John Warren Cox, M.D.; Decision and Order, 29329-29330 [2017-13527]
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[FR Doc. 2017–13555 Filed 6–27–17; 8:45 am]
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Jkt 241001
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[FR Doc. 2017–13553 Filed 6–27–17; 8:45 am]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
John Warren Cox, M.D.; Decision and
Order
On February 23, 2017, the Assistant
Administrator, Diversion Control
Division, Drug Enforcement
Administration (DEA), issued an Order
to Show Cause to John Warren Cox,
M.D. (Registrant), of West Point,
Mississippi. GX 2. The Show Cause
Order proposed the revocation of
Registrant’s DEA Certificate of
Registration No. BC6115047, on the
ground that he does not have authority
to handle controlled substances in
Mississippi, the State in which he is
registered with the Agency. Id. at 1
(citing 21 U.S.C. 824(a)(3)).
With respect to the Agency’s
jurisdiction, the Show Cause Order
alleged that Registrant is registered with
the DEA as a practitioner authorized to
handle controlled substances in
schedules II through V under DEA
registration BC6115047, at the registered
address of 187 Medical Center Drive,
West Point, Mississippi. Id. The Order
alleged that Registrant’s registration
expires by its terms on August 31, 2019.
Id.
As to the substantive ground for the
proceeding, the Show Cause Order
specifically alleged that on October 18,
2016, Registrant ‘‘voluntarily
surrendered [his] Mississippi medical
license and agreed to never again seek
to be licensed in the State of
Mississippi.’’ Id. The Show Cause Order
further alleged that because Registrant is
currently without authority to practice
medicine or handle controlled
substances in the State of Mississippi,
‘‘the DEA must revoke [his] DEA COR.’’
Id. at 2 (citing 21 U.S.C. 823(f) and
824(a)(3) (other citations omitted)).
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 elect
either option. Id. at 2 (citing 21 CFR
1301.43). It also notified him of his right
to submit a corrective action plan in
accordance with 21 U.S.C. 824(c)(2)(C).
Id. at 2–3.
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Sfmt 4703
29329
On February 24, 2017, a Diversion
Investigator from the Jackson,
Mississippi District Office personally
served the Show Cause Order on
Registrant at his residence in West
Point, Mississippi. GX 4 (Declaration of
Diversion Investigator).
On May 5, 2017, the Government
forwarded its Request for Final Agency
Action (RFAA) and an evidentiary
record to my Office. Therein, the
Government represents that Registrant
‘‘has not filed a request for a hearing or
a written statement, and more than 30
days ha[ve] now passed since he was
served.’’ RFAA, at 1–2.
Based on the Government’s
representation that more than 30 days
have now passed since the date of
service of the Show Cause Order and
that Registrant has not submitted a
request for a hearing or a written
statement, I find that Registrant has
waived his right to a hearing or to
submit a written statement in lieu of a
hearing. 21 CFR 1301.43(d). I therefore
issue this Decision and Final Order
based on relevant evidence contained in
the record submitted by the
Government. Id. § 1301.43(d) & (e). I
make the following findings of fact.
Findings
Registrant is the holder of DEA
Registration No. BC6115047, pursuant
to which he is authorized to dispense
controlled substances in Schedules II
through V as a practitioner, at the
registered address of 187 Medical Center
Drive, West Point, Mississippi. GX 1
(Certification of Registration History).
His registration does not expire until
August 31, 2019. Id.
On October 18, 2016, Registrant
voluntarily surrendered his license to
practice medicine in the State of
Mississippi, and ‘‘agree[d] to never seek
application for a future license to
practice medicine in the State of
Mississippi.’’ GX 3, at 2 (Surrender of
Medical License). The agreement to
voluntarily surrender his license
followed an investigation by the
Investigative Division of the Mississippi
State Board of Medical Licensure, which
‘‘ha[d] in its possession evidence which,
if produced during the course of an
evidentiary hearing, would show [that
Registrant’s] continued practice
constitutes a threat to the public health
and safety due to his impairment.’’ Id.
at 2. Registrant’s surrender became
effective immediately upon execution of
the surrender form on October 18, 2016.
Id.
A printout from the Mississippi
Board’s Physician Profile System, dated
May 5, 2017, shows that Registrant’s
license to practice medicine ‘‘expired’’
E:\FR\FM\28JNN1.SGM
28JNN1
29330
Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Notices
asabaliauskas on DSKBBXCHB2PROD with NOTICES
on 10/31/2016, and that he ‘‘voluntarily
surrender[ed] his Mississippi medical
license and agrees never to seek
application for a future license to
practice medicine in the State of MS.’’
