Lee B. Drake, M.D. Decision and Order, 11057-11058 [2017-03222]
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Federal Register / Vol. 82, No. 32 / Friday, February 17, 2017 / Notices
days prior to the hearing date specified
in this notice. Authorized applicants
must represent interested parties, as
defined by 19 U.S.C. 1677(9), who are
parties to the investigations. A party
granted access to BPI in the preliminary
phase of the investigations need not
reapply for such access. A separate
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Secretary for those parties authorized to
receive BPI under the APO.
Staff report.—The prehearing staff
report in the final phase of these
investigations will be placed in the
nonpublic record on April 11, 2017, and
a public version will be issued
thereafter, pursuant to section 207.22 of
the Commission’s rules.
Hearing.—The Commission will hold
a hearing in connection with the final
phase of these investigations beginning
at 9:30 a.m. on Tuesday, April 25, 2017,
at the U.S. International Trade
Commission Building. Requests to
appear at the hearing should be filed in
writing with the Secretary to the
Commission on or before April 19, 2017.
A nonparty who has testimony that may
aid the Commission’s deliberations may
request permission to present a short
statement at the hearing. All parties and
nonparties desiring to appear at the
hearing and make oral presentations
should participate in a prehearing
conference to be held on April 24, 2017,
at the U.S. International Trade
Commission Building, if deemed
necessary. Oral testimony and written
materials to be submitted at the public
hearing are governed by sections
201.6(b)(2), 201.13(f), and 207.24 of the
Commission’s rules. Parties must submit
any request to present a portion of their
hearing testimony in camera no later
than 7 business days prior to the date of
the hearing.
Written submissions.—Each party
who is an interested party shall submit
a prehearing brief to the Commission.
Prehearing briefs must conform with the
provisions of section 207.23 of the
Commission’s rules; the deadline for
filing is April 18, 2017. Parties may also
file written testimony in connection
with their presentation at the hearing, as
provided in section 207.24 of the
Commission’s rules, and posthearing
briefs, which must conform with the
provisions of section 207.25 of the
Commission’s rules. The deadline for
filing posthearing briefs is May 1, 2017.
In addition, any person who has not
entered an appearance as a party to the
investigations may submit a written
statement of information pertinent to
the subject of the investigations,
including statements of support or
opposition to the petition, on or before
May 1, 2017. On May 16, 2017, the
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Commission will make available to
parties all information on which they
have not had an opportunity to
comment. Parties may submit final
comments on this information on or
before May 18, 2017, but such final
comments must not contain new factual
information and must otherwise comply
with section 207.30 of the Commission’s
rules. All written submissions must
conform with the provisions of section
201.8 of the Commission’s rules; any
submissions that contain BPI must also
conform with the requirements of
sections 201.6, 207.3, and 207.7 of the
Commission’s rules. The Commission’s
Handbook on E-Filing, available on the
Commission’s Web site at https://
edis.usitc.gov, elaborates upon the
Commission’s rules with respect to
electronic filing.
Additional written submissions to the
Commission, including requests
pursuant to section 201.12 of the
Commission’s rules, shall not be
accepted unless good cause is shown for
accepting such submissions, or unless
the submission is pursuant to a specific
request by a Commissioner or
Commission staff.
In accordance with sections 201.16(c)
and 207.3 of the Commission’s rules,
each document filed by a party to the
investigations must be served on all
other parties to the investigations (as
identified by either the public or BPI
service list), and a certificate of service
must be timely filed. The Secretary will
not accept a document for filing without
a certificate of service.
Authority: These investigations are being
conducted under authority of title VII of the
Tariff Act of 1930; this notice is published
pursuant to section 207.21 of the
Commission’s rules.
By order of the Commission.
Issued: February 13, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–03150 Filed 2–16–17; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Lee B. Drake, M.D. Decision and Order
On December 5, 2016, the Assistant
Administrator, Diversion Control
Division, Drug Enforcement
Administration (DEA), issued an Order
to Show Cause to Lee B. Drake, M.D.
(Registrant), of Hattiesburg, Mississippi.
