NIJ Evaluation of Hand-Held Cell Phone Detector Devices, 27441-27442 [2013-11049]
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Federal Register / Vol. 78, No. 91 / Friday, May 10, 2013 / Notices
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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
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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
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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:
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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
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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 https://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
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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
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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]
-----------------------------------------------------------------------
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