Raman I. Popli, M.D.; Decision and Order, 38711-38712 [2017-17146]
Download as PDF
<![CDATA[
Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Notices
Solutions Corp (S3), Bethesda, MD;
Glover 38th Street Holdings LLC,
Smithfield, VA; KAB Laboratories, Inc.,
San Diego, CA; Tektronix, Inc.,
Beaverton, OR; ORSA Technologies,
LLC, Sierra Vista, AZ; DEEPSIG, Inc.,
Arlington, VA; QRC Technologies,
Fredericksburg, VA; Freedom
Technologies, Inc., Arlington, VA; Gigatronics, Incorporated, Dublin, CA;
Cambium Networks, Inc., Rolling
Meadows, IL; Epiq Solutions,
Schaumburg, IL; LinQuest Corporation,
Los Angeles, CA; Syncopated
Engineering, Inc., Ellicott City, MD;
Bascom Hunter Technologies, Inc.,
Baton Rouge, LA; InCadence Strategic
Solutions, Manassas, VA; and Long
Wave, Inc., Oklahoma City, OK, have
been added as parties to this venture.
Also, Hercules Research LLC,
Chantilly, WA, has withdrawn from this
venture.
No other changes have been made in
either the membership or planned
activity of the group research project.
Membership in this group research
project remains open, and NSC intends
to file additional written notifications
disclosing all changes in membership.
On May 24, 2014, NSC filed its
original notification pursuant to section
6(a) of the Act. The Department of
Justice published a notice in the Federal
Register pursuant to section 6(b) of the
Act on November 4, 2014 (72 FR 65424).
The last notification was filed with
the Department on April 10, 2017. A
notice was published in the Federal
Register pursuant to section 6(b) of the
Act on May 12, 2017 (82 FR 22160).
Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.
Specifically, Lewis Combs (individual
member), Cincinnati, OH, has been
added as a party to this venture.
Also, Tata Power SED, Mumbai,
INDIA; and beamSmart, Vienna, VA,
have withdrawn as parties to this
venture.
No other changes have been made in
either the membership or planned
activity of the group research project.
Membership in this group research
project remains open, and NCOIC
intends to file additional written
notifications disclosing all changes in
membership.
On November 19, 2004, NCOIC filed
its original notification pursuant to
section 6(a) of the Act. The Department
of Justice published a notice in the
Federal Register pursuant to section
6(b) of the Act on February 2, 2005 (70
FR 5486).
The last notification was filed with
the Department on March 13, 2017. A
notice was published in the Federal
Register pursuant to section 6(b) of the
Act on April 4, 2017 (82 FR 16420).
Patricia A. Brink,
Director of Civil Enforcement, Antitrust
Division.
[FR Doc. 2017–17150 Filed 8–14–17; 8:45 am]
BILLING CODE P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Patricia A. Brink,
Director of Civil Enforcement, Antitrust
Division.
Raman I. Popli, M.D.; Decision and
Order
[FR Doc. 2017–17148 Filed 8–14–17; 8:45 am]
On May 4, 2017, the Assistant
Administrator, Diversion Control
Division, Drug Enforcement
Administration (hereinafter, DEA or
Government), issued an Order to Show
Cause to Raman Popli, M.D.
(hereinafter, Registrant) of McHenry,
Illinois, the holder of Certificate of
Registration No. BP7189067. GX 2
(Registration Certificate). The Show
Cause Order proposed the revocation of
Registrant’s Certificate of Registration
on the ground that Registrant does ‘‘not
have authority to handle controlled
substances in the State of Illinois,’’ the
State in which he is registered. GX 1, at
1 (citing 21 U.S.C. 823(f) and 824(a)(3)).
As the jurisdictional basis for the
proceeding, the Show Cause Order
alleged that registration BP7189067,
pursuant to which Registrant is
authorized to prescribe controlled
substances in Schedules II through V,
expires on March 31, 2019. Id.