GX 4, Attachment A, at 1–2 (https://
ksitspe01.its.state.ms.us/msbml/
MLB.nsf/ByLicenseNo/08934); see also
GX 4 (Declaration of Diversion
Investigator). I therefore find that
Registrant does not have authority to
dispense controlled substances under
the laws of Mississippi, the State in
which he is registered with the Agency.
substances under the laws of the State
in which he practices medicine. See,
e.g., Calvin Ramsey, 76 FR 20034, 20036
(2011); 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); see
also Blanton, 43 FR at 27617.
Because Registrant is no longer
currently authorized to dispense
controlled substances in Mississippi,
the State in which he is registered with
the Agency, I will therefore order that
his registration be revoked.
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 Title 21, ‘‘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.’’
Moreover, with respect to a practitioner,
DEA has 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 registration. See, e.g., James L. Hooper,
76 FR 71371 (2011) (collecting cases),
pet. for rev. denied, 481 Fed. Appx. 826
(4th Cir. 2012); see also Frederick Marsh
Blanton, 43 FR 27616, 27617 (1978)
(‘‘State authorization to dispense or
otherwise handle controlled substances
is a prerequisite to the issuance and
maintenance of a Federal controlled
substances registration.’’).
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
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 No. BC6115047, issued to
John Warren Cox, M.D., be, and it
hereby is, revoked. Pursuant to the
authority vested in me by 21 U.S.C.
823(f), I further order that any pending
application of John Warren Cox, M.D.,
to renew or modify this registration, be,
and it hereby is, denied. This Order is
effective July 28, 2017.
VerDate Sep<11>2014
17:22 Jun 27, 2017
Jkt 241001
Dated: June 21, 2017.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2017–13527 Filed 6–27–17; 8:45 am]
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Overview of This Information
Collection
DEPARTMENT OF JUSTICE
[OMB Number 1117–0021]
Agency Information Collection
Activities; Proposed eCollection,
eComments Requested; Extension
Without Change of a Previously
Approved Collection; Dispensing
Records of Individual Practitioners
Drug Enforcement
Administration, Department of Justice.
ACTION: 60-Day notice.
AGENCY:
The Department of Justice
(DOJ), Drug Enforcement
Administration (DEA), will be
submitting the following information
collection request to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995.
DATES: Comments are encouraged and
will be accepted for 60 days until
August 28, 2017.
FOR FURTHER INFORMATION CONTACT: If
you have comments on the estimated
public burden or associated response
time, suggestions, or need a copy of the
proposed information collection
instrument with instructions or
additional information, please contact
Michael J. Lewis, Diversion Control
SUMMARY:
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
Division, Drug Enforcement
Administration; Mailing Address: 8701
Morrissette Drive, Springfield, Virginia
22152; Telephone: (202) 598–6812.
SUPPLEMENTARY INFORMATION: Written
comments and suggestions from the
public and affected agencies concerning
the proposed collection of information
are encouraged. Your comments should
address one or more of the following
four points:
—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
—Evaluate the accuracy of the agency’s
estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
—Evaluate whether and if so how the
quality, utility, and clarity of the
information proposed to be collected
can be enhanced; and
—Minimize the burden of the collection
of information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other forms of
information technology, e.g.,
permitting electronic submission of
responses.
1. Type of Information Collection:
Extension of a currently approved
collection.
2. Title of the Form/Collection:
Dispensing Records of Individual
Practitioners.
3. The agency form number, if any,
and the applicable component of the
Department sponsoring the collection:
The form number is N/A. The
applicable component within the
Department of Justice is the Drug
Enforcement Administration, Diversion
Control Division.
4. Affected public who will be asked
or required to respond, as well as a brief
abstract:
Affected public (Primary): Business or
other for-profit.
Affected public (Other): Not-for-profit
institutions; Federal, State, local, and
tribal governments.
Abstract: In accordance with the
Controlled Substances Act (CSA), every
DEA registrant must make a biennial
inventory and maintain, on a current
basis, a complete and accurate record of
each controlled substance
manufactured, received, sold, delivered,
or otherwise disposed of. 21 U.S.C. 827
and 958. These records must be
E:\FR\FM\28JNN1.SGM
28JNN1
Agencies
[Federal Register Volume 82, Number 123 (Wednesday, June 28, 2017)]
[Notices]
[Pages 29329-29330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13527]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
John Warren Cox, M.D.; Decision and Order
On February 23, 2017, the Assistant Administrator, Diversion
Control Division, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to John Warren Cox, M.D. (Registrant), of West
Point, Mississippi. GX 2. The Show Cause Order proposed the revocation
of Registrant's DEA Certificate of Registration No. BC6115047, on the
ground that he does not have authority to handle controlled substances
in Mississippi, the State in which he is registered with the Agency.
Id. at 1 (citing 21 U.S.C. 824(a)(3)).