The Show Cause Order proposed the
revocation of Registrant’s DEA
Certificate of Registration, on the ground
that he does not hold authority to
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Sfmt 4703
11057
dispense controlled substances in
Mississippi, the State in which he is
registered with the Agency. Show Cause
Order, at 1 (citing 21 U.S.C. 824(a)(3)).
As to the Agency’s jurisdiction, the
Show Cause Order alleged that
Registrant is registered with DEA as a
practitioner with authority to dispense
controlled substances in schedules II
through V under Registration No.
BD3577965, at the registered address of
6524 U.S. Highway 98, Hattiesburg,
Mississippi. Id. The Order also alleged
that Registrant’s registration does not
expire until June 30, 2017. Id.
The Show Cause Order then alleged
that on July 8, 2016, Registrant
surrendered his authority ‘‘to prescribe
and administer controlled substances in
. . . Mississippi’’ and that he is
‘‘without authority to [dispense]
controlled substances in’’ the State. Id.
The Order asserted that as a
consequence of the loss of his state
authority, ‘‘DEA must revoke’’ his
registration. Id. (citing 21 U.S.C.
802(21), 823(f) and 824(a)(3)).
The Show Cause Order notified
Registrant 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 for failing to do
either. Id. at 2 (citing 21 CFR 1301.43).
The Order also notified Registrant of his
right to submit a corrective action plan.
Id. at 2–3 (citing 21 U.S.C. 824(c)(2)(C)).
On December 7, 2016, a Diversion
Investigator (DI) with the DEA Jackson,
Mississippi District Office accomplished
service by hand-delivery of the Show
Cause Order to Registrant. See GX 2, at
2 (DI’s Declaration).
On January 10, 2017, the Government
forwarded to my Office its Request for
Final Agency Action (cited as RFFA)
along with an evidentiary record. In its
Request, the Government represents that
since the date of service of the Show
Cause Order, it ‘‘has not received a
request for hearing or any other reply
from’’ Registrant. RFFA, at 1–2. Based
on the Government’s representation and
the DI’s declaration, I find that more
than 30 days have passed since the date
of service of the Show Cause Order and
that neither Registrant, nor anyone
purporting to represent him, has
requested a hearing or submitted a
written statement while waiving his
right to a hearing. I therefore find that
Registrant has waived his right to a
hearing or to submit a written statement
in lieu of hearing, and issue this
Decision and Order based on relevant
evidence contained in the record
submitted by the Government. 21 CFR
1301.43(d) & (e). I make the following
findings of fact.
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11058
Federal Register / Vol. 82, No. 32 / Friday, February 17, 2017 / Notices
Findings of Fact
Registrant is the holder of DEA
Certificate of Registration No.
BD3577965, pursuant to which he is
authorized to dispense controlled
substances in schedules II through V, as
a practitioner, at the registered address
of Women’s Pavilion of South
Mississippi, 6524 U.S. Highway 98,
Hattiesburg, Mississippi. GX 1
(Certificate of Registration). His
registration does not expire until June
30, 2017. Id.
On July 8, 2016, Registrant voluntarily
surrendered his medical license to the
Mississippi State Board of Medical
Licensure (Medical Board), stating in a
letter to the Board’s President that he
was relinquishing his right to practice
medicine. GX 3, at 2. On July 13, 2016,
the Medical Board issued a
memorandum to various governmental
and private entities informing them that
Registrant had voluntarily surrendered
his medical license effective July 12,
2016. Id. at 3. As Registrant neither
responded to the Show Cause Order nor
submitted any evidence to show that his
state license has been reinstated, I find
that he does not possess authority to
dispense controlled substances in
Mississippi, the State in which he is
registered with the DEA.