BILLING CODE P
DEPARTMENT OF JUSTICE
Antitrust Division
mstockstill on DSK30JT082PROD with NOTICES
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Network Centric
Operations Industry Consortium, Inc.
Notice is hereby given that, on July
11, 2017, pursuant to section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), Network Centric
Operations Industry Consortium, Inc.
(‘‘NCOIC’’) has filed written
notifications simultaneously with the
Attorney General and the Federal Trade
Commission disclosing changes in its
membership. The notifications were
filed for the purpose of extending the
VerDate Sep<11>2014
17:15 Aug 14, 2017
Jkt 241001
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
38711
As the substantive grounds for the
proceeding, the Show Cause Order
alleged that Registrant currently lacks
‘‘authority to handle controlled
substances in the State of Illinois.’’ Id.
It alleged that, on March 13, 2017,
Illinois suspended Registrant’s
‘‘authority to prescribe and administer
controlled substances.’’ Id.
The Show Cause Order notified
Registrant of his right to request a
hearing on the allegation or to submit a
written statement while waiving his
right to a hearing, the procedures for
electing each option, and the
consequences for failing to elect either
option. Id. at 2, citing 21 CFR 1301.43.
The Show Cause Order also notified
Registrant of the opportunity to submit
a corrective action plan. Id., citing 21
U.S.C. 824(c)(2)(C).
On May 5, 2017, a DEA Office of Chief
Counsel Legal Assistant faxed and
mailed ‘‘via USPS First Class Mail’’ a
copy of the Show Cause Order to
Registrant’s attorney, Alan Rhine, Esq.,
at the fax number and business address
he provided. GX 5, at 1 (Legal Assistant
Declaration dated June 8, 2017) and
attachment. The Legal Assistant’s
Declaration appended emails to and
from Registrant’s attorney confirming
that Registrant authorized him to accept
service of documents from the DEA on
Registrant’s behalf. Id. I find that the
Government’s service of the Show Cause
Order on Registrant was legally
sufficient.
The Government submitted a Request
for Final Agency Action (hereinafter,
RFAA) dated June 9, 2017 and an
evidentiary record to support the Show
Cause Order’s allegations. According to
the Government’s representations in the
RFAA, ‘‘more than thirty days have
passed since the Order to Show Cause
was served on Respondent and no
request for hearing has been received by
DEA, and . . . no written statement or
other correspondence has been filed in
lieu of a hearing request.’’ RFAA, at 1.
Based on the Government’s
representations and my review of the
record, I find that more than 30 days
have now passed since the date of
service of the Show Cause Order on
Registrant through his attorney, and that
neither Registrant, his attorney, nor
anyone else purporting to represent
him, has requested a hearing or
submitted a written statement while
waiving his right to a hearing.
Accordingly, I find that Registrant has
waived his right to a hearing and his
right to submit a written statement. 21
CFR 1301.43(d). I therefore issue this
Decision and Order based on the record
submitted by the Government. 21 CFR
1301.43(e).
E:\FR\FM\15AUN1.SGM
15AUN1
38712
Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Notices
Findings of Fact
Registrant’s DEA Registration
Registrant currently holds DEA
practitioner registration BP7189067
authorizing him to dispense controlled
substances in Schedules II through V.
GX 2. This registration expires on March
31, 2019. Id.
DEA practitioner registration
BP7189067 is assigned to Registrant at
‘‘Dr Raman Popli and Associates, Ltd,
5415 Bull Valley Road, McHenry, IL
60050.’’ Id.
mstockstill on DSK30JT082PROD with NOTICES
The Status of Registrant’s State Licenses
On March 13, 2017, the Director of the
Division of Professional Regulation of
the Illinois Department of Financial and
Professional Regulation issued an Order
suspending Registrant’s Illinois
Physician and Surgeon License No.
