Maja S. Ruetschi: Debarment Order, 18556-18557 [2011-7782]

Download as PDF 18556 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Notices administrative, provider, and customer services process. • Facilitate plans for IT Integration of data resources and data services. • Coordinate policy analysis, development and execution for CMS. • Build and maintain agency capacity to perform analysis of regional variation in the quality and cost of care. • Conduct and manage surveys to capture information about beneficiary populations that our programs serve that is not available in the administrative data. This includes the Medicare Current Beneficiary Survey (MCBS) and the Medicare Health Outcomes Survey (HOS). • Conduct and manage the Research Data Assistance Center (RESDAC), Research Data Distribution Center (RDDC) and Chronic Condition Warehouse (CCW) activities. • Operationalize research-usable files for Medicare, Medicaid, and CHIP administrative data. Dated: March 24, 2011. Marilyn Tavenner, Principal Deputy Administrator and Chief Operating Officer, Centers for Medicare & Medicaid Services. [FR Doc. 2011–7903 Filed 4–1–11; 8:45 am] BILLING CODE 4120–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Submission for OMB Review; Comment Request Title: Reunification Procedures for Unaccompanied Alien Children. OMB No.: 0970–0278. Description: Following the passage of the 2002 Homeland Security Act (Pub. L. 107–296), the Administration for Children and Families (ACF), Office of Refugee Resettlement (ORR), is charged with the care and placement of unaccompanied alien children in Federal custody, and implementing a policy for the release of these children, when appropriate, upon the request of suitable sponsors while awaiting immigration proceedings. In order for ORR to make determinations regarding the release of these children, the potential sponsors must meet certain conditions pursuant to section 462 of the Homeland Security Act and the Flores v. Reno Settlement Agreement No. CV85 4544–RJK (C.D. Cal. 1997). The proposed information collection requests information to be utilized by ORR for determining the suitability of a sponsor/respondent for the release of a minor from ORR custody. The proposed instruments are the Sponsors Agreement to Conditions of Release, Verification of Release, Family Reunification Packet, and the Authorization for Release of Information. Respondents: Sponsors requesting release of unaccompanied alien. ANNUAL BURDEN ESTIMATES Number of respondents Instrument Emcdonald on DSK2BSOYB1PROD with NOTICES Verification of Release (UAC) .......................................................................... Authorization for Release of Information (Sponsor) ........................................ Family Reunification Packet (Sponsor) ........................................................... Sponsors Agreement to Conditions of Release (Sponsor) ............................. Verification of Release (Case Worker) ............................................................ Authorization for Release of Information (Case Worker) ................................ Family Reunification Packet (Case Worker) .................................................... Sponsors Agreement to conditions of Release (Case Worker) ...................... Estimated Total Annual Burden Hours: 16,082.50. Additional Information: Copies of the proposed collection may be obtained by writing to the Administration for Children and Families, Office of Administration, Office of Information Services, 370 L’Enfant Promenade, SW., Washington, DC 20447, Attn: ACF Reports Clearance Officer. All requests should be identified by the title of the information collection. E-mail address: infocollection@acf.hhs.gov. OMB Comment: OMB is required to make a decision concerning the collection of information between 30 and 60 days after publication of this document in the Federal Register. Therefore, a comment is best assured of having its full effect if OMB receives it within 30 days of publication. Written comments and recommendations for the proposed information collection should be sent directly to the following: Office of Management and Budget, Paperwork VerDate Mar<15>2010 18:47 Apr 01, 2011 Jkt 223001 4,595 4,595 4,595 4,595 4,595 4,595 4,595 4,595 Reduction Project, Fax: 