Manufacturer of Controlled Substances; Notice of Registration, 51664-51665 [E7-17767]
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Federal Register / Vol. 72, No. 174 / Monday, September 10, 2007 / Notices
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Dated: September 4, 2007.
Lee J. Lofthus,
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Drug Enforcement Administration
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[FR Doc. E7–17754 Filed 9–7–07; 8:45 am]
DEPARTMENT OF JUSTICE
Current and former DOJ employees.
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Importer of Controlled Substances;
Notice of Application
Pursuant to 21 U.S.C. 958(i), the
Attorney General shall, prior to issuing
a registration under this section to a
bulk manufacturer of a controlled
substance in schedule I or II and prior
to issuing a regulation under 21 U.S.C.
952(a)(2) authorizing the importation of
such a substance, provide
manufacturers holding registrations for
the bulk manufacture of the substance
an opportunity for a hearing.
Therefore, in accordance with Title 21
Code of Federal Regulations (CFR),
1301.34(a), this is notice that on July 19,
2007, CIMA Labs, Inc., 7325 Aspen
Lane, Brooklyn Park, Minnesota 55428,
made application by letter to the Drug
Enforcement Administration (DEA) to
be registered as an importer of Nabilone
(7379), a basic class of controlled
substance listed in schedule II.
The company plans to import the
basic class of controlled substance for
clinical trials and research.
Any bulk manufacturer who is
presently, or is applying to be,
registered with DEA to manufacture
such basic class of controlled substance
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may file comments or objections to the
issuance of the proposed registration
and may, at the same time, file a written
request for a hearing on such
application pursuant to 21 CFR 1301.43
and in such form as prescribed by 21
CFR 1316.47.
Any such comments or objections
being sent via regular mail should be
addressed, in quintuplicate, to the Drug
Enforcement Administration, Office of
Diversion Control, Federal Register
Representative (ODL), Washington, DC
20537, or any being sent via express
mail should be sent to Drug
Enforcement Administration, Office of
Diversion Control, Federal Register
Representative (ODL), 2401 JeffersonDavis Highway, Alexandria, Virginia
22301; and must be filed no later than
October 10, 2007.
This procedure is to be conducted
simultaneously with and independent
of the procedures described in 21 CFR
1301.34(b), (c), (d), (e) and (f). As noted
in a previous notice published in the
Federal Register on September 23, 1975,
(40 FR 43745–46), all applicants for
registration to import a basic class of
any controlled substance listed in
schedule I or II are, and will continue
to be required to demonstrate to the
Deputy Assistant Administrator, Office
of Diversion Control, Drug Enforcement
Administration, that the requirements
for such registration pursuant to 21
U.S.C. 958(a), 21 U.S.C. 823(a), and 21
CFR 1301.34(b), (c), (d), (e) and (f) are
satisfied.
Dated: August 28, 2007.
Joseph T. Rannazzisi,
Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement
Administration.
[FR Doc. E7–17766 Filed 9–7–07; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Manufacturer of Controlled
Substances; Notice of Registration
By Notice dated May 10, 2007, and
published in the Federal Register on
May 18, 2007, (72 FR 28073), Cody
Laboratories, Inc., 601 Yellowstone
Avenue, Cody, Wyoming 82414, made
application by renewal to the Drug
Enforcement Administration (DEA) to
be registered as a bulk manufacturer of
the basic classes of controlled
substances listed in schedule I and II:
Drug
Dihydromorphine (9145) ...............
Amphetamine (1100) ....................
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Schedule
I
II
Federal Register / Vol. 72, No. 174 / Monday, September 10, 2007 / Notices
Drug
Schedule
Methamphetamine (1105) ............
Amobarbital (2125) .......................
Pentobarbital (2270) .....................
Secobarbital (2315) ......................
Cocaine (9041) .............................
Oxycodone (9143) ........................
Hydromorphone (9150) ................
Diphenoxylate (9170) ...................
Meperidine (9230) ........................
Oxymorphone (9652) ...................
Sufentanil (9740) ..........................
Fentanyl (9801) ............................
II
II
II
II
II
II
II
II
II
II
II
II
The company plans on manufacturing
the listed controlled substances in bulk
for sale to its customers.