036–104035 and Illinois Controlled
Substance License No. 336–064820
pending proceedings before an
Administrative Law Judge at the
Department of Financial and
Professional Regulation and the Medical
Disciplinary Board of the State of
Illinois. GX 3 (Order, at 1–2).1
According to the Order, ‘‘the public
interest, safety and welfare imperatively
require emergency action to prevent the
continued practice of Raman Popli,
M.D., Respondent, in that Respondent’s
actions constitute an immediate danger
to the public.’’ Id. (Order, at 1).
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 (hereinafter, 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.’’ With respect to a
practitioner, the 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 71,371 (2011),
pet. for rev. denied, 481 Fed. Appx. 826
(4th Cir. 2012); Frederick Marsh
Blanton, 43 FR 27,616 (1978).
This rule derives from the text of two
provisions of the CSA. First, Congress
1 Since the pages in GX 3 are not consecutively
paginated, this Decision and Order identifies the
relevant document in GX 3 and the relevant page
number of that document.
VerDate Sep<11>2014
18:44 Aug 14, 2017
Jkt 241001
defined the term ‘‘ ‘practitioner’ [to]
mean[ ] a . . . physician, dentist, . . .
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. 801(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 CSA,
the 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. See,
e.g., Hooper, 76 FR at 71,371–72; Sheran
Arden Yeates, 71 FR 39,130, 39,131
(2006); Dominick A. Ricci, 58 FR 51,104,
51,105 (1993); Bobby Watts, 53 FR
11,919, 11,920 (1988); Blanton, 43 FR at
27,616.
Under Illinois law, ‘‘[n]o person shall
practice medicine . . . without a valid,
active license to do so . . . .’’ 225 ILCS
60/3 (2017). Further, ‘‘[e]very person
who . . . dispenses any controlled
substances . . . must obtain a
registration issued by the [Illinois]
Department of Financial and
Professional Regulation in accordance
with its rules.’’ 720 ILCS 570/302(a).
In this case, the Division of
Professional Regulation of the Illinois
Department of Financial and
Professional Regulation took emergency
action to suspend Registrant’s Physician
and Surgeon License and Illinois
Controlled Substance License. Supra.
Consequently, Registrant is not
currently authorized to handle
controlled substances in the State of
Illinois, the State in which he is
registered, and he is not entitled to
maintain his registration. Blanton,
supra. Accordingly, I will order this his
registration be revoked and that any
pending application for the renewal or
modification of his registration be
denied. 21 U.S.C. 824(a)(3) and 823(f).
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 BP7189067 issued to
Raman I. Popli, M.D., as well as DATAWaiver Identification No. XP7189067,
be, and they hereby are, revoked. I
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
further order that any pending
application of Raman I. Popli, M.D., to
renew or modify this registration, as
well as any other pending application
by him for registration in the State of
Illinois, be, and it hereby is, denied.
This order is effective immediately.2
Dated: August 4, 2017.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2017–17146 Filed 8–14–17; 8:45 am]
BILLING CODE 4410–09–P
LEGAL SERVICES CORPORATION
Sunshine Act Meeting Notice
The Legal Services
Corporation’s Finance Committee will
meet telephonically on August 21, 2017.
The meeting will commence at 12:00
p.m., EDT, and will continue until the
conclusion of the Committee’s agenda.
LOCATION: John N. Erlenborn Conference
Room, Legal Services Corporation
Headquarters, 3333 K Street NW.,
Washington, DC 20007.
PUBLIC OBSERVATION: Members of the
public who are unable to attend in
person but wish to listen to the public
proceedings may do so by following the
telephone call-in directions provided
below.
CALL-IN DIRECTIONS FOR OPEN SESSIONS:
• Call toll-free number: 1–866–451–
4981;
• When prompted, enter the
following numeric pass code:
5907707348;
• When connected to the call, please
immediately ‘‘MUTE’’ your telephone.
Members of the public are asked to
keep their telephones muted to
eliminate background noises. To avoid
disrupting the meeting, please refrain
from placing the call on hold if doing so
will trigger recorded music or other
sound. From time to time, the Chair may
solicit comments from the public.