202–395–7285, E-mail: OIRA_SUBMISSION@OMB.EOP.GOV, Attn: Desk Officer for the Administration for Children and Families. Dated: March 29, 2011. Robert Sargis, Reports Clearance Officer. [FR Doc. 2011–7823 Filed 4–1–11; 8:45 am] BILLING CODE 4184–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2010–N–0474] Maja S. Ruetschi: Debarment Order AGENCY: Food and Drug Administration, HHS. ACTION: Notice. Frm 00047 Fmt 4703 1 1 1 1 1 1 1 1 Sfmt 4703 Average burden hours per response 0.25 0.25 1 0.25 0.25 0.25 1 0.25 Total burden hours 1,148.75 1,148.75 4,595 1,148.75 1,148.75 4,595 1,148.75 order under the Federal Food, Drug, and Cosmetic Act (the FD&C Act) debarring Maja S. Ruetschi, MD for 5 years from providing services in any capacity to a person that has an approved or pending drug product application. FDA bases this order on findings that Dr. Ruetschi was convicted of a misdemeanor under Federal law for conduct relating to the regulation of a drug product under the FD&C Act and that the type of conduct underlying the conviction undermines the process for the regulation of drugs. Dr. Ruetschi was given notice of the proposed debarment and an opportunity to request a hearing within the timeframe prescribed by regulation. Dr. Ruetschi failed to respond. Dr. Ruetschi’s failure to respond constitutes a waiver of her right to a hearing concerning this action. DATES: This order is effective April 4, 2011. Submit applications for termination of debarment to the Division of Dockets Management (HFA– ADDRESSES: The Food and Drug Administration (FDA) is issuing an SUMMARY: PO 00000 Number of responses per respondent E:\FR\FM\04APN1.SGM 04APN1 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Notices 305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. FOR FURTHER INFORMATION CONTACT: Kenny Shade, Division of Compliance Policy (HFC–230), Office of Enforcement, Office of Regulatory Affairs, Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301–796–4640. SUPPLEMENTARY INFORMATION: Emcdonald on DSK2BSOYB1PROD with NOTICES I. Background Section 306(b)(2)(B)(i)(I) of the FD&C Act (21 U.S.C. 335a(b)(2)(B)(i)(I)) permits FDA to debar an individual if it finds that the individual has been convicted of a misdemeanor under Federal law for conduct relating to the regulation of drug products under the FD&C Act, and if FDA finds that the type of conduct that served as the basis for the conviction undermines the process for the regulation of drugs. On June 18, 2008, Dr. Ruetschi pleaded guilty to a misdemeanor offense of receipt and delivery of a misbranded drug in interstate commerce in violation of 21 U.S.C. 331(c), 333(a)(1), and 352(f). On July 2, 2008, the U.S. District Court for the Central District of California entered judgment against Dr. Ruetschi for receipt in interstate commerce of misbranded drug and delivery thereof. FDA’s finding that debarment is appropriate is based on the misdemeanor conviction referenced herein. The factual basis for the conviction is as follows: Dr. Ruetschi was a licensed medical doctor in the State of California and maintained an office in Palm Desert, CA. Beginning on or about January 20, 2004, and continuing until on or about October 20, 2004, Dr. Ruetschi began ordering from Toxin International, Inc., (TRI) an unapproved drug product represented to be a Botulinum Toxin Type A product (TRI-toxin). Specifically, Dr. Ruetschi placed 11 orders for a total of 11 vials of TRI-toxin, which was shipped in interstate commerce from Tucson, AZ to her office in Palm Desert, CA. Dr. Ruetschi subsequently administered the TRI-toxin to her patients for the treatment of facial wrinkles. The TRItoxin bore warnings that it was not for human use and did not bear any directions for human use, and was misbranded under 21 U.S.C. 352(f) in that it lacked adequate directions for use. As a result of her convictions, on January 5, 2011, FDA sent Dr. Ruetschi a notice by certified mail proposing to debar her for 5 years from providing services in any capacity to a person that has an approved or pending drug VerDate Mar<15>2010 18:47 Apr 01, 2011 Jkt 223001 product application. The proposal was based on a finding, under section 306(b)(2)(B)(i)(I) of the FD&C Act (21 U.S.C. 335a(b)(2)(B)(i)(I)), that Dr. Ruetschi was convicted of a misdemeanor under