mstockstill on DSK3G9T082PROD with NOTICES
Discussion
Pursuant to 21 U.S.C. 824(a)(3), the
Attorney General is authorized to
suspend or revoke a registration issued
under section 823 of the Controlled
Substances Act (CSA), ‘‘upon a finding
that the registrant . . . has had his State
license . . . suspended [or] revoked
. . . by competent State authority and is
no longer authorized by State law to
engage in the . . . dispensing of
controlled substances.’’ DEA has also
long held that the possession of
authority to dispense controlled
substances under the laws of the State
in which a practitioner engages in
professional practice is a fundamental
condition for obtaining and maintaining
a practitioner’s registration. See, e.g.,
James L. Hooper, 76 FR 71371 (2011),
pet. for rev. denied, 481 Fed. Appx. 826
(4th Cir. 2012); Frederick Marsh
Blanton, 43 FR 27616 (1978). Thus, the
Agency has further held that ‘‘ ‘the
controlling question is not whether a
practitioner’s license to practice
medicine in the state is suspended or
revoked; rather[,] it is whether the
Respondent is currently authorized to
handle controlled substances in the
[S]tate.’ ’’ Hooper, 76 FR at 71371
(quoting Anne Lazar Thorn, 62 FR
12847, 12848 (1997)).
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17:38 Feb 16, 2017
Jkt 241001
This rule derives from the text of two
provisions of the CSA. First, Congress
defined ‘‘the term ‘practitioner’ [to]
mean[ ] a . . . physician . . . or other
person licensed, registered or otherwise
permitted, by . . . the jurisdiction in
which he practices . . . to distribute,
dispense, [or] administer . . . a
controlled substance in the course of
professional practice.’’ 21 U.S.C.
802(21). Second, in setting the
requirements for obtaining a
practitioner’s registration, Congress
directed that ‘‘[t]he Attorney General
shall register practitioners . . . if the
applicant is authorized to dispense . . .
controlled substances under the laws of
the State in which he practices.’’ 21
U.S.C. 823(f). Because Congress has
clearly mandated that a practitioner
possess state authority in order to be
deemed a practitioner under the Act,
DEA has held repeatedly that revocation
of a practitioner’s registration is the
appropriate sanction whenever he is no
longer authorized to dispense controlled
substances under the laws of the State
in which he practices medicine. See,
e.g., Hooper, 76 FR at 71371; Sheran
Arden Yeates, M.D., 71 FR 39130, 39131
(2006); Dominick A. Ricci, 58 FR 51104,
51105 (1993); Bobby Watts, 53 FR
11919, 11920 (1988); Blanton, 43 FR at
27616.
By virtue of the surrender of his
medical license, Registrant currently
lacks authority to dispense controlled
substances in Mississippi, the State in
which he holds his DEA registration,
and he is not entitled to maintain his
registration. Accordingly, I will order
that his 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 BD3577965, issued to Lee
B. Drake, M.D., be, and it hereby is,
revoked. Pursuant to the authority
vested in me by 21 U.S.C. 823(f), as well
as 28 CFR 0.100(b), I further order that
any pending application of Lee B.
Drake, M.D., to renew or modify his
registration, be, and it hereby is, denied.
This Order is effective March 20, 2017.
Dated: February 9, 2017.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2017–03222 Filed 2–16–17; 8:45 am]
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Paul E. Pilgram, M.D.; Decision and
Order
On November 29, 2016, the Assistant
Administrator, Diversion Control
Division, Drug Enforcement
Administration (DEA), issued an Order
to Show Cause to Paul E. Pilgram,1 M.D.
(Registrant), of West Jordan, Utah. The
Show Cause Order proposed the
revocation of Registrant’s DEA
Certificate of Registration, on the ground
that he does not have authority to
handle controlled substances in Utah,
the State in which he is registered with
the Agency. Show Cause Order, at 1
(citing 21 U.S.C. 824(a)(3)).
As the jurisdictional basis for the
proceeding, the Show Cause Order
alleged that Registrant is registered as a
practitioner in schedules II through V
under DEA registration No. AP1393038,
at the registered address of 1561 West
7000 South, Suite 200, West Jordan,
Utah. Id. The Order alleged that
Registrant’s registration does not expire
until March 31, 2017. Id.
The Show Cause Order then alleged
that on October 17, 2016, the State of
Utah revoked Registrant’s authority to
prescribe and administer controlled
substances and that he is ‘‘without
authority to handle controlled
substances in . . . the [S]tate in which
[he is] registered with the’’ Agency. Id.