No comments or objections have been
received. DEA has considered the
factors in 21 U.S.C. 823(a) and
determined that the registration of Cody
Laboratories, Inc. to manufacture the
listed basic class of controlled substance
is consistent with the public interest at
this time. DEA has investigated Cody
Laboratories, Inc. to ensure that the
company’s registration is consistent
with the public interest. The
investigation has included inspection
and testing of the company’s physical
security systems, verification of the
company’s compliance with state and
local laws, and a review of the
company’s background and history.
Therefore, pursuant to 21 U.S.C. 823,
and in accordance with 21 CFR 1301.33,
the above named company is granted
registration as a bulk manufacturer of
the basic classes of controlled
substances listed.
Dated: August 28, 2007.
Joseph T. Rannazzisi,
Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement
Administration.
[FR Doc. E7–17767 Filed 9–7–07; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
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Randi M. Germaine, M.D.; Revocation
of Registration
On December 14, 2006, the Deputy
Assistant Administrator, Office of
Diversion Control, issued an Order to
Show Cause to Randi M. Germaine,
M.D. (Respondent), of Casa Grande,
Arizona. The Show Cause Order
proposed the revocation of
Respondent’s DEA Certificate of
Registration, BG3717278, as a
practitioner, as well as the denial of any
pending applications for renewal or
modification of the registration, on the
ground that his continued registration is
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inconsistent with the public interest.
Show Cause Order at 1.
The Show Cause Order specifically
alleged that during the execution of a
search warrant at the Morenci
Healthcare Center (Respondent’s former
employer), copies of patient charts were
obtained which were then sent to a
medical expert for review. Id. at 2. The
Show Cause Order alleged that the
expert had concluded that Respondent’s
‘‘prescribing practices concerning
controlled substances did not meet the
usual standard of care.’’ Id. Relatedly,
the Show Cause Order alleged that
background checks on some of
Respondent’s patients indicated that
they ‘‘were receiving excessive and
unnecessary amounts of controlled
substances,’’ that they were known to
law enforcement to be ‘‘drug abusers,’’
and that some of them had committed
controlled-substance offenses. Id.
Relatedly, the Show Cause Order
alleged that some of Respondent’s
patients ‘‘were known to area
pharmacists as ‘doctor shoppers’ and
‘chronic early refillers.’ ’’ Id. Moreover,
‘‘a number of [Respondent’s] patients
were family members receiving the
same prescriptions for controlled
substances.’’ Id.
The Show Cause Order further alleged
that the ‘‘autopsy reports for two of
[Respondent’s] patients * * * showed
[that] the cause of death [was] drug
overdoses resulting from controlled
substances prescribed by’’ Respondent.
Id. The Show Cause Order also alleged
that another of Respondent’s patients
had ‘‘died after obtaining invalid
prescriptions from [him] for controlled
substances.’’ Id.
On January 8, 2007, the Show Cause
Order, which also notified Respondent
of his right to a hearing, was served on
him as evidenced by the signed returnreceipt card. Because (1) More than
thirty days have passed since service of
the Show Cause Order, and (2)
Respondent did not timely request a
hearing, I conclude that Respondent has
waived his right to a hearing. See 21
CFR 1309.53(c). I therefore enter this
Final Order without a hearing based on
relevant material found in the
investigative file and make the
following findings.
Findings
Respondent is the holder of DEA
Certificate of Registration, BG3717278,
which authorizes him to handle
controlled substances as a practitioner
at the registered location of Harvest
Medical Clinic, Inc., 1856 E. Florence
Blvd., Casa Grande, Arizona.
Respondent’s registration does not
expire until September 30, 2008.
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On August 25, 2003, the Greenlee
County Sheriff’s Office contacted the
DEA Tucson Diversion Group regarding
Respondent’s termination from the
Morenci Healthcare Center based on the
allegation that he over-prescribed
narcotic controlled substances. The
Sheriff’s Office also informed DEA
Investigators that R.S., a thirty-one year
old male inmate at the county jail and
patient of Respondent, had died and
that the autopsy report had found both
methadone and benzodiazepines in his
blood. While the autopsy report noted
that the cause of death could not be
determined and that the ‘‘[t]oxicology
findings may be equivocal due to
decomposition,’’ R.S. was known to
local law enforcement as a drug abuser.