Federal law for conduct relating to the regulation of drug products under the FD&C Act, and the conduct that served as a basis for the conviction undermines the process for the regulation of drugs. The proposal also offered Dr. Ruetschi an opportunity to request a hearing, providing her 30 days from the date of receipt of the letter in which to file the request, and advised her that failure to request a hearing constituted a waiver of the opportunity for a hearing and of any contentions concerning this action. Dr. Ruetschi failed to respond within the timeframe prescribed by regulation and has, therefore, waived her opportunity for a hearing and waived any contentions concerning her debarment (21 CFR part 12). II. Findings and Order Therefore, the Director, Office of Enforcement, Office of Regulatory Affairs, under section 306(b)(2)(B)(i)(I) of the FD&C Act under authority delegated to him (Staff Manual Guide 1410.35), finds that Maja S. Ruetschi has been convicted of a misdemeanor under Federal law for conduct relating to the regulation of a drug product under the FD&C Act, and that the type of conduct that served as a basis for the conviction undermines the process for the regulation of drugs. As a result of the foregoing finding, Dr. Ruetschi is debarred for 5 years from providing services in any capacity to a person with an approved or pending drug product application under sections 505, 512, or 802 of the FD&C Act (21 U.S.C. 355, 360b, or 382), or under section 351 of the Public Health Service Act (42 U.S.C. 262), effective (see DATES), (see sections 306(c)(1)(B), (c)(2)(A)(iii), and 201(dd) of the FD&C Act (21 U.S.C. 321(dd))). Any person with an approved or pending drug product application who knowingly employs or retains as a consultant or contractor, or otherwise uses the services of Dr. Ruetschi, in any capacity during Dr. Ruetschi’s debarment, will be subject to civil money penalties (section 307(a)(6) of the FD&C Act (21 U.S.C. 335b(a)(6))). If Dr. Ruetschi provides services in any capacity to a person with an approved or pending drug product application during her period of debarment she will be subject to civil money penalties (section 307(a)(7) of the FD&C Act). In addition, FDA will not accept or review any abbreviated new drug applications submitted by or with PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 18557 the assistance of Dr. Ruetschi during her period of debarment (section 306(c)(1)(B) of the FD&C Act). Any application by Dr. Ruetschi for termination of debarment under section 306(d)(1) of the FD&C Act should be identified with Docket No. FDA–2010– N–0474 and sent to the Division of Dockets Management (see ADDRESSES). All such submissions are to be filed in four copies. The public availability of information in these submissions is governed by 21 CFR 10.20(j). Publicly available submissions may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. Dated: March 23, 2011. Howard Sklamberg, Director, Office of Enforcement, Office of Regulatory Affairs. [FR Doc. 2011–7782 Filed 4–1–11; 8:45 am] BILLING CODE 4160–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2010–N–0476] Marilyn A. Mehlmauer: Debarment Order AGENCY: Food and Drug Administration, HHS. ACTION: Notice. The Food and Drug Administration (FDA) is issuing an order under the Federal Food, Drug, and Cosmetic Act (the FD&C Act) debarring Marilyn Mehlmauer, MD for 4 years from providing services in any capacity to a person that has an approved or pending drug product application. FDA bases this order on findings that Dr. Mehlmauer was convicted of a misdemeanor under Federal Law for conduct relating to the regulation of a drug product under the FD&C Act and that the type of conduct underlying the conviction undermines the process for the regulation of drugs. Dr. Mehlmauer was given notice of the proposed debarment and an opportunity to request a hearing within the timeframe prescribed by regulation. Dr. Mehlmauer failed to respond. Dr. Mehlmauer’s failure to respond constitutes a waiver of her right to a hearing concerning this action. DATES: This order is effective April 4, 2011. SUMMARY: Submit applications for termination of debarment to the Division of Dockets Management (HFA– 305), Food and Drug Administration, ADDRESSES: E:\FR\FM\04APN1.SGM 04APN1