STATUS OF MEETING: Open.
MATTERS TO BE CONSIDERED:
1. Approval of agenda
2. Approval of minutes of the
Committee’s Open Session
telephonic meeting of June 21, 2017
3. Approval of minutes of the
Committee’s Open Session
telephonic meeting of June 26, 2017
DATE AND TIME:
2 For the same reasons the Division of
Professional Regulation of the Illinois Department
of Financial and Professional Regulation suspended
Registrant’s Illinois Physician and Surgeon License
and Illinois Controlled Substance License, I find
that the public interest necessitates that this Order
be effective immediately. 21 CFR 1316.67.
E:\FR\FM\15AUN1.SGM
15AUN1
]]>Agencies
[Federal Register Volume 82, Number 156 (Tuesday, August 15, 2017)]
[Notices]
[Pages 38711-38712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17146]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Raman I. Popli, M.D.; Decision and Order
On May 4, 2017, the Assistant Administrator, Diversion Control
Division, Drug Enforcement Administration (hereinafter, DEA or
Government), issued an Order to Show Cause to Raman Popli, M.D.
(hereinafter, Registrant) of McHenry, Illinois, the holder of
Certificate of Registration No. BP7189067. GX 2 (Registration
Certificate). The Show Cause Order proposed the revocation of
Registrant's Certificate of Registration on the ground that Registrant
does ``not have authority to handle controlled substances in the State
of Illinois,'' the State in which he is registered. GX 1, at 1 (citing
21 U.S.C. 823(f) and 824(a)(3)).
As the jurisdictional basis for the proceeding, the Show Cause
Order alleged that registration BP7189067, pursuant to which Registrant
is authorized to prescribe controlled substances in Schedules II
through V, expires on March 31, 2019. Id.
As the substantive grounds for the proceeding, the Show Cause Order
alleged that Registrant currently lacks ``authority to handle
controlled substances in the State of Illinois.'' Id. It alleged that,
on March 13, 2017, Illinois suspended Registrant's ``authority to
prescribe and administer controlled substances.'' Id.
The Show Cause Order notified Registrant of his right to request a
hearing on the allegation or to submit a written statement while
waiving his right to a hearing, the procedures for electing each
option, and the consequences for failing to elect either option. Id. at
2, citing 21 CFR 1301.43. The Show Cause Order also notified Registrant
of the opportunity to submit a corrective action plan. Id., citing 21
U.S.C. 824(c)(2)(C).
On May 5, 2017, a DEA Office of Chief Counsel Legal Assistant faxed
and mailed ``via USPS First Class Mail'' a copy of the Show Cause Order
to Registrant's attorney, Alan Rhine, Esq., at the fax number and
business address he provided. GX 5, at 1 (Legal Assistant Declaration
dated June 8, 2017) and attachment. The Legal Assistant's Declaration
appended emails to and from Registrant's attorney confirming that
Registrant authorized him to accept service of documents from the DEA
on Registrant's behalf. Id. I find that the Government's service of the
Show Cause Order on Registrant was legally sufficient.
The Government submitted a Request for Final Agency Action
(hereinafter, RFAA) dated June 9, 2017 and an evidentiary record to
support the Show Cause Order's allegations. According to the
Government's representations in the RFAA, ``more than thirty days have
passed since the Order to Show Cause was served on Respondent and no
request for hearing has been received by DEA, and . . . no written
statement or other correspondence has been filed in lieu of a hearing
request.'' RFAA, at 1.
Based on the Government's representations and my review of the
record, I find that more than 30 days have now passed since the date of
service of the Show Cause Order on Registrant through his attorney, and
that neither Registrant, his attorney, nor anyone else purporting to
represent him, has requested a hearing or submitted a written statement
while waiving his right to a hearing. Accordingly, I find that
Registrant has waived his right to a hearing and his right to submit a
written statement. 21 CFR 1301.43(d). I therefore issue this Decision
and Order based on the record submitted by the Government. 21 CFR
1301.43(e).