The Order then asserted that as a
consequence of the loss of his state
authority, ‘‘DEA must revoke’’ his
registration. Id. (citing 21 U.S.C.
802(21), 823(f) and 824(a)(3)). The Show
Cause Order also notified Registrant 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 for failing to do elect
either option. Id. at 2 (citing 21 CFR
1301.43). The Order further notified
Registrant of his right to submit a
corrective action plan. Id. at 2–3 (citing
21 U.S.C. 824(c)(2)(C)).
On December 6, 2016, a Diversion
Investigator (DI) from the DEA Salt Lake
City District Office effected service by
hand-delivery of a copy of the Show
Cause Order to Registrant at his
registered address of 1561 West 7000
South, Suite 200, West Jordan, Utah. GX
2, at 1–2 (Declaration of Diversion
Investigator). According to the
Government, since the date of service of
BILLING CODE 4410–09–P
PO 00000
1 Registrant’s name in the Order to Show Cause
is spelled ‘‘Pilgrim’’; however, all other documents
in the record, including Registrant’s Certificate of
Registration, use the correct spelling (Pilgram).
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]]>Agencies
[Federal Register Volume 82, Number 32 (Friday, February 17, 2017)]
[Notices]
[Pages 11057-11058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03222]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Lee B. Drake, M.D. Decision and Order
On December 5, 2016, the Assistant Administrator, Diversion Control
Division, Drug Enforcement Administration (DEA), issued an Order to
Show Cause to Lee B. Drake, M.D. (Registrant), of Hattiesburg,
Mississippi. The Show Cause Order proposed the revocation of
Registrant's DEA Certificate of Registration, on the ground that he
does not hold authority to dispense controlled substances in
Mississippi, the State in which he is registered with the Agency. Show
Cause Order, at 1 (citing 21 U.S.C. 824(a)(3)).
As to the Agency's jurisdiction, the Show Cause Order alleged that
Registrant is registered with DEA as a practitioner with authority to
dispense controlled substances in schedules II through V under
Registration No. BD3577965, at the registered address of 6524 U.S.
Highway 98, Hattiesburg, Mississippi. Id. The Order also alleged that
Registrant's registration does not expire until June 30, 2017. Id.
The Show Cause Order then alleged that on July 8, 2016, Registrant
surrendered his authority ``to prescribe and administer controlled
substances in . . . Mississippi'' and that he is ``without authority to
[dispense] controlled substances in'' the State. Id. The Order asserted
that as a consequence of the loss of his state authority, ``DEA must
revoke'' his registration. Id. (citing 21 U.S.C. 802(21), 823(f) and
824(a)(3)).
The Show Cause Order notified Registrant 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 for failing to do either. Id. at 2 (citing 21 CFR 1301.43).
The Order also notified Registrant of his right to submit a corrective
action plan. Id. at 2-3 (citing 21 U.S.C. 824(c)(2)(C)).
On December 7, 2016, a Diversion Investigator (DI) with the DEA
Jackson, Mississippi District Office accomplished service by hand-
delivery of the Show Cause Order to Registrant. See GX 2, at 2 (DI's
Declaration).
On January 10, 2017, the Government forwarded to my Office its
Request for Final Agency Action (cited as RFFA) along with an
evidentiary record. In its Request, the Government represents that
since the date of service of the Show Cause Order, it ``has not
received a request for hearing or any other reply from'' Registrant.
RFFA, at 1-2. Based on the Government's representation and the DI's
declaration, I find that more than 30 days have passed since the date
of service of the Show Cause Order and that neither Registrant, nor
anyone purporting to represent him, has requested a hearing or
submitted a written statement while waiving his right to a hearing. I
therefore find that Registrant has waived his right to a hearing or to
submit a written statement in lieu of hearing, and issue this Decision
and Order based on relevant evidence contained in the record submitted
by the Government. 21 CFR 1301.43(d) & (e). I make the following
findings of fact.
[[Page 11058]]
Findings of Fact
Registrant is the holder of DEA Certificate of Registration No.
