Masters Pharmaceutical, Inc.; Order, 39614 [2017-17638]
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39614
Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Notices
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Data Committee.
[FR Doc. 2017–17561 Filed 8–18–17; 8:45 am]
BILLING CODE 4338–11–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 13–39]
Masters Pharmaceutical, Inc.; Order
On August 14, 2017, the United States
Court of Appeals for the District of
Columbia Circuit granted the Agency’s
motion to dissolve the stay of my Order
of September 8, 2015, revoking DEA
Certificate of Registration No.
RD0277409 issued to Masters
Pharmaceutical, Inc. See Masters
Pharmaceutical, Inc., v. Drug
Enforcement Administration, No. 15–
1335 (D.C. Cir. Aug. 14, 2017) (Order).
Accordingly, I order that DEA
Certificate of Registration No.
RD0277409 issued to Masters
Pharmaceutical, Inc., be, and it hereby
is, revoked. I further order that any
application of Masters Pharmaceutical,
Inc., to renew or modify this
registration, be, and it hereby is, denied.
This Order is effective at 12:01 a.m. on
August 16, 2017.
Dated: August 15, 2017.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2017–17638 Filed 8–18–17; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
asabaliauskas on DSKBBXCHB2PROD with NOTICES
[Docket No. 17–17]
Arnold E. Feldman, M.D.; Decision and
Order
On January 24, 2017, the Assistant
Administrator, Diversion Control
Division, issued an Order to Show
Cause to Arnold E. Feldman, M.D.
(Respondent), of Baton Rouge,
Louisiana. The Show Cause Order
proposed the revocation of
Respondent’s DEA Certificate of
VerDate Sep<11>2014
18:37 Aug 18, 2017
Jkt 241001
Registration No. BF4179203, and the
denial of his application for a
registration, on the ground that he
‘‘do[es] not have authority to handle
controlled substances in the State of
Louisiana, the [S]tate in which [he is]
registered . . . and [is] applying’’ for
registration. Show Cause Order, at 1.
As to the jurisdictional basis for the
proceeding, the Show Cause Order
alleged that Respondent is ‘‘registered
. . . as a data-waived/100 practitioner
in [s]chedules II–V pursuant to
[Registration No.] BF4179203 with a
registered address at 505 East Airport
[Blvd.], Baton Rouge, Louisiana,’’ and
that this registration does not expire
until ‘‘September 30, 2018.’’ Id. The
Order also alleged that ‘‘[o]n July 31,
2013, [Respondent] applied for a
separate . . . [r]egistration as a
practitioner in [s]chedules II–V with a
registered address of 505 East Airport
[Blvd.], Baton Rouge, Louisiana.’’ Id.
As to the substantive ground for the
proceeding, the Show Cause Order
alleged that Respondent’s ‘‘[a]uthority to
prescribe and administer controlled
substances in the State of Louisiana was
suspended effective October 19, 2016.’’
Id. at 2. The Order then asserted that as
a consequence of Respondent’s ‘‘lack of
authority to handle controlled
substances in the State of Louisiana,’’
Respondent’s registration is subject to
revocation and his application must be
denied. Id.
The Show Cause Order notified
Respondent of his right to request a
hearing on the allegation or to submit a
written statement while waiving his
right to a hearing and the procedure for
electing either option. Id. (citing 21 CFR
1301.43). In addition, the Order notified
Respondent of his right to submit a
corrective action plan pursuant to 21
U.S.C. 824(c)(2)(C). Id. at 2–3.
On February 23, 2017, Respondent
requested a hearing on the allegation.
Letter from Respondent to Hearing
Clerk, Office of Administrative Law
Judges (Feb. 23, 2017). The same day,
the matter was assigned to
Administrative Law Judge Charles Wm.
