NIJ Evaluation of Hand-Held Cell Phone Detector Devices, 27441-27442 [2013-11049]

Download as PDF Federal Register / Vol. 78, No. 91 / Friday, May 10, 2013 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES indicated, and evaluate the patient’s progress toward treatment objectives.’’ LA. ADMIN. CODE tit. 46, § 6921(B)(1). Ms. Landry’s chart failed to disclose any treatment objectives, and thus, her progress towards meeting those objectives was also lacking. Louisiana law also requires a physician to ‘‘document in the patient’s medical record the medical necessity for the use of more than one type or schedule of controlled substance employed in the management of a patient’s noncancer-related chronic or intractable pain.’’ Id. at (B)(5). The Respondent violated this provision when he added Xanax to Ms. Landry’s prescriptions without documenting the medical necessity for this anti-anxiety medication. Lastly, Louisiana case law establishes that it is a violation of the legitimate medical purpose provision when a physician provides a patient with controlled substances based upon their request for the drug. See Louisiana v. Moody, 393 So. 2d 1212, 1215 (La. 1981). Both Mr. Harris and Ms. Landry specifically requested hydrocodone products, and the Respondent provided them with a prescription for this requested controlled substance. Further, given the statements by both Mr. Harris and Ms. Landry that they were not experiencing any pain, the Respondent violated this provision when he prescribed Lorcet or Lortab for their non-existent pain. Accordingly, I find that the Government has made a prima facie case regarding the failure of the Respondent to prescribe controlled substances for a legitimate medical purpose in the usual course of professional practice.15 4. Respondent’s Remorse and Corrective Action The critical consideration in this proceeding is whether the circumstances, which existed at the time of the surrender of his registration in 2008, have changed sufficiently to support a conclusion that Respondent’s registration would be in the public interest. Ellis Turk, M.D., 62 Fed. Reg. 19,603, 19,604 (DEA 1997). As this Agency has repeatedly held, a proceeding under the Act ‘‘is a remedial measure, based upon the public interest and the necessity to protect the public from those individuals who have misused. . . their DEA Certificate of 15 Given the overwhelming evidence of the Respondent’s failure to issue controlled substances for a legitimate medical purpose, I do not address the Government’s allegations that the Respondent’s flirtatious behavior with Ms. Landry was outside the usual course of professional practice. VerDate Mar<15>2010 18:05 May 09, 2013 Jkt 229001 Registration, and who have not presented sufficient mitigating evidence to assure the Administrator that they can be entrusted with the responsibility carried by such a registration.’’ Jon Karl Dively, D.D.S., 72 Fed. Reg. 74,332, 74,334 (DEA 2007). At the hearing, the Respondent acknowledged that he should have refused to provide Mr. Harris with the Lortab prescription he requested without prior records or validating tests. He credibly testified that he agreed that providing Mr. Harris with a prescription for hydrocodone was not for a legitimate medical purpose. Nevertheless, I remain concerned about the Respondent’s insistence at the hearing that Mr. Harris had told him that he had back pain. My review of the undercover recording does not substantiate his assertion, and Mr. Harris credibly testified that he had not told the Respondent that he had any pain. To his credit, however, when Mr. Harris returned to his office, the Respondent refused to treat him. Likewise, at the hearing the Respondent admitted that he had not prescribed controlled substances to Ms. Landry for a legitimate medical purpose. Although Ms. Landry asserted that she needed a refill of her controlled substance prescription, the Respondent took no action to verify that her original controlled substance prescription had been provided for a legitimate medical purpose. To his credit, at the first visit Ms. Landry had requested a prescription for her sister, and the Respondent refused to provide her with such a prescription. But despite Ms. Landry’s credible testimony denying that she had told the Respondent that she had any type of pain, the Respondent testified that he thought, at the time he wrote the prescriptions, that he was right in his prescribing to her. The Respondent’s lack of forthrightness is troubling. Lastly, the Respondent was cooperative with the investigators. He also took remedial training in the handling of controlled substances, and he credibly testified that he is more knowledgeable about drug-seeking behavior. V. Conclusion and Recommendation In balance, however, I find that the Respondent’s current lack of candor, his material falsification of his DEA applications, and his illegal prescribing of controlled substances in 2008 outweigh his assertions that he can now responsibly handle controlled substance prescriptions. Accordingly, I recommend that the Respondent’s current application be denied. Should the Respondent file an application wherein he fully discloses the surrender PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 27441 of his DEA registration for cause and the suspension of his Louisiana controlled substance license, then such candor may be favorably considered. Dated: May 10, 2012. Gail A. Randall, Administrative Law Judge. [FR Doc. 2013–11185 Filed 5–9–13; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE Office of Justice Programs [OJP (NIJ) Docket No. 1622] NIJ Evaluation of Hand-Held Cell Phone Detector Devices National Institute of Justice, Department of Justice. ACTION: Notice. AGENCY: The National Institute of Justice (NIJ) is soliciting interest in supplying hand-held cell phone detector devices for participation in an evaluation by the NIJ Corrections Technology Center of Excellence (CXCoE). SUMMARY: NIJ is soliciting interest in supplying handheld cell phone detector devices for participation in an evaluation by the NIJ Corrections Technology Center of Excellence (CXCoE). The evaluation is focused on field operation in correctional facility scenarios. Supplied hand-held cell phone detectors must: • Weigh less than 8 lbs, • Be battery operated with a minimum run