The Sheriff’s Office further related that
Respondent had prescribed methadone
(10 mg. tablets) for R.S. for back pain.
Subsequently, R.S.’s medical records
were sent to Ted Parran, M.D., a boardcertified internist and Associate Clinical
Professor of Medicine and Family
Medicine at the Case Western Reserve
University School of Medicine and
Director of its Addiction Fellowship
Programs.1 According to Dr. Parran’s
report (hereinafter, Expert Report), R.S.
died four days after Respondent started
him on methadone and ‘‘had
demonstrated much drug seeking
behavior over the past two years.’’
Expert Report at 2. Dr. Parran noted that
R.S. ‘‘had [a]n MRI scanning
demonstrating little pathology, had
longstanding complaints and office
behavior out of proportion to evidence
of illness, and [a history] of noncompliance with [physical therapy]
referrals.’’ Id. Dr. Parran further noted
that R.S. ‘‘had been pretty much off of
opioid analgesics (except for a few
Vicodin or Percocet) and in [j]ail for a
while when for some reason he was
started on [m]ethadone * * * on 5/30/
02.’’ Id. Dr. Parran concluded that
‘‘[t]his prescribing is difficult to
imagine, fails to meet usual standards of
care and concern when prescribing
controlled drugs, appears to be for other
than [a] legitimate medical purpose, and
appears to have played a direct role in
the patient’s death.’’ Id.
On or about May 31, 2003, D.K., a
twenty-five year old female and another
of Respondent’s patients, died of a drug
overdose. According to the toxicology
report, hydrocodone, oxycodone,
diazepam, and nordiazepam were
present in D.K.’s blood. Furthermore,
the examining pathologist found that
1 Dr. Parran has also performed research and
issued written educational materials on addiction
and controlled-substance prescribing. He has also
developed a remedial education course on
controlled-substance prescribing.
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[Federal Register Volume 72, Number 174 (Monday, September 10, 2007)]
[Notices]
[Pages 51664-51665]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17767]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Manufacturer of Controlled Substances; Notice of Registration
By Notice dated May 10, 2007, and published in the Federal Register
on May 18, 2007, (72 FR 28073), Cody Laboratories, Inc., 601
Yellowstone Avenue, Cody, Wyoming 82414, made application by renewal to
the Drug Enforcement Administration (DEA) to be registered as a bulk
manufacturer of the basic classes of controlled substances listed in
schedule I and II:
------------------------------------------------------------------------
Drug Schedule
------------------------------------------------------------------------
Dihydromorphine (9145)..................... I
Amphetamine (1100)......................... II
[[Page 51665]]
Methamphetamine (1105)..................... II
Amobarbital (2125)......................... II
Pentobarbital (2270)....................... II
Secobarbital (2315)........................ II
Cocaine (9041)............................. II
Oxycodone (9143)........................... II
Hydromorphone (9150)....................... II
Diphenoxylate (9170)....................... II
Meperidine (9230).......................... II
Oxymorphone (9652)......................... II
Sufentanil (9740).......................... II
Fentanyl (9801)............................ II
------------------------------------------------------------------------
The company plans on manufacturing the listed controlled substances
in bulk for sale to its customers.
No comments or objections have been received. DEA has considered
the factors in 21 U.S.C. 823(a) and determined that the registration of
Cody Laboratories, Inc. to manufacture the listed basic class of
controlled substance is consistent with the public interest at this
time. DEA has investigated Cody Laboratories, Inc. to ensure that the
company's registration is consistent with the public interest. The
investigation has included inspection and testing of the company's
physical security systems, verification of the company's compliance
with state and local laws, and a review of the company's background and
history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with
21 CFR 1301.33, the above named company is granted registration as a
bulk manufacturer of the basic classes of controlled substances listed.
Dated: August 28, 2007.
Joseph T. Rannazzisi,
Deputy Assistant Administrator, Office of Diversion Control, Drug
Enforcement Administration.
[FR Doc. E7-17767 Filed 9-7-07; 8:45 am]
BILLING CODE 4410-09-P