[[Page 38712]]
Findings of Fact
Registrant's DEA Registration
Registrant currently holds DEA practitioner registration BP7189067
authorizing him to dispense controlled substances in Schedules II
through V. GX 2. This registration expires on March 31, 2019. Id.
DEA practitioner registration BP7189067 is assigned to Registrant
at ``Dr Raman Popli and Associates, Ltd, 5415 Bull Valley Road,
McHenry, IL 60050.'' Id.
The Status of Registrant's State Licenses
On March 13, 2017, the Director of the Division of Professional
Regulation of the Illinois Department of Financial and Professional
Regulation issued an Order suspending Registrant's Illinois Physician
and Surgeon License No. 036-104035 and Illinois Controlled Substance
License No. 336-064820 pending proceedings before an Administrative Law
Judge at the Department of Financial and Professional Regulation and
the Medical Disciplinary Board of the State of Illinois. GX 3 (Order,
at 1-2).\1\ According to the Order, ``the public interest, safety and
welfare imperatively require emergency action to prevent the continued
practice of Raman Popli, M.D., Respondent, in that Respondent's actions
constitute an immediate danger to the public.'' Id. (Order, at 1).
---------------------------------------------------------------------------
\1\ Since the pages in GX 3 are not consecutively paginated,
this Decision and Order identifies the relevant document in GX 3 and
the relevant page number of that document.
---------------------------------------------------------------------------
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 (hereinafter, 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.''
With respect to a practitioner, the 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 71,371
(2011), pet. for rev. denied, 481 Fed. Appx. 826 (4th Cir. 2012);
Frederick Marsh Blanton, 43 FR 27,616 (1978).
This rule derives from the text of two provisions of the CSA.
First, Congress defined the term `` `practitioner' [to] mean[ ] a . . .
physician, dentist, . . . 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.
801(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 CSA, the 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. See, e.g., Hooper, 76 FR at 71,371-72; Sheran Arden Yeates,
71 FR 39,130, 39,131 (2006); Dominick A. Ricci, 58 FR 51,104, 51,105
(1993); Bobby Watts, 53 FR 11,919, 11,920 (1988); Blanton, 43 FR at
27,616.
Under Illinois law, ``[n]o person shall practice medicine . . .
without a valid, active license to do so . . . .'' 225 ILCS 60/3
(2017). Further, ``[e]very person who . . . dispenses any controlled
substances . . . must obtain a registration issued by the [Illinois]
Department of Financial and Professional Regulation in accordance with
its rules.'' 720 ILCS 570/302(a).
In this case, the Division of Professional Regulation of the
Illinois Department of Financial and Professional Regulation took
emergency action to suspend Registrant's Physician and Surgeon License
and Illinois Controlled Substance License. Supra. Consequently,
Registrant is not currently authorized to handle controlled substances
in the State of Illinois, the State in which he is registered, and he
is not entitled to maintain his registration. Blanton, supra.
Accordingly, I will order this his registration be revoked and that any
pending application for the renewal or modification of his registration
be denied. 21 U.S.C. 824(a)(3) and 823(f).
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
BP7189067 issued to Raman I. Popli, M.D., as well as DATA-Waiver
Identification No. XP7189067, be, and they hereby are, revoked. I
further order that any pending application of Raman I. Popli, M.D., to
renew or modify this registration, as well as any other pending
application by him for registration in the State of Illinois, be, and
it hereby is, denied. This order is effective immediately.\2\
---------------------------------------------------------------------------
\2\ For the same reasons the Division of Professional Regulation
of the Illinois Department of Financial and Professional Regulation
suspended Registrant's Illinois Physician and Surgeon License and
Illinois Controlled Substance License, I find that the public
interest necessitates that this Order be effective immediately. 21
CFR 1316.67.
Dated: August 4, 2017.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2017-17146 Filed 8-14-17; 8:45 am]
BILLING CODE 4410-09-P