time of 2 hours, • Be designed for single person operation, and • Operate using Radio Frequency (RF) and/or Non-Linear Junction Detection (NLJD) technology Manufacturers interested in participating in this evaluation will be asked to execute a Letter of Understanding. Participating manufacturers will receive a copy of the CXCoE Test & Evaluation Plan. Interested parties are invited to contact NIJ for information regarding participation, Letters of Understanding, and shipping. Letters of Understanding may be obtained from and should be submitted to Jack flame, National Institute of Justice, Office of Science and Technology, 810 7th Street NW., Washington, DC 20531, emailed to jack.harne@usdoj.gov, or faxed to (202) 305–9907. DATES: Manufacturers who wish to participate in the program must submit a request and an executed Letter of Understanding by 5 p.m. Eastern Time SUPPLEMENTARY INFORMATION: E:\FR\FM\10MYN1.SGM 10MYN1 27442 Federal Register / Vol. 78, No. 91 / Friday, May 10, 2013 / Notices on June 24, 2013. Supplied devices are to be loaned to the CXCoE for a period of time no less than 90 days and must be received by the CXCoE by July 1, 2013. Jack Harne, by telephone at (202) 616–2911 [Note: this is not a toll-free telephone number], or by email at jack.harne@ usdoj.gov. FOR FURTHER INFORMATION CONTACT: Greg Ridgeway, Acting Director, Deputy Director, National Institute of Justice. [FR Doc. 2013–11049 Filed 5–9–13; 8:45 am] DEPARTMENT OF LABOR Mine Safety and Health Administration Coal Mine Dust Sampling Devices; Correction Mine Safety and Health Administration, Labor. AGENCY: Notice; correction. On April 30, 2013, Mine Safety and Health Administration (MSHA) published a notice in the Federal Register, docket number [MSHA–2013–0008], announcing the proposed extension of a currently approved information collection involving Continuous Personal Dust Monitors (CPDMs). In the ADDRESSES section of the notice MSHA incorrectly listed the OMB number as 1219–0001. This notice corrects that error and clarifies that comments concerning the information collection requirements of this notice must be clearly identified with ‘‘OMB 1219–0147’’ and sent to the MSHA. SUMMARY: FOR FURTHER INFORMATION CONTACT: Sheila McConnell, Deputy Director, Office of Standards, Regulations, and Variances, MSHA, at McConnell.Sheila.A@dol.gov (email); 202–693–9440 (voice); or 202–693–9441 (facsimile). mstockstill on DSK4VPTVN1PROD with NOTICES Authority: 44 U.S.C. 3506(c)(2)(A). Dated: May 6th, 2013. George F. Triebsch, Certifying Officer. [FR Doc. 2013–11129 Filed 5–9–13; 8:45 am] BILLING CODE 4510–43–P VerDate Mar<15>2010 18:05 May 09, 2013 Advisory Committee on Reactor Safeguards (ACRS), Meeting of the ACRS Subcommittee on Plant License Renewal; Notice of Meeting The ACRS Subcommittee on Plant License Renewal will hold a meeting on May 22, 2013, Room T–2B1, 11545 Rockville Pike, Rockville, Maryland. The entire meeting will be open to public attendance. The agenda for the subject meeting shall be as follows: Thursday, May 22, 2013—1:30 p.m. Until 5:00 p.m. BILLING CODE 4410–18–M ACTION: NUCLEAR REGULATORY COMMISSION Jkt 229001 The Subcommittee will review and discuss the license renewal application and the associated draft Safety Evaluation (SER) with open items for the Callaway Plant, Unit 1. The Subcommittee will hear presentations by and hold discussions with the NRC staff, Ameren Missouri, and other interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the Full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official (DFO), Kent Howard (Telephone 301–415–2989 or Email: Kent.Howard@nrc.gov) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Thirty-five hard copies of each presentation or handout should be provided to the DFO thirty minutes before the meeting. In addition, one electronic copy of each presentation should be emailed to the DFO one day before the meeting. If an electronic copy cannot be provided within this timeframe, presenters should provide the DFO with a CD containing each presentation at least thirty minutes before the meeting. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Detailed procedures for the conduct of and participation in ACRS meetings were published in the Federal Register on October 18, 2012, (77 FR 64146–64147). Detailed meeting agendas and meeting transcripts are available on the NRC Web site at http://www.nrc.gov/readingrm/doc-collections/acrs. Information regarding topics to be discussed, changes to the agenda, whether the meeting has been canceled or rescheduled, and the time allotted to present oral statements can be obtained PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 from the Web site cited above or by contacting the identified DFO. Moreover, in view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with these references if such rescheduling would result in a major inconvenience. If attending this meeting, please enter through the One White Flint North building, 11555 Rockville Pike, Rockville, MD. After registering with security, please contact Mr. Theron Brown (Telephone 240–888–9835) to be escorted to the meeting room. Dated: May 6, 2013. Antonio Dias, Technical Advisor, Advisory Committee on Reactor Safeguards. [FR Doc. 2013–11170 Filed 5–9–13; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards (ACRS); Meeting of the ACRS Subcommittee on Fukushima; Notice of Meeting The ACRS Subcommittee on Fukushima will hold a meeting on May 23, Room T–2B1, 11545 Rockville Pike, Rockville, Maryland. The entire meeting will be open to public attendance. The agenda for the subject meeting shall be as follows: Thursday, May 23, 2013—8:30 a.m. Until 12:00 p.m. The Subcommittee will review and discuss the development of a notation vote paper with possible options for addressing the Near Term Task Force (NTTF) Recommendation 1: Enhanced Regulatory Framework. The Subcommittee will hear presentations by and hold discussions with the NRC staff, the Nuclear Energy Institute, and other interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the Full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official (DFO), Hossein Nourbakhsh (Telephone 301–415–5622 or Email: Hossein.Nourbakhsh@nrc.gov) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Thirty-five hard copies of each presentation or E:\FR\FM\10MYN1.SGM 10MYN1

