Devra Hamilton, N.P.; Decision and Order, 50034-50035 [2015-20348]

Download as PDF 50034 Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Notices Order As evidenced by the signed return receipt card, on December 1, 2014, Respondent was served with the Show Cause Order. GX 2. On January 6, 2015, Respondent filed a letter (dated Jan. 2, 2015) which presented her position on the issues involved in the Nursing Board’s proceeding. GX 3. Respondent did not, however, dispute that DEA ‘‘must revoke’’ her registration. Id. Nor did she request a hearing on the allegations of the Show Cause Order. Id. As explained above, under 21 CFR 1301.43(c), ‘‘[a]ny person entitled to a hearing . . . may, within the period permitted for filing a request for a hearing or a notice of appearance, file with the Administrator a waiver of an opportunity for a hearing . . . together with a written statement regarding such person’s position on the matters of fact and law involved in such hearing.’’ However, DEA regulations require that the written statement be filed ‘‘within 30 days after the date of receipt of the’’ Show Cause Order, 21 CFR 1301.43(a), and specify that documents ‘‘shall be dated and deemed filed upon receipt by the Hearing Clerk.’’ Id. § 1316.45. Thus, I find that Respondent’s letter was untimely and do not consider it. I further find that Respondent has waived her right to a hearing. Thereafter, on January 28, 2015, the Government submitted a Request for Final Agency Action with accompanying documentation, including the Nursing Board’s Order suspending her APN license and a printout from the Nevada State Board of Pharmacy showing the status of her state controlled substance license. I make the following findings of fact. Pursuant to the authority vested in me by 21 U.S.C. 824(a), as well as 28 CFR 0.100(b), I order that the Order to Show Cause issued to Jeffrey S. Holverson, M.D., be, and it hereby is, dismissed. This Order is effective immediately. Dated: August 10, 2015. Chuck Rosenberg, Acting Administrator. [FR Doc. 2015–20346 Filed 8–17–15; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE Drug Enforcement Administration asabaliauskas on DSK5VPTVN1PROD with NOTICES Devra Hamilton, N.P.; Decision and Order On November 24, 2014, the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration (DEA), issued an Order to Show Cause to Devra Hamilton, N.P. (hereinafter, Respondent), of Las Vegas, Nevada. GX 1. The Show Cause Order proposed the revocation of Respondent’s Certificate of Registration MH2194176, on the ground that she does not currently possess authority to handle controlled substances in Nevada, the State in which she is registered with the Agency. Id. at 1–2 (citing 21 U.S.C. 824(a)(3)). The Show Cause Order specifically alleged that on January 16, 2014, the Nevada State Board of Nursing suspended Respondent’s license as an Advance Practitioner of Nursing (APN), after she admitted that the Board had ‘‘sufficient evidence to prove that [she] prescribed large amounts of unit doses of controlled substances between January 1, 2012 and December 31, 2012, that [she] failed to adequately assess patients prior to prescribing controlled substances, and that [she] documented inaccurate and contradictory information in medical records.’’ Id. at 1 (citations omitted). The Show Cause Order further alleged that in March 2014, the Nevada State Board of Pharmacy revoked her license to prescribe controlled substances based on the Nursing Board’s suspension of her APN license. Id. The Order thus alleged that Respondent is ‘‘currently without authority to handle controlled substances’’ in the State in which she is registered, and that her registration is therefore subject to revocation.1 Id. at 2. 1 The Show Cause Order also notified Respondent of her right to request a hearing on the allegations or to submit a written statement in lieu of a hearing, the procedure for electing either option, and the VerDate Sep<11>2014 17:02 Aug 17, 2015 Jkt 235001 Findings Pursuant to 5 U.S.C. 556(e), I take official notice of Respondent’s registration record with the Agency. According to that record, Respondent is currently registered as a mid-level practitioner, with authority to dispense controlled substances in schedules II through V, at the address of 9010 W. Cheyenne, Las Vegas, NV 89129. Respondent’s registration does not expire under October 31, 2016. On January 8, 2014, Respondent entered into an ‘‘Agreement for Probation and Suspension of [her] Advanced Practitioner of Nursing Certificate’’; on January 16, 2014, the Board approved the agreement. Therein, Respondent denied the allegations raised by the Board, but admitted that ‘‘the Board ha[d] sufficient evidence to prove that she prescribed large amounts consequence of failing to elect either option. Id. at 2 (citing 21 CFR 1301.43). PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 of unit doses of controlled substances between January 1, 2012 and December 31, 2012, that she failed to adequately assess patients prior to prescribing controlled substances, and that she documented inaccurate and contradictory information in medical records.’’ GX 4, at 1. Respondent further agreed to the Board’s issuance of a decision and order which suspended her Advanced Practitioner of Nursing Certificate ‘‘for a minimum of one year.’’ Id. at 3. According to the online records of the Board, Respondent’s Advanced Practitioner of Nursing Certificate either expired on January 16, 2014 or remains suspended as of this date. So too, her Board of Pharmacy license remains suspended as of this date. Discussion The Controlled Substances Act (CSA) grants the Attorney General authority to revoke a registration ‘‘upon a finding that the registrant . . . has had [her] State license or registration suspended [or] revoked . . . and is no longer authorized by State law to engage in the . . . distribution [or] dispensing of controlled substances.’’ 21 U.S.C. 824(a)(3). Moreover, DEA has long held that a practitioner must be currently authorized to handle controlled substances in the ‘‘jurisdiction in which [she] practices’’ in order to maintain a DEA registration. See 21 U.S.C. 802(21) (‘‘the term ‘practitioner’ means a physician . . . or other person licensed, registered or otherwise permitted, by . . . the jurisdiction in which [she] practices . . . to distribute, dispense, [or] administer . . . a controlled substance in the course of professional practice.’’); see also id. § 823(f) (‘‘The Attorney General shall register practitioners . . . to dispense . . . if the applicant is authorized to dispense . . . controlled substances under the laws of the State in which [she] practices.’’). As these provisions make plain, possessing authority under state law to dispense controlled substances is an essential condition for holding a DEA registration. See David W. Wang, 72 FR 54297, 54298 (2007); Sheran Arden Yeates, 71 FR 39130, 39131 (2006); Dominick A. Ricci, 58 FR 51104, 51105 (1993); Bobby Watts, 53 FR 11919, 11920 (1988). Here, the evidence shows that both Respondent’s Advance Practitioner of Nursing Certificate and her state Controlled Substance License have been suspended by the Nevada State Board of Nursing and the Nevada State Board of Pharmacy respectively. I therefore hold that Respondent no longer possesses authority under Nevada law to dispense controlled substances and that she is E:\FR\FM\18AUN1.SGM 18AUN1 Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Notices therefore not entitled to maintain her DEA registration. See 21 U.S.C. 802(21), 823(f), and 824(a)(3). Accordingly, I will order that her registration be revoked. Order Pursuant to the authority vested in me by 21 U.S.C. 824(a), as well as 28 CFR 0.100(b), I order that DEA Certificate of Registration MH2194176 issued to Devra A. Hamilton, A.P.N., be, and it hereby is, revoked. I further order that any pending application of Devra A. Hamilton, A.P.N., to renew or modify her registration, be, and it hereby is, denied. This Order is effective September 17, 2015. Administrator of the DEA Office of Diversion Control (‘‘Deputy Assistant Administrator’’) pursuant to section 7 of 28 CFR part 0, appendix to subpart R. In accordance with 21 CFR 1301.33(a), this is notice that on March 30, 2015, IRIX Manufacturing, Inc., 309 Delaware Street, Building 1106, Greenville, South Carolina 29605 applied to be registered as a bulk manufacturer of the following basic classes of controlled substances: Controlled Substance Marihuana (7360) ......................... Tetrahydrocannabinols (7370) ..... Schedule I I The company plans to manufacture the above-listed controlled substances as Active Pharmaceutical Ingredient (API) for clinical trials. Dated: August 10, 2015. Chuck Rosenberg, Acting Administrator. [FR Doc. 2015–20348 Filed 8–17–15; 8:45 am] Dated: August 10, 2015. Joseph T. Rannazzisi, Deputy Assistant Administrator. BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE [FR Doc. 2015–20285 Filed 8–17–15; 8:45 am] BILLING CODE 4410–09–P Drug Enforcement Administration [Docket No. DEA–392] DEPARTMENT OF JUSTICE Bulk Manufacturer of Controlled Substances Application: IRIX Manufacturing, Inc. ACTION: Arthur H. Bell, D.O.; Decision and Order Notice of application. Registered bulk manufacturers of the affected basic classes, and applicants therefore, may file written comments on or objections to the issuance of the proposed registration in accordance with 