1

Agencies

[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)]
[Notices]
[Pages 37611-37612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17011]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Luis C B Gomez, D.D.S. Decision and Order

    On May 5, 2017, the Assistant Administrator, Diversion Control 
Division, Drug Enforcement Administration (hereinafter, DEA or 
Government), issued an Order to Show Cause to Luis C B Gomez, D.D.S. 
(hereinafter, Registrant), the holder of Certificate of Registration 
No. AG1976971 in Chula Vista, California, pursuant to which he is 
authorized to prescribe controlled substances in Schedules II through 
IV.\1\ GX 1 (Certification of Registration Status dated May 17, 2017). 
The Show Cause Order proposed the revocation of Registrant's 
Certificate of Registration and the denial of any pending application 
for renewal or modification of Registrant's registration on the ground 
that Registrant does not have authority to dispense controlled 
substances in California, the State in which he is registered. GX 3, at 
1 (citing 21 U.S.C. 824(a)(3)).
---------------------------------------------------------------------------

    \1\ The Order to Show Cause stated that Registrant was 
authorized to prescribe controlled substances in Schedule V.
---------------------------------------------------------------------------

    As the jurisdictional basis for the proceeding, the Show Cause 
Order alleged that Registrant's registration expires on September 30, 
2017. Id.
    As the substantive grounds for the proceeding, the Show Cause Order 
alleged that Registrant currently lacks authority to ``handle 
controlled substances in California,'' voluntarily surrendered his 
California dental license ``on approximately September 8, 2016,'' and 
subsequently ``signed a Stipulated Surrender of License and Order 
before the Dental Board of California'' on November 7, 2016.\2\ Id. at 
2. The Government asserted that Registrant's ``lack of authority to 
handle controlled substances in the State of California constitutes 
grounds to revoke . . . [his] registration.'' Id.
---------------------------------------------------------------------------

    \2\ The Government submitted the Stipulated Surrender of License 
and Order before the Dental Board of California (hereinafter, DBC), 
the Accusation dated May 2, 2012, the Decision and Order of the DBC 
dated October 4, 2013, and the DBC Stipulated Settlement and 
Disciplinary Order dated July 31, 2013 with its Request for Final 
Agency Action (hereinafter, RFAA). GX 4 (Appendices).
---------------------------------------------------------------------------

    Citing 21 CFR 1301.43, the Show Cause Order notified Registrant of 
his right to request a hearing on the allegation or to submit a written 
statement while waiving his right to a hearing, the procedure for 
electing each option, and the consequence for failing to elect either 
option. Id. at 2. Citing 21 U.S.C. 824(c)(2)(C), it notified Registrant 
of the opportunity to submit a corrective action plan. Id. at 3.
    The lead DEA Diversion Investigator (hereinafter, DI) assigned to 
Registrant's matter executed a Declaration in which she stated that, on 
May 5, 2017, she personally served Registrant with a copy of the Order 
to Show Cause at his residence. GX 4, at 1. I find that the 
Government's service of the Show Cause Order on Registrant was legally 
sufficient.
    The Government submitted a Request for Final Agency Action dated 
June 6, 2017 and an evidentiary record to support the Show Cause 
Order's allegations. In the RFAA, the Government represented that, 
``Thirty days passed from the date of service and Respondent requested 
no hearing on the OTSC, nor has he filed a written statement in lieu of 
requesting a hearing.'' RFAA, at 1.
    Based on the Government's representations and my review of the 
record, I find that more than 30 days have now passed since the date on 
which Registrant was served with the Show Cause Order and neither 
Registrant, nor anyone purporting to represent him, has requested a 
hearing or submitted a written statement while waiving his right to a 
hearing. Accordingly, I find that Registrant has waived his right to a 
hearing and his right to submit a written statement. 21 CFR 1301.43(d). 
I therefore issue this Decision and Order based on the record submitted 
by the Government. 21 CFR 1301.43(e).

Findings of Fact

Registrant's DEA Registration

    Registrant currently holds DEA practitioner registration AG1976971 
authorizing him to dispense controlled substances in Schedules II 
through IV. GX 1, GX 2. This registration expires on September 30, 
2017. Id.
    DEA practitioner registration AG1976971 is assigned to Registrant 
at ``232 Third Avenue, Ste A, 232 3rd Ave., Chula Vista, CA 91910.'' 
Id.

The Status of Registrant's State License

    On November 15, 2016, the Dental Board of California ordered that 
Dental License No. 24551 was surrendered and accepted by the DBC. GX 4, 
Appendix A (Stipulated Surrender of License and Order). Pursuant to 
that Order, Registrant has lost ``all rights and privileges as a 
dentist in California.'' Id. at 2.