BD3577965, pursuant to which he is authorized to dispense controlled
substances in schedules II through V, as a practitioner, at the
registered address of Women's Pavilion of South Mississippi, 6524 U.S.
Highway 98, Hattiesburg, Mississippi. GX 1 (Certificate of
Registration). His registration does not expire until June 30, 2017.
Id.
On July 8, 2016, Registrant voluntarily surrendered his medical
license to the Mississippi State Board of Medical Licensure (Medical
Board), stating in a letter to the Board's President that he was
relinquishing his right to practice medicine. GX 3, at 2. On July 13,
2016, the Medical Board issued a memorandum to various governmental and
private entities informing them that Registrant had voluntarily
surrendered his medical license effective July 12, 2016. Id. at 3. As
Registrant neither responded to the Show Cause Order nor submitted any
evidence to show that his state license has been reinstated, I find
that he does not possess authority to dispense controlled substances in
Mississippi, the State in which he is registered with the DEA.
Discussion
Pursuant to 21 U.S.C. 824(a)(3), the Attorney General is authorized
to suspend or revoke a registration issued under section 823 of the
Controlled Substances Act (CSA), ``upon a finding that the registrant .
. . has had his State license . . . suspended [or] revoked . . . by
competent State authority and is no longer authorized by State law to
engage in the . . . dispensing of controlled substances.'' DEA has also
long held that the possession of authority to dispense controlled
substances under the laws of the State in which a practitioner engages
in professional practice is a fundamental condition for obtaining and
maintaining a practitioner's registration. See, e.g., James L. Hooper,
76 FR 71371 (2011), pet. for rev. denied, 481 Fed. Appx. 826 (4th Cir.
2012); Frederick Marsh Blanton, 43 FR 27616 (1978). Thus, the Agency
has further held that `` `the controlling question is not whether a
practitioner's license to practice medicine in the state is suspended
or revoked; rather[,] it is whether the Respondent is currently
authorized to handle controlled substances in the [S]tate.' '' Hooper,
76 FR at 71371 (quoting Anne Lazar Thorn, 62 FR 12847, 12848 (1997)).
This rule derives from the text of two provisions of the CSA.
First, Congress defined ``the term `practitioner' [to] mean[ ] a . . .
physician . . . or other person licensed, registered or otherwise
permitted, by . . . the jurisdiction in which he practices . . . to
distribute, dispense, [or] administer . . . a controlled substance in
the course of professional practice.'' 21 U.S.C. 802(21). Second, in
setting the requirements for obtaining a practitioner's registration,
Congress directed that ``[t]he Attorney General shall register
practitioners . . . if the applicant is authorized to dispense . . .
controlled substances under the laws of the State in which he
practices.'' 21 U.S.C. 823(f). Because Congress has clearly mandated
that a practitioner possess state authority in order to be deemed a
practitioner under the Act, DEA has held repeatedly that revocation of
a practitioner's registration is the appropriate sanction whenever he
is no longer authorized to dispense controlled substances under the
laws of the State in which he practices medicine. See, e.g., Hooper, 76
FR at 71371; Sheran Arden Yeates, M.D., 71 FR 39130, 39131 (2006);
Dominick A. Ricci, 58 FR 51104, 51105 (1993); Bobby Watts, 53 FR 11919,
11920 (1988); Blanton, 43 FR at 27616.
By virtue of the surrender of his medical license, Registrant
currently lacks authority to dispense controlled substances in
Mississippi, the State in which he holds his DEA registration, and he
is not entitled to maintain his registration. Accordingly, I will order
that his 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
BD3577965, issued to Lee B. Drake, M.D., be, and it hereby is, revoked.
Pursuant to the authority vested in me by 21 U.S.C. 823(f), as well as
28 CFR 0.100(b), I further order that any pending application of Lee B.
Drake, M.D., to renew or modify his registration, be, and it hereby is,
denied. This Order is effective March 20, 2017.
Dated: February 9, 2017.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2017-03222 Filed 2-16-17; 8:45 am]
BILLING CODE 4410-09-P