21 CFR 1301.33(a) on or before October 19, 2015. ADDRESSES: Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/ODXL, 8701 Morrissette Drive, Springfield, Virginia 22152. Request for hearings should be sent to: Drug Enforcement Administration, Attention: Hearing Clerk/LJ, 8701 Morrissette Drive, Springfield, Virginia 22152. SUPPLEMENTARY INFORMATION: The Attorney General has delegated his authority under the Controlled Substances Act to the Administrator of the Drug Enforcement Administration (DEA), 28 CFR 0.100(b). Authority to exercise all necessary functions with respect to the promulgation and implementation of 21 CFR part 1301, incident to the registration of manufacturers, distributors, dispensers, importers, and exporters of controlled substances (other than final orders in connection with suspension, denial, or revocation of registration) has been redelegated to the Deputy Assistant DATES: asabaliauskas on DSK5VPTVN1PROD with NOTICES Drug Enforcement Administration VerDate Sep<11>2014 17:02 Aug 17, 2015 Jkt 235001 On July 15, 2014, the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, issued an Order to Show Cause to Arthur H. Bell, D.O. (Respondent), of Covington, Kentucky. GX 1, at 1. The Show Cause Order proposed the denial of Respondent’s application for a DEA Certificate of Registration as a practitioner on multiple grounds, including that he had materially falsified his application for a registration, as well as that he had committed acts which render his registration inconsistent with the public interest. Id. at 1–2 (citing 21 U.S.C. 823(f) and 824(a)(1)). As for the material falsification allegation, the Show Cause Order alleged that on November 9, 2011, Respondent had voluntarily surrendered his previous DEA Registration. Id. The Order then alleged that on March 14, 2013, Respondent applied for a new DEA registration, but materially falsified the application when he ‘‘answered ‘no’ to question which asked, ‘[h]as the Respondent ever surrendered (for cause) or had a federal controlled substance registration revoked, suspended, restricted or denied, or is any such action pending?’’’ Id. As for the allegations that Respondent had committed acts which render his PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 50035 registration inconsistent with the public interest, the Show Cause Order alleged that Respondent violated federal law by issuing controlled substance prescriptions when he ‘‘no longer possessed a DEA registration.’’ Id. at 2 (citing 21 CFR 1306.03(a)). More specifically, the Order alleged that on May 5, 2012, Respondent had issued a prescription for 60 tablets of Lyrica 75 mg, a schedule V controlled substance, and on September 12, 2012, Respondent had issued a prescription for Zutripro 120 ml, a schedule III controlled substance. Id. The Show Cause Order also alleged that from July 11, 2011 through November 4, 2011, Respondent ‘‘dispensed controlled substances on behalf of Care Plus Medical Group (CPMG), a purported pain management clinic formerly located in Creve Coeur, Missouri, [which] was owned by Scott Whitney.’’ Id. The Order alleged that prior to beginning his employment with CPMG, Respondent arranged with Whitney to order schedule II controlled substances under his previous registration and that ‘‘[t]o that end, . . . Whitney sent 20 DEA 222 forms to [Respondent’s] residence, and asked that [he] pre-sign them so that controlled substances could be ordered on behalf of CPMG.’’ Id. The Order then alleged that Respondent ‘‘pre-signed the forms, dated them . . . and mailed them to . . . Whitney . . . [who] then used one . . . to place orders for oxycodone 30 mg and oxycodone 10/325 mg.’’ Id. The Order alleged that this violated federal law because it ‘‘authoriz[ed] . . . Whitney to place an order for controlled substances under [Respondent’s] previous . . . registration without executing a power of attorney for . . . Whitney.’’ Id. (citing 21 CFR 1303.05(a)). Next, the Show Cause Order alleged that on October 28, 2013, Respondent falsified his application for his Ohio medical license, when he failed to disclose that he had previously surrendered his DEA registration. Id. at 1–2. The Order further alleged that this ‘‘conduct evidences a lack of candor to Ohio licensing authorities.’’ Id. (citing 21 U.S.C. 823(f)(5)). Finally, the Show Cause Order notified Respondent of his right to request a hearing on the allegations or to submit a written statement in lieu of a hearing, the procedure for electing either option, and the consequence of failing to elect either option. Id. at 2–3 (citing 21 CFR 1301.43). The Government also included with the Order a sample Request for Hearing form. Id. at 4. E:\FR\FM\18AUN1.SGM 18AUN1

