Submission for OMB Review; Comment Request, 50004-50005 [2010-20090]
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Federal Register / Vol. 75, No. 157 / Monday, August 16, 2010 / Notices
sroberts on DSKD5P82C1PROD with NOTICES
purposes of [21 U.S.C. 824(a)(4)],
consider the practitioner to have
committed an act that renders the
registration of the practitioner pursuant
to subsection (f) to be inconsistent with
the public interest.’’ 21 U.S.C.
823(g)(2)(E)(i). Accordingly, I further
hold that Respondent’s prescribing of
Subutex to the CI for detoxification
purposes provides an additional and
independent basis to support the
Government’s prima facie case.
Sanction
Under Agency precedent, where, as
here, ‘‘the Government has proved that
a registrant has committed acts
inconsistent with the public interest, a
registrant must ‘present[] sufficient
mitigating evidence to assure the
Administrator that [he] can be entrusted
with the responsibility carried by such
a registration.’ ’’ Medicine ShoppeJonesborough, 73 FR 363, 387 (2008)
(quoting Samuel S. Jackson, 72 FR
23848, 23853 (2007) (quoting Leo R.
Miller, 53 FR 21931, 21932 (1988)).
Moreover, because ‘‘past performance is
the best predictor of future performance,
ALRA Labs, Inc. v. DEA, 54 F.3d 450,
452 (7th Cir.1995), [DEA] has repeatedly
held that where a registrant has
committed acts inconsistent with the
public interest, the registrant must
accept responsibility for [his] actions
and demonstrate that [he] will not
engage in future misconduct.’’ Medicine
Shoppe, 73 FR at 387; see also Jackson,
72 FR at 23853; John H. Kennedy, 71 FR
35705, 35709 (2006); Prince George
Daniels, 60 FR 62884, 62887 (1995). See
also Hoxie v. DEA, 419 F.3d at 483
(‘‘admitting fault’’ is ‘‘properly
consider[ed]’’ by DEA to be an
‘‘important factor[]’’ in the public
interest determination).
As part of this determination, this
Agency also places great weight on a
registrant’s candor, both during an
investigation and in any subsequent
proceeding. See, e.g., The Lawsons, Inc.,
t/a The Medicine Shoppe Pharmacy, 72
FR 74334, 74338 (2007) (quoting Hoxie,
419 F.3d at 483) (‘‘Candor during DEA
investigations properly is considered by
the DEA to be an important factor when
assessing whether a * * * registration is
consistent with the public interest.’’).
See also Rose Mary Jacinta Lewis, M.D.,
72 FR 4035, 4042 (2007) (holding that
lying under oath in proceeding to
downplay responsibility supports
conclusion that physician ‘‘cannot be
entrusted with a registration’’).
Here, as the ALJ found, the evidence
supports the conclusions that
Respondent has failed to accept
responsibility for his misconduct and
gave false testimony in the proceeding.
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ALJ at 30. More specifically, based on
the transcript of the April 24 visit,
which clearly shows that Respondent
falsely documented that the UC had
osteoporosis, the ALJ found not credible
Respondent’s testimony that he
genuinely believed the UC had
osteoporosis. I agree.
Moreover, while the ALJ expressly
declined to make any findings as to
whether she found credible
Respondent’s testimony that the CI had
phoned him and related that the UC had
various conditions such as HIV and a
history of bone fractures (which was
offered to provide some medical
justification for the steroid
prescriptions), as explained above, as
ultimate factfinder, I have rejected his
testimony as not credible for multiple
reasons. In short, the entirety of the
evidence convincingly demonstrates
that Respondent’s testimony regarding
the purported phone call was patently
self-serving and disingenuous.
Respondent further argues that he
refused to prescribe HGH to the UC and
also refused the UC’s request to accept
the latter’s friends as ‘‘patients.’’ As for
Respondent’s refusal to prescribe HGH
(which is not a controlled substance), it
is far from clear that the UC was seeking
HGH as he noted that it’s ‘‘the most
expensive stuff on earth’’ and that it had
caused an acquaintance’s head to
swell.26 GX 10, at 11. While it is true
that Respondent told the UC of other
serious side effects caused by HGH, this
no more mitigates his misconduct in
issuing the steroid prescriptions than
would an argument that one had
prescribed a slightly less dangerous
narcotic rather than a more dangerous
one sought by a drug abuser (for
example OxyContin instead of
Fentanyl), when there was no legitimate
medical purpose for any such
prescription. Put another way, the fact
that a controlled substance causes less
dangerous side effects than another drug
which a drug abuser may have sought
does not make a prescription for a
controlled substance, which lacks a
legitimate medical purpose, any less
illegal.
As for Respondent’s declining the
UC’s offer to refer his friends because he
‘‘usually’’ did not do ‘‘guys who are just
looking for bodybuilding and stuff like
that,’’ he nonetheless was willing to
issue illegal prescriptions to the UC.