Agencies

[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Notices]
[Pages 18556-18557]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7782]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0474]


Maja S. Ruetschi: Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is issuing an order 
under the Federal Food, Drug, and Cosmetic Act (the FD&C Act) debarring 
Maja S. Ruetschi, MD for 5 years from providing services in any 
capacity to a person that has an approved or pending drug product 
application. FDA bases this order on findings that Dr. Ruetschi was 
convicted of a misdemeanor under Federal law for conduct relating to 
the regulation of a drug product under the FD&C Act and that the type 
of conduct underlying the conviction undermines the process for the 
regulation of drugs. Dr. Ruetschi was given notice of the proposed 
debarment and an opportunity to request a hearing within the timeframe 
prescribed by regulation. Dr. Ruetschi failed to respond. Dr. 
Ruetschi's failure to respond constitutes a waiver of her right to a 
hearing concerning this action.

DATES: This order is effective April 4, 2011.

ADDRESSES: Submit applications for termination of debarment to the 
Division of Dockets Management (HFA-

[[Page 18557]]

305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, 
Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Kenny Shade, Division of Compliance 
Policy (HFC-230), Office of Enforcement, Office of Regulatory Affairs, 
Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 
301-796-4640.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(b)(2)(B)(i)(I) of the FD&C Act (21 U.S.C. 
335a(b)(2)(B)(i)(I)) permits FDA to debar an individual if it finds 
that the individual has been convicted of a misdemeanor under Federal 
law for conduct relating to the regulation of drug products under the 
FD&C Act, and if FDA finds that the type of conduct that served as the 
basis for the conviction undermines the process for the regulation of 
drugs.
    On June 18, 2008, Dr. Ruetschi pleaded guilty to a misdemeanor 
offense of receipt and delivery of a misbranded drug in interstate 
commerce in violation of 21 U.S.C. 331(c), 333(a)(1), and 352(f). On 
July 2, 2008, the U.S. District Court for the Central District of 
California entered judgment against Dr. Ruetschi for receipt in 
interstate commerce of misbranded drug and delivery thereof.
    FDA's finding that debarment is appropriate is based on the 
misdemeanor conviction referenced herein. The factual basis for the 
conviction is as follows: Dr. Ruetschi was a licensed medical doctor in 
the State of California and maintained an office in Palm Desert, CA. 
Beginning on or about January 20, 2004, and continuing until on or 
about October 20, 2004, Dr. Ruetschi began ordering from Toxin 
International, Inc., (TRI) an unapproved drug product represented to be 
a Botulinum Toxin Type A product (TRI-toxin). Specifically, Dr. 
Ruetschi placed 11 orders for a total of 11 vials of TRI-toxin, which 
was shipped in interstate commerce from Tucson, AZ to her office in 
Palm Desert, CA. Dr. Ruetschi subsequently administered the TRI-toxin 
to her patients for the treatment of facial wrinkles. The TRI-toxin 
bore warnings that it was not for human use and did not bear any 
directions for human use, and was misbranded under 21 U.S.C. 352(f) in 
that it lacked adequate directions for use.
    As a result of her convictions, on January 5, 2011, FDA sent Dr. 
Ruetschi a notice by certified mail proposing to debar her for 5 years 
from providing services in any capacity to a person that has an 
approved or pending drug product application. The proposal was based on 
a finding, under section 306(b)(2)(B)(i)(I) of the FD&C Act (21 U.S.C. 
335a(b)(2)(B)(i)(I)), that Dr. Ruetschi was convicted of a misdemeanor 
under Federal law for conduct relating to the regulation of drug 
products under the FD&C Act, and the conduct that served as a basis for 
the conviction undermines the process for the regulation of drugs. The 
proposal also offered Dr. Ruetschi an opportunity to request a hearing, 
providing her 30 days from the date of receipt of the letter in which 
to file the request, and advised her that failure to request a hearing 
constituted a waiver of the opportunity for a hearing and of any 
contentions concerning this action. Dr. Ruetschi failed to respond 
within the timeframe prescribed by regulation and has, therefore, 
waived her opportunity for a hearing and waived any contentions 
concerning her debarment (21 CFR part 12).

II. Findings and Order

    Therefore, the Director, Office of Enforcement, Office of 
Regulatory Affairs, under section 306(b)(2)(B)(i)(I) of the FD&C Act 
under authority delegated to him (Staff Manual Guide 1410.35), finds 
that Maja S. Ruetschi has been convicted of a misdemeanor under Federal 
law for conduct relating to the regulation of a drug product under the 
FD&C Act, and that the type of conduct that served as a basis for the 
conviction undermines the process for the regulation of drugs.
    As a result of the foregoing finding, Dr. Ruetschi is debarred for 
5 years from providing services in any capacity to a person with an 
approved or pending drug product application under sections 505, 512, 
or 802 of the FD&C Act (21 U.S.C. 355, 360b, or 382), or under section 
351 of the Public Health Service Act (42 U.S.C. 262), effective (see 
DATES), (see sections 306(c)(1)(B), (c)(2)(A)(iii), and 201(dd) of the 
FD&C Act (21 U.S.C. 321(dd))). Any person with an approved or pending 
drug product application who knowingly employs or retains as a 
consultant or contractor, or otherwise uses the services of Dr. 
Ruetschi, in any capacity during Dr. Ruetschi's debarment, will be 
subject to civil money penalties (section 307(a)(6) of the FD&C Act (21 
U.S.C. 335b(a)(6))). If Dr. Ruetschi provides services in any capacity 
to a person with an approved or pending drug product application during 
her period of debarment she will be subject to civil money penalties 
(section 307(a)(7) of the FD&C Act). In addition, FDA will not accept 
or review any abbreviated new drug applications submitted by or with 
the assistance of Dr. Ruetschi during her period of debarment (section 
306(c)(1)(B) of the FD&C Act).
    Any application by Dr. Ruetschi for termination of debarment under 
section 306(d)(1) of the FD&C Act should be identified with Docket No. 
FDA-2010-N-0474 and sent to the Division of Dockets Management (see 
ADDRESSES). All such submissions are to be filed in four copies. The 
public availability of information in these submissions is governed by 
21 CFR 10.20(j).
    Publicly available submissions may be seen in the Division of 
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: March 23, 2011.
Howard Sklamberg,
Director, Office of Enforcement, Office of Regulatory Affairs.
[FR Doc. 2011-7782 Filed 4-1-11; 8:45 am]
BILLING CODE 4160-01-P
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