Agencies

[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Notices]
[Pages 50034-50035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20348]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Devra Hamilton, N.P.; Decision and Order

    On November 24, 2014, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Devra Hamilton, N.P. (hereinafter, Respondent), 
of Las Vegas, Nevada. GX 1. The Show Cause Order proposed the 
revocation of Respondent's Certificate of Registration MH2194176, on 
the ground that she does not currently possess authority to handle 
controlled substances in Nevada, the State in which she is registered 
with the Agency. Id. at 1-2 (citing 21 U.S.C. 824(a)(3)).
    The Show Cause Order specifically alleged that on January 16, 2014, 
the Nevada State Board of Nursing suspended Respondent's license as an 
Advance Practitioner of Nursing (APN), after she admitted that the 
Board had ``sufficient evidence to prove that [she] prescribed large 
amounts of unit doses of controlled substances between January 1, 2012 
and December 31, 2012, that [she] failed to adequately assess patients 
prior to prescribing controlled substances, and that [she] documented 
inaccurate and contradictory information in medical records.'' Id. at 1 
(citations omitted). The Show Cause Order further alleged that in March 
2014, the Nevada State Board of Pharmacy revoked her license to 
prescribe controlled substances based on the Nursing Board's suspension 
of her APN license. Id. The Order thus alleged that Respondent is 
``currently without authority to handle controlled substances'' in the 
State in which she is registered, and that her registration is 
therefore subject to revocation.\1\ Id. at 2.
---------------------------------------------------------------------------

    \1\ The Show Cause Order also notified Respondent of her right 
to request a hearing on the allegations or to submit a written 
statement in lieu of a hearing, the procedure for electing either 
option, and the consequence of failing to elect either option. Id. 
at 2 (citing 21 CFR 1301.43).
---------------------------------------------------------------------------

    As evidenced by the signed return receipt card, on December 1, 
2014, Respondent was served with the Show Cause Order. GX 2. On January 
6, 2015, Respondent filed a letter (dated Jan. 2, 2015) which presented 
her position on the issues involved in the Nursing Board's proceeding. 
GX 3. Respondent did not, however, dispute that DEA ``must revoke'' her 
registration. Id. Nor did she request a hearing on the allegations of 
the Show Cause Order. Id.
    As explained above, under 21 CFR 1301.43(c), ``[a]ny person 
entitled to a hearing . . . may, within the period permitted for filing 
a request for a hearing or a notice of appearance, file with the 
Administrator a waiver of an opportunity for a hearing . . . together 
with a written statement regarding such person's position on the 
matters of fact and law involved in such hearing.'' However, DEA 
regulations require that the written statement be filed ``within 30 
days after the date of receipt of the'' Show Cause Order, 21 CFR 
1301.43(a), and specify that documents ``shall be dated and deemed 
filed upon receipt by the Hearing Clerk.'' Id. Sec.  1316.45. Thus, I 
find that Respondent's letter was untimely and do not consider it. I 
further find that Respondent has waived her right to a hearing.
    Thereafter, on January 28, 2015, the Government submitted a Request 
for Final Agency Action with accompanying documentation, including the 
Nursing Board's Order suspending her APN license and a printout from 
the Nevada State Board of Pharmacy showing the status of her state 
controlled substance license. I make the following findings of fact.