Agencies

[Federal Register Volume 78, Number 91 (Friday, May 10, 2013)]
[Notices]
[Pages 27441-27442]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11049]


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DEPARTMENT OF JUSTICE

Office of Justice Programs

[OJP (NIJ) Docket No. 1622]


NIJ Evaluation of Hand-Held Cell Phone Detector Devices

AGENCY: National Institute of Justice, Department of Justice.

ACTION: Notice.

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

SUMMARY: The National Institute of Justice (NIJ) is soliciting interest 
in supplying hand-held cell phone detector devices for participation in 
an evaluation by the NIJ Corrections Technology Center of Excellence 
(CXCoE).

SUPPLEMENTARY INFORMATION: NIJ is soliciting interest in supplying 
hand-held cell phone detector devices for participation in an 
evaluation by the NIJ Corrections Technology Center of Excellence 
(CXCoE). The evaluation is focused on field operation in correctional 
facility scenarios. Supplied hand-held cell phone detectors must:
     Weigh less than 8 lbs,
     Be battery operated with a minimum run time of 2 hours,
     Be designed for single person operation, and
     Operate using Radio Frequency (RF) and/or Non-Linear 
Junction Detection (NLJD) technology
    Manufacturers interested in participating in this evaluation will 
be asked to execute a Letter of Understanding. Participating 
manufacturers will receive a copy of the CXCoE Test & Evaluation Plan. 
Interested parties are invited to contact NIJ for information regarding 
participation, Letters of Understanding, and shipping. Letters of 
Understanding may be obtained from and should be submitted to Jack 
flame, National Institute of Justice, Office of Science and Technology, 
810 7th Street NW., Washington, DC 20531, emailed to 
jack.harne@usdoj.gov, or faxed to (202) 305-9907.

DATES: Manufacturers who wish to participate in the program must submit 
a request and an executed Letter of Understanding by 5 p.m. Eastern 
Time

[[Page 27442]]

on June 24, 2013. Supplied devices are to be loaned to the CXCoE for a 
period of time no less than 90 days and must be received by the CXCoE 
by July 1, 2013.

FOR FURTHER INFORMATION CONTACT: Jack Harne, by telephone at (202) 616-
2911 [Note: this is not a toll-free telephone number], or by email at 
jack.harne@usdoj.gov.

Greg Ridgeway,
Acting Director, Deputy Director, National Institute of Justice.
[FR Doc. 2013-11049 Filed 5-9-13; 8:45 am]
BILLING CODE 4410-18-M