Moreover, that Respondent did not
‘‘usually’’ write steroid prescriptions for
26 In her opinion, the ALJ found that the UC had
‘‘hinted that he would like a prescription for’’ HGH.
ALJ at 22. This does not seem to be an accurate
reading of the evidence in light of the UC’s
complaint that HGH is ‘‘the most expensive stuff on
earth.’’ GX 10, at 39.
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Fmt 4703
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those into bodybuilding implies that, in
some other instances, he did. See ALJ at
32.
In short, even were I to view the
evidence as supporting both
Respondent’s contention that the UC
sought HGH but he refused to prescribe
it and that he declined the UC’s offer to
refer his friends, these circumstances
are not sufficient to rebut the
Government’s prima facie case and
demonstrate that he can be entrusted
with a registration. Moreover, regarding
his extensive violations of Federal law
in prescribing Subutex for detoxification
treatment, Respondent did not accept
responsibility, but rather blamed his
misconduct on the fact that no
pharmacist told him that he needed a
separate registration to do so.27
In conclusion, because Respondent
has failed to accept responsibility for his
misconduct and provided less than
candid testimony in the proceeding, it is
clear that his continued registration
‘‘would be inconsistent with the public
interest.’’ 21 U.S.C. 823(f). Accordingly,
Respondent’s registration will be
revoked and his pending application to
renew his registration will be denied.
Order
Pursuant to the authority vested in me
by 21 U.S.C. 823(f) & 824(a), as well as
28 CFR 0.100(b) & 0.104, I hereby order
that DEA Certificate of Registration,
BH1292642, issued to Robert F. Hunt,
D.O., be, and it hereby is, revoked. I
further order that Respondent’s pending
application to renew his registration be,
and it hereby is, denied. This Order is
effective immediately.
Dated: July 30, 2010.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 2010–20243 Filed 8–13–10; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review;
Comment Request
August 3, 2010.
The Department of Labor (DOL)
hereby announces the submission of the
following public information collection
request (ICR) to the Office of
27 I have also considered Respondent’s evidence
regarding his volunteer activities related to persons
with HIV. While his activities are laudable, they do
not negate the fact that Respondent knowingly
diverted steroids and repeatedly violated Federal
law in prescribing Subutex. Nor are his activities
relevant in determining whether Respondent has
accepted responsibility for his misconduct.
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sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 75, No. 157 / Monday, August 16, 2010 / Notices
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; including,
among other things, a description of the
likely respondents, proposed frequency
of response, and estimated total burden
may be obtained from the RegInfo.gov
Web site at https://www.reginfo.gov/
public/do/PRAMain or by contacting
Linda Watts Thomas on 202–693–4223
(this is not a toll-free number) and email mail to:
DOL_PRA_PUBLIC@dol.gov.
Interested parties are encouraged to
send comments to the Office of
Information and Regulatory Affairs,
Attn: OMB Desk Officer for the
Department of Labor—Office of
Workers’ Compensation Programs
(OWCP), Room 10235, Washington, DC
20503, Telephone: 202–395–7316/Fax
202–395–5806 (these are not toll-free
numbers), e-mail:
OIRA_submission@omb.eop.gov within
30 days from the date of this publication
in the Federal Register. In order to
ensure the appropriate consideration,
comments should reference the
applicable OMB Control Number (see
below).
The OMB is particularly interested in
comments which:
(1) 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;
(2) 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;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) 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 submission of
responses.
Agency: Office of Workers’
Compensation Programs.
Type of Review: Extension.
Title of Collection: Survivor’s Form
for Benefits.
OMB Control Number: 1240–0027.
Agency Form Number: CM–912.
Affected Public: Individuals or
Households.
Cost to Federal Government: $27,324.
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18:51 Aug 13, 2010
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Total Estimated Number of
Respondents: 1,750.
Total Estimated Number of
Responses: 1,750.
Total Burden Hours: 233.
Total Hour Burden Cost (operating/
maintaining): $681.50.
Description: This collection of
information is required to administer
the benefit payment provisions of the
Black Lung Act for survivors of
deceased miners. Completion of this
form constitutes the application for
benefits by survivors and assists in
determining the survivor’s entitlement
to benefits. Form CM–912 is authorized
for use by the Black Lung Benefits Act
30 U.S.C. 901, et seq., 20 CFR 410.221
and CFR 725.304 and is used to gather
information from a survivor of a miner
to determine if the survivor is entitled
to benefits. For additional information,
see related notice published in the
Federal Register on March 12, 2010
(Vol. 75 page 11912).
Dated: August 3, 2010.
Linda Watts Thomas,
Acting Departmental Clearance Officer.
[FR Doc. 2010–20090 Filed 8–13–10; 8:45 am]
BILLING CODE 4510–CK–P
DEPARTMENT OF LABOR
Office of the Secretary
Notice of Public Information Collection
Request
Submission for OMB Review;
Comment Request.