Findings

    Pursuant to 5 U.S.C. 556(e), I take official notice of Respondent's 
registration record with the Agency. According to that record, 
Respondent is currently registered as a mid-level practitioner, with 
authority to dispense controlled substances in schedules II through V, 
at the address of 9010 W. Cheyenne, Las Vegas, NV 89129. Respondent's 
registration does not expire under October 31, 2016.
    On January 8, 2014, Respondent entered into an ``Agreement for 
Probation and Suspension of [her] Advanced Practitioner of Nursing 
Certificate''; on January 16, 2014, the Board approved the agreement. 
Therein, Respondent denied the allegations raised by the Board, but 
admitted that ``the Board ha[d] sufficient evidence to prove that she 
prescribed large amounts of unit doses of controlled substances between 
January 1, 2012 and December 31, 2012, that she failed to adequately 
assess patients prior to prescribing controlled substances, and that 
she documented inaccurate and contradictory information in medical 
records.'' GX 4, at 1. Respondent further agreed to the Board's 
issuance of a decision and order which suspended her Advanced 
Practitioner of Nursing Certificate ``for a minimum of one year.'' Id. 
at 3. According to the online records of the Board, Respondent's 
Advanced Practitioner of Nursing Certificate either expired on January 
16, 2014 or remains suspended as of this date. So too, her Board of 
Pharmacy license remains suspended as of this date.

Discussion

    The Controlled Substances Act (CSA) grants the Attorney General 
authority to revoke a registration ``upon a finding that the registrant 
. . . has had [her] State license or registration suspended [or] 
revoked . . . and is no longer authorized by State law to engage in the 
. . . distribution [or] dispensing of controlled substances.'' 21 
U.S.C. 824(a)(3). Moreover, DEA has long held that a practitioner must 
be currently authorized to handle controlled substances in the 
``jurisdiction in which [she] practices'' in order to maintain a DEA 
registration. See 21 U.S.C. 802(21) (``the term `practitioner' means a 
physician . . . or other person licensed, registered or otherwise 
permitted, by . . . the jurisdiction in which [she] practices . . . to 
distribute, dispense, [or] administer . . . a controlled substance in 
the course of professional practice.''); see also id. Sec.  823(f) 
(``The Attorney General shall register practitioners . . . to dispense 
. . . if the applicant is authorized to dispense . . . controlled 
substances under the laws of the State in which [she] practices.''). As 
these provisions make plain, possessing authority under state law to 
dispense controlled substances is an essential condition for holding a 
DEA registration. See David W. Wang, 72 FR 54297, 54298 (2007); Sheran 
Arden Yeates, 71 FR 39130, 39131 (2006); Dominick A. Ricci, 58 FR 
51104, 51105 (1993); Bobby Watts, 53 FR 11919, 11920 (1988).
    Here, the evidence shows that both Respondent's Advance 
Practitioner of Nursing Certificate and her state Controlled Substance 
License have been suspended by the Nevada State Board of Nursing and 
the Nevada State Board of Pharmacy respectively. I therefore hold that 
Respondent no longer possesses authority under Nevada law to dispense 
controlled substances and that she is

[[Page 50035]]

therefore not entitled to maintain her DEA registration. See 21 U.S.C. 
802(21), 823(f), and 824(a)(3). Accordingly, I will order that her 
registration be revoked.

Order

    Pursuant to the authority vested in me by 21 U.S.C. 824(a), as well 
as 28 CFR 0.100(b), I order that DEA Certificate of Registration 
MH2194176 issued to Devra A. Hamilton, A.P.N., be, and it hereby is, 
revoked. I further order that any pending application of Devra A. 
Hamilton, A.P.N., to renew or modify her registration, be, and it 
hereby is, denied. This Order is effective September 17, 2015.

    Dated: August 10, 2015.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2015-20348 Filed 8-17-15; 8:45 am]
BILLING CODE 4410-09-P