Sunshine Act Meeting Notice, 70793 [06-9568]
Download as PDF
<![CDATA[
Federal Register / Vol. 71, No. 234 / Wednesday, December 6, 2006 / Notices
PWALKER on PRODPC60 with NOTICES
The Notice further stated that doctors
who issued prescriptions without
establishing a legitimate doctor/patient
relationship could be subjected ‘‘to
criminal, civil, or administrative
actions,’’ and that ‘‘[f]or DEA registrants
administrative action may include the
loss of their DEA registration.’’ Id. Thus,
contrary to Respondent’s suggestion that
no information was publicly available
regarding the potential illegality of the
practice, DEA had given fair warning
that prescribing a controlled substance
based on an on-line questionnaire and
without conducting a physical exam
could be deemed a violation of the
CSA’s longstanding requirement that a
prescription must be issued for a
legitimate medical purpose. DEA also
warned that issuing a prescription
without such a purpose could subject a
physician to criminal, civil and
administrative proceedings.
Moreover, in April 2002, the
Federation of State Medical Boards
adopted its model guidelines for the use
of the Internet in medical practice.
Section Five of this document states that
‘‘[a] documented patient evaluation,
including history and physical
evaluation adequate to establish
diagnoses and identify underlying
conditions and/or contra-indications to
the treatment recommended/provided,
must be obtained prior to providing
treatment, including issuing
prescriptions, electronically or
otherwise.’’ Federation of State Medical
Boards of the U.S., Inc., Model
Guidelines for the Appropriate Use of
the Internet in Medical Practice 5 (2002)
(emphasis added).
The guidelines further state that
‘‘[t]reatment and consultation
recommendations made in an online
setting, including issuing a prescription
via electronic means, will be held to the
same standards of appropriate practice
as those in traditional (face-to-face)
settings.’’ Id. Finally, the guidelines
state that ‘‘[t]reatment, including issuing
a prescription, based solely on an online
questionnaire or consultation, does not
constitute an acceptable standard of
care.’’ Id.
Thus, while Respondent may have
lacked actual knowledge of DEA’s
interpretation of the CSA and the
position of other entities involved in the
regulation of his profession, I conclude
The Notice also discussed some Internet sites
which ‘‘ask[ed] patients to waive the requirement
for a physical and to agree to have a physical before
taking a drug they purchase via the Internet.’’ Id.
In this regard, the Notice stated: ‘‘[a]n after-the-fact
physical does not take the place of establishing a
doctor/patient relationship. The physical exam
should take place before the prescription is
written.’’ Id.
VerDate Aug<31>2005
16:03 Dec 05, 2006
Jkt 211001
that such information was readily
available at the time Respondent
commenced his contract with
Pharmacon and therefore will not
excuse his misconduct.7 Moreover, I
find that Respondent’s experience in
dispensing controlled substances and
his record of compliance with
applicable laws involve numerous
violations of the CSA in that
Respondent issued prescriptions
without a legitimate medical purpose
and that these factors demonstrate that
granting Respondent’s application (in
the event the State were to rescind its
order) would be inconsistent with the
public interest. Having found so, it is
unnecessary to address the remaining
factors. See, e.g., Hoxie, 419 F.3d at 483;
Morall, 412 F.3d at 165.
Order
Accordingly, pursuant to the
authority vested in me by 21 U.S.C.
823(f), and 28 CFR 0.100(b) and 0.104,
I hereby order that the application of
Mario Alberto Diaz for a DEA Certificate
of Registration as a Practitioner be, and
it hereby is, denied. This order is
effective January 5, 2007.
Dated: November 3, 2006.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E6–20630 Filed 12–5–06; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Foreign Claims Settlement
Commission
[F.C.S.C. Meeting Notice No. 10–06]
Sunshine Act Meeting Notice
The Foreign Claims Settlement
Commission, pursuant to its regulations
(45 CFR Part 504) and the Government
in the Sunshine Act (5 U.S.C. 552b),
hereby gives notice in regard to the
scheduling of meetings for the
transaction of Commission business and
other matters specified, as follows:
DATE AND TIME: Thursday, December 14,
2006, at 10 a.m.
SUBJECT MATTER: Issuance of Amended
Proposed Decisions and Amended Final
Decisions in claims against Albania.
STATUS: Open.
All meetings are held at the Foreign
Claims Settlement Commission, 600 E
7 I do not rely on the fact that Respondent worked
as an anesthesiologist after he surrendered his DEA
registration. While the administration of anesthesia
invariably requires the use of controlled substances
and it seems highly probable that Respondent
further violated the CSA by administering
controlled substances without a registration, this
conduct was not alleged in the Show Cause Order.
PO 00000
Frm 00060
Fmt 4703
Sfmt 4703
70793
Street, NW., Washington, DC. Requests
for information, or advance notices of
intention to observe an open meeting,
may be directed to: Administrative
Officer, Foreign Claims Settlement
Commission, 600 E Street, NW., Room
6002, Washington, DC 20579.
Telephone: (202) 616–6988.
Mauricio J. Tamargo,
Chairman.
[FR Doc. 06–9568 Filed 12–4–06; 10:10 am]
BILLING CODE 4410–01–P
DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review:
Comment Request
November 29, 2006.
The Department of Labor (DOL) has
submitted the following public
information collection request (ICR) to
the Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act of 1995 (Pub. L. 104–13,
44 U.S.C. chapter 35). A copy of this
ICR, with applicable supporting
documentation, may be obtained from
RegInfo.gov at https://www.reginfo.gov/
public/do/PRAMain or by contacting
Darrin King on 202–693–4129 (this is
not a toll-free number)/e-mail:
king.darrin@dol.gov.
Comments should be sent to Office of
Information and Regulatory Affairs,
Attn: OMB Desk Officer for the Bureau
of Labor Statistics (BLS), Office of
Management and Budget, Room 10235,
Washington, DC 20503, Telephone:
202–395–7316 / Fax: 202–395–6974
(these are not toll-free numbers), within
30 days from the date of this publication
in the Federal Register.
The OMB is particularly interested in
comments which:
• 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
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
E:\FR\FM\06DEN1.SGM
06DEN1
]]>Agencies
[Federal Register Volume 71, Number 234 (Wednesday, December 6, 2006)]
[Notices]
[Page 70793]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9568]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Foreign Claims Settlement Commission
[F.C.S.C. Meeting Notice No. 10-06]
Sunshine Act Meeting Notice
The Foreign Claims Settlement Commission, pursuant to its
regulations (45 CFR Part 504) and the Government in the Sunshine Act (5
U.S.C. 552b), hereby gives notice in regard to the scheduling of
meetings for the transaction of Commission business and other matters
specified, as follows:
Date and Time: Thursday, December 14, 2006, at 10 a.m.
Subject Matter: Issuance of Amended Proposed Decisions and Amended
Final Decisions in claims against Albania.
Status: Open.
All meetings are held at the Foreign Claims Settlement Commission,
600 E Street, NW., Washington, DC. Requests for information, or advance
notices of intention to observe an open meeting, may be directed to:
Administrative Officer, Foreign Claims Settlement Commission, 600 E
Street, NW., Room 6002, Washington, DC 20579. Telephone: (202) 616-
6988.
Mauricio J. Tamargo,
Chairman.
[FR Doc. 06-9568 Filed 12-4-06; 10:10 am]
BILLING CODE 4410-01-P