ACTION:
The Department of Labor
(DOL) hereby announces the submission
of 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; including,
among other things, a description of the
likely respondents, proposed frequency
of response, and estimated total burden
may be obtained from the RegInfo.gov
Web site at https://www.reginfo.gov/
public/do/PRAMain or by contacting
Linda Watts Thomas on 202–693–4223
(this is not a toll-free number) and email mail to:
DOL_PRA_PUBLIC@dol.gov.
Interested parties are encouraged to
send written comments to the Office of
Information and Regulatory Affairs,
Attn: OMB Desk Officer for the
Department of Labor—Bureau of Labor
Statistics (BLS), Room 10235,
Washington, DC 20503, Telephone:
SUMMARY:
PO 00000
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Fmt 4703
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50005
202–395–7316/Fax 202–395–5806 (these
are not toll-free numbers), E-mail:
OIRA_submission@omb.eop.gov within
30 days from the date of this publication
in the Federal Register. In order to
ensure the appropriate consideration,
comments should reference the
applicable OMB Control Number (see
below).
The OMB is particularly interested in
comments which:
(1) 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;
(2) 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;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) 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 submission of
responses.
Agency: Bureau of Labor Statistics.
Type of Review: Revision of a
currently approved collection.
Title of Collection: Survey of
Occupational Injuries and Illnesses.
OMB Control Number: 1220–0045.
Affected Public: Businesses or other
for-profits; Not-for-profit institutions;
Farms; State, Local or Tribal
Governments.
Frequency: Annually.
Estimated Number of Respondents:
240,000.
Total Number of Responses: 240,000.
Total Burden Hours: 350,266.
Total Hour Burden Cost (operating/
maintaining): $0.
Description: The Survey of
Occupational Injuries and Illnesses is
the primary indicator of the Nation’s
progress in providing every working
man and woman safe and healthful
working conditions. The survey
produces the overall rate of occurrence
of work injuries and illnesses by
industry which can be compared to
prior years to produce measures of the
rate of change. Survey data are used to
evaluate the effectiveness of the Federal
and State programs for improving work
place safety and health and to prioritize
scarce resources. For additional
information, see related notice
published in the Federal Register on
April 16, 2010, (Vol. 75, page 20004).
E:\FR\FM\16AUN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 157 (Monday, August 16, 2010)]
[Notices]
[Pages 50004-50005]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20090]
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DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review; Comment Request
August 3, 2010.
The Department of Labor (DOL) hereby announces the submission of
the following public information collection request (ICR) to the Office
of
[[Page 50005]]
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;
including, among other things, a description of the likely respondents,
proposed frequency of response, and estimated total burden may be
obtained from the RegInfo.gov Web site at https://www.reginfo.gov/public/do/PRAMain or by contacting Linda Watts Thomas on 202-693-4223
(this is not a toll-free number) and e-mail mail to: DOL_PRA_PUBLIC@dol.gov.
Interested parties are encouraged to send comments to the Office of
Information and Regulatory Affairs, Attn: OMB Desk Officer for the
Department of Labor--Office of Workers' Compensation Programs (OWCP),
Room 10235, Washington, DC 20503, Telephone: 202-395-7316/Fax 202-395-
5806 (these are not toll-free numbers), e-mail: OIRA_submission@omb.eop.gov within 30 days from the date of this publication
in the Federal Register. In order to ensure the appropriate
consideration, comments should reference the applicable OMB Control
Number (see below).
The OMB is particularly interested in comments which:
(1) 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;
(2) 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;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) 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
submission of responses.
Agency: Office of Workers' Compensation Programs.
Type of Review: Extension.
Title of Collection: Survivor's Form for Benefits.
OMB Control Number: 1240-0027.
Agency Form Number: CM-912.
Affected Public: Individuals or Households.
Cost to Federal Government: $27,324.
Total Estimated Number of Respondents: 1,750.
Total Estimated Number of Responses: 1,750.
Total Burden Hours: 233.
Total Hour Burden Cost (operating/maintaining): $681.50.
Description: This collection of information is required to
administer the benefit payment provisions of the Black Lung Act for
survivors of deceased miners. Completion of this form constitutes the
application for benefits by survivors and assists in determining the
survivor's entitlement to benefits. Form CM-912 is authorized for use
by the Black Lung Benefits Act 30 U.S.C. 901, et seq., 20 CFR 410.221
and CFR 725.304 and is used to gather information from a survivor of a
miner to determine if the survivor is entitled to benefits. For
additional information, see related notice published in the Federal
Register on March 12, 2010 (Vol. 75 page 11912).
Dated: August 3, 2010.
Linda Watts Thomas,
Acting Departmental Clearance Officer.
[FR Doc. 2010-20090 Filed 8-13-10; 8:45 am]
BILLING CODE 4510-CK-P