Dorman (hereinafter, ALJ), who issued
an order (also on Feb. 23) directing the
Government to file evidence supporting
the allegation by March 10, 2017 at 2
p.m., as well any motion for summary
disposition. Briefing Schedule For Lack
Of State Authority Allegations, at 1. The
ALJ’s order also provided that if the
Government moved for summary
disposition, Respondent’s opposition
was due by March 24, 2017 at 2 p.m. Id.
The next day, Respondent emailed the
ALJ’s law clerk seeking a continuance in
order to engage counsel. Email from
Respondent to ALJ’s law clerk (Feb. 24,
PO 00000
Frm 00059
Fmt 4703
Sfmt 4703
2017). Respondent explained that he
was seeking the continuance because ‘‘I
have court cases pending in multiple
jurisdictions including a Mar 16
hearing, a Mar 20 hearing in Mississippi
and appeals in Louisiana and
Mississippi and California.’’ Id.
Respondent subsequently sought ‘‘ ‘a
continuance of at least 120 days’ due to
constant court appearances in
Louisiana, Mississippi, and California.’’
Order Denying The Respondent’s
Request For Continuance, at 1 (Feb. 27,
2017). Noting that his Briefing Schedule
order ‘‘provided the Respondent [with]
a date to respond, if the government files
such a motion,’’ the ALJ reasoned that
‘‘[b]ecause the government ha[d] not
filed a motion for summary disposition
. . . Respondent’s request . . . is
premature.’’ Id.
On March 2, 2017, the Government
filed its Motion for Summary
Disposition. As support for its motion,
the Government provided: (1) A copy of
Respondent’s registration; (2) his July
30, 2013 application for registration as
a hospital/clinic; (3) the Decision and
Order of the Louisiana State Board of
Medical Examiners (Aug. 15, 2016)
which ordered the suspension of his
medical license for a period of two years
to begin 30 days from the date of the
Order, and a subsequent Order of the
Board (Sept. 13, 2016), which extended
the commencement of the suspension
until October 14, 2016; (4) a copy of a
judgment issued by the Civil District
Court for the Parish of Orleans which
stayed the Board’s Order from October
14, 2016 through October 19, 2016 and
further ordered the Board to ‘‘show
cause’’ as to ‘‘why the stay should not
continue’’; and (5) a Declaration of a
Diversion Investigator as to various
matters, including that the Board’s
Order had gone into effect on October
19, 2016. Mot. for Summ. Disp., at
Appendix A–E.
On March 10, 2017, counsel for
Respondent entered a notice of
appearance. On March 23, 2017,
Respondent filed his Reply to the
Government’s Motion.
Therein, ‘‘Respondent
acknowledge[d] that his license to
practice medicine in . . . Louisiana has
been suspended in accordance with the
. . . Board of Medical Examiners’
Order.’’ Resp. Reply, at 1. Respondent
contended, however, ‘‘that there are
material questions of fact and law that
require resolution in a plenary,
evidentiary proceeding.’’
According to Respondent, these issues
were that he possesses ‘‘an active and
unrestricted’’ license to practice
medicine in Alabama and ‘‘a full and
unrestricted Alabama Controlled
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[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Notices]
[Page 39614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17638]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 13-39]
Masters Pharmaceutical, Inc.; Order
On August 14, 2017, the United States Court of Appeals for the
District of Columbia Circuit granted the Agency's motion to dissolve
the stay of my Order of September 8, 2015, revoking DEA Certificate of
Registration No. RD0277409 issued to Masters Pharmaceutical, Inc. See
Masters Pharmaceutical, Inc., v. Drug Enforcement Administration, No.
15-1335 (D.C. Cir. Aug. 14, 2017) (Order). Accordingly, I order that
DEA Certificate of Registration No. RD0277409 issued to Masters
Pharmaceutical, Inc., be, and it hereby is, revoked. I further order
that any application of Masters Pharmaceutical, Inc., to renew or
modify this registration, be, and it hereby is, denied. This Order is
effective at 12:01 a.m. on August 16, 2017.
Dated: August 15, 2017.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2017-17638 Filed 8-18-17; 8:45 am]
BILLING CODE 4410-09-P
