Submission for OMB Review: Comment Request, 70793-70794 [E6-20615]

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 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 70794 Federal Register / Vol. 71, No. 234 / Wednesday, December 6, 2006 / Notices technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Agency: Bureau of Labor Statistics. Type of Review: New collection of information. Title: International Training Application. OMB Number: 1220–0NEW. Type of Response: Reporting. Frequency: On occasion. Affected Public: Individuals or households. Estimated Number of Respondents: 100. Annual Responses: 100. Average Response Time: 20 minutes. Total Annual Burden Hours: 34. Total Annualized capital/startup costs: $0. Total Annual Costs (operating/ maintaining systems or purchasing services): $0. Description: The purpose of this request for review is for the Bureau of Labor Statistics (BLS) to obtain clearance to collect information to support the BLS international training program. This collection will allow the BLS to collect the information needed to register trainees for the international training programs. Darrin A. King, Acting Departmental Clearance Officer. [FR Doc. E6–20615 Filed 12–5–06; 8:45 am] BILLING CODE 4510–23–P DEPARTMENT OF LABOR Employment Standards Administration Proposed Collection; Comment Request PWALKER on PRODPC60 with NOTICES ACTION: Notice. SUMMARY: The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment Standards Administration is soliciting comments concerning the VerDate Aug<31>2005 16:03 Dec 05, 2006 Jkt 211001 proposed collection: Employment Information Forms (WH–3 and WH–3 Spanish). A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice. Written comments must be submitted to the office listed in the addresses section below on or before February 5, 2007. ADDRESSES: Ms. Hazel M. Bell, U.S. Department of Labor, 200 Constitution Ave., NW., Room S–3201, Washington, DC 20210, telephone (202) 693–0418, fax (202) 693–1451, E-mail bell.hazel@dol.gov. Please use only one method of transmission for comments (mail, fax, or E-mail). SUPPLEMENTARY INFORMATION: DATES: I. Background Fair Labor Standards Act (FLSA) section 11(a), 29 U.S.C. 211(a), provides that the Secretary of Labor may investigate and gather data regarding the wages, hours, and other conditions and practices of employment in any industry subject to the FLSA, and may enter and inspect such places and such records (and make such transcriptions thereof), question such employees, and investigate such facts, conditions, practices, or matters deemed necessary or appropriate to determine whether any person has violated any provision of the FLSA. Other Federal laws the Wage and Hour Division (WHD) of the DOL administers provide similar authority. Form WH–3 is an optional form complainants (e.g. current and former employees, unions, and competitor employers) may use to provide information to the WHD about alleged violations of the labor standards provisions the WHD administers. Complainants themselves or WHD staff, using information provided by the complainants, complete the form. WHD staff use the completed forms to obtain information about employer compliance with the provisions of the various labor standards laws enforced by the agency and to determine if the WHD has jurisdiction to investigate the alleged violation(s). Form WH–3 is available in both English and Spanish. When the WHD schedules a complaint-based investigation, the agency makes the completed Form WH–3 part of the investigation case file. This information collection is currently approved for use through June 30, 2007. II. Review Focus The DOL is particularly interested in comments which: PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 • 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 technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. III. Current Actions The DOL seeks approval for the extension of this information collection in order to carry out its responsibility to meet the statutory requirements to investigate alleged violations of the various labor standards laws enforced by the WHD. Type of Review: Extension. Agency: Employment Standards Administration. Title: Employment Information Form. OMB Number: 1215–0001. Agency Number: WH–3 and WH–3 Spanish. Affected Public: Individuals or households. Total Respondents: 35,000. Total Responses: 35,000. Time per Response: 20 minutes. Frequency: On Occasion. Estimated Total Burden Hours: 11,667. Total Burden Cost (capital/startup): $0. Total Burden Cost (operating/ maintenance): $0. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Dated: November 30, 2006. Ruben Wiley, Chief, Branch of Management Review and Internal Control, Division of Financial Management, Office of Management, Administration and Planning, Employment Standards Administration. [FR Doc. E6–20589 Filed 12–5–06; 8:45 am] BILLING CODE 4510–27–P E:\FR\FM\06DEN1.SGM 06DEN1

Agencies

[Federal Register Volume 71, Number 234 (Wednesday, December 6, 2006)]
[Notices]
[Pages 70793-70794]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20615]


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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

[[Page 70794]]

technological collection techniques or other forms of information 
technology, e.g., permitting electronic submission of responses.
    Agency: Bureau of Labor Statistics.
    Type of Review: New collection of information.
    Title: International Training Application.
    OMB Number: 1220-0NEW.
    Type of Response: Reporting.
    Frequency: On occasion.
    Affected Public: Individuals or households.
    Estimated Number of Respondents: 100.
    Annual Responses: 100.
    Average Response Time: 20 minutes.
    Total Annual Burden Hours: 34.
    Total Annualized capital/startup costs: $0.
    Total Annual Costs (operating/maintaining systems or purchasing 
services): $0.
    Description: The purpose of this request for review is for the 
Bureau of Labor Statistics (BLS) to obtain clearance to collect 
information to support the BLS international training program. This 
collection will allow the BLS to collect the information needed to 
register trainees for the international training programs.

Darrin A. King,
Acting Departmental Clearance Officer.
[FR Doc. E6-20615 Filed 12-5-06; 8:45 am]
BILLING CODE 4510-23-P

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