Discussion

    Pursuant to 21 U.S.C. 824(a)(3), the Attorney General is authorized 
to suspend or revoke a registration issued under section 823 of the 
Controlled Substances Act (hereinafter, CSA), ``upon a finding that the 
registrant . . . has had his State license . . . suspended, revoked, or 
denied by competent State authority and is no longer authorized by 
State law to engage

[[Page 37612]]

in the . . . dispensing of controlled substances.'' With respect to a 
practitioner, the DEA has also long held that the possession of 
authority to dispense controlled substances under the laws of the State 
in which a practitioner engages in professional practice is a 
fundamental condition for obtaining and maintaining a practitioner's 
registration. See, e.g., James L. Hooper, 76 FR 71,371 (2011), pet. for 
rev. denied, 481 Fed. Appx. 826 (4th Cir. 2012); Frederick Marsh 
Blanton, 43 FR 27,616 (1978).
    This rule derives from the text of two provisions of the CSA. 
First, Congress defined the term `` `practitioner' [to] mean[ ] a . . . 
physician, dentist, . . . or other person licensed, registered, or 
otherwise permitted, by . . . the jurisdiction in which he practices . 
. ., to distribute, dispense, [or] administer . . . a controlled 
substance in the course of professional practice . . . .'' 21 U.S.C. 
802(21). Second, in setting the requirements for obtaining a 
practitioner's registration, Congress directed that ``[t]he Attorney 
General shall register practitioners . . . if the applicant is 
authorized to dispense . . . controlled substances under the laws of 
the State in which he practices.'' 21 U.S.C. 823(f). Because Congress 
has clearly mandated that a practitioner possess state authority in 
order to be deemed a practitioner under the CSA, the DEA has held 
repeatedly that revocation of a practitioner's registration is the 
appropriate sanction whenever he is no longer authorized to dispense 
controlled substances under the laws of the State in which he 
practices. See, e.g., Hooper, 76 FR at 71,371-72; Sheran Arden Yeates, 
71 FR 39,130, 39,131 (2006); Dominick A. Ricci, 58 FR 51,104, 51,105 
(1993); Bobby Watts, 53 FR 11,919, 11,920 (1988); Blanton, 43 FR at 
27,616.
    Under California law, section 1626 of the Business and Professions 
Code provides that ``[i]t is unlawful for any person to engage in the 
practice of dentistry in the state . . . unless the person has a valid, 
unexpired license or special permit from the Board.'' Cal. Bus. & Prof. 
Code Sec.  1626 (2017).\3\ Further, section 11210 of the California 
Health and Safety Code sets out who may lawfully prescribe controlled 
substances in California other than for the treatment of addicts. 
California licensed dentists are among those lawful prescribers.\4\ See 
Cal. Bus. & Prof. Code Sec.  11024 (2017).
---------------------------------------------------------------------------

    \3\ Dentistry and the practice of dentistry are addressed in 
Cal. Bus & Prof. Code Sec.  1625 which states, among other things, 
that dentistry is the diagnosis or treatment of diseases and may 
include the use of ``drugs.''
    \4\ A physician, surgeon, dentist, veterinarian, naturopathic 
doctor . . ., podiatrist, or pharmacist . . ., or registered nurse . 
. ., or physician assistant . . ., or an optometrist . . . may 
prescribe for, furnish to, or administer controlled substances to 
his or her patient when the patient is suffering from a disease, 
ailment, injury, or infirmities attendant upon old age, other than 
addiction to a controlled substance. Cal. Health & Safety Code Sec.  
11210 (2017).
---------------------------------------------------------------------------

    In this case, pursuant to the DBC Stipulated Surrender of License 
and Order, Registrant has lost all rights and privileges as a dentist 
in California. Supra. Consequently, under California law, Registrant is 
not currently authorized to handle controlled substances in that State. 
Supra. I, therefore, conclude that the record supports the revocation 
of Registrant's registration because he does not possess authority to 
dispense controlled substances under the laws of California, the State 
in which he is registered. 21 U.S.C. 824(a)(3). Thus, I find that 
Registrant is not entitled to maintain his DEA registration. Blanton, 
supra. Accordingly, I will order that his registration be revoked and 
that any pending application for the renewal or modification of his 
registration be denied. Id.

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 DEA Certificate of Registration 
AG1976971 issued to Luis C B Gomez, D.D.S., be, and it hereby is, 
revoked. I further order that any pending application of Luis C B 
Gomez, D.D.S., to renew or modify this registration, as well as any 
other pending application by him for registration in the State of 
California, be, and it hereby is, denied. This order is effective 
September 11, 2017.

    Dated: August 2, 2017.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2017-17011 Filed 8-10-17; 8:45 am]
 BILLING CODE 4410-09-P