Sunshine Act Meeting Notice, 70793 [06-9568]

Download as PDF 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 http://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]


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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