With respect to the Agency's jurisdiction, the Show Cause Order
alleged that Registrant is registered with the DEA as a practitioner
authorized to handle controlled substances in schedules II through V
under DEA registration BC6115047, at the registered address of 187
Medical Center Drive, West Point, Mississippi. Id. The Order alleged
that Registrant's registration expires by its terms on August 31, 2019.
Id.
As to the substantive ground for the proceeding, the Show Cause
Order specifically alleged that on October 18, 2016, Registrant
``voluntarily surrendered [his] Mississippi medical license and agreed
to never again seek to be licensed in the State of Mississippi.'' Id.
The Show Cause Order further alleged that because Registrant is
currently without authority to practice medicine or handle controlled
substances in the State of Mississippi, ``the DEA must revoke [his] DEA
COR.'' Id. at 2 (citing 21 U.S.C. 823(f) and 824(a)(3) (other citations
omitted)).
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 elect either option. Id. at 2 (citing 21 CFR
1301.43). It also notified him of his right to submit a corrective
action plan in accordance with 21 U.S.C. 824(c)(2)(C). Id. at 2-3.
On February 24, 2017, a Diversion Investigator from the Jackson,
Mississippi District Office personally served the Show Cause Order on
Registrant at his residence in West Point, Mississippi. GX 4
(Declaration of Diversion Investigator).
On May 5, 2017, the Government forwarded its Request for Final
Agency Action (RFAA) and an evidentiary record to my Office. Therein,
the Government represents that Registrant ``has not filed a request for
a hearing or a written statement, and more than 30 days ha[ve] now
passed since he was served.'' RFAA, at 1-2.
Based on the Government's representation that more than 30 days
have now passed since the date of service of the Show Cause Order and
that Registrant has not submitted a request for a hearing or a written
statement, I find that Registrant has waived his right to a hearing or
to submit a written statement in lieu of a hearing. 21 CFR 1301.43(d).
I therefore issue this Decision and Final Order based on relevant
evidence contained in the record submitted by the Government. Id. Sec.
1301.43(d) & (e). I make the following findings of fact.
Findings
Registrant is the holder of DEA Registration No. BC6115047,
pursuant to which he is authorized to dispense controlled substances in
Schedules II through V as a practitioner, at the registered address of
187 Medical Center Drive, West Point, Mississippi. GX 1 (Certification
of Registration History). His registration does not expire until August
31, 2019. Id.
On October 18, 2016, Registrant voluntarily surrendered his license
to practice medicine in the State of Mississippi, and ``agree[d] to
never seek application for a future license to practice medicine in the
State of Mississippi.'' GX 3, at 2 (Surrender of Medical License). The
agreement to voluntarily surrender his license followed an
investigation by the Investigative Division of the Mississippi State
Board of Medical Licensure, which ``ha[d] in its possession evidence
which, if produced during the course of an evidentiary hearing, would
show [that Registrant's] continued practice constitutes a threat to the
public health and safety due to his impairment.'' Id. at 2.
Registrant's surrender became effective immediately upon execution of
the surrender form on October 18, 2016. Id.
A printout from the Mississippi Board's Physician Profile System,
dated May 5, 2017, shows that Registrant's license to practice medicine
``expired''
[[Page 29330]]
on 10/31/2016, and that he ``voluntarily surrender[ed] his Mississippi
medical license and agrees never to seek application for a future
license to practice medicine in the State of MS.'' GX 4, Attachment A,
at 1-2 (https://ksitspe01.its.state.ms.us/msbml/MLB.nsf/ByLicenseNo/08934); see also GX 4 (Declaration of Diversion Investigator). I
therefore find that Registrant does not have authority to dispense
controlled substances under the laws of Mississippi, the State in which
he is registered with the Agency.
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 Title
21, ``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.'' Moreover, with respect to a
practitioner, DEA has 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 registration. See, e.g.,
James L. Hooper, 76 FR 71371 (2011) (collecting cases), pet. for rev.
denied, 481 Fed. Appx. 826 (4th Cir. 2012); see also Frederick Marsh
Blanton, 43 FR 27616, 27617 (1978) (``State authorization to dispense
or otherwise handle controlled substances is a prerequisite to the
issuance and maintenance of a Federal controlled substances
registration.'').
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., Calvin
Ramsey, 76 FR 20034, 20036 (2011); 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); see also Blanton, 43 FR at
27617.
Because Registrant is no longer currently authorized to dispense
controlled substances in Mississippi, the State in which he is
registered with the Agency, I will therefore 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 No.
BC6115047, issued to John Warren Cox, M.D., be, and it hereby is,
revoked. Pursuant to the authority vested in me by 21 U.S.C. 823(f), I
further order that any pending application of John Warren Cox, M.D., to
renew or modify this registration, be, and it hereby is, denied. This
Order is effective July 28, 2017.
Dated: June 21, 2017.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2017-13527 Filed 6-27-17; 8:45 am]
BILLING CODE 4410-09-P