Importer of Controlled Substances Application: Stepan Company, 3250-3251 [2019-01847]
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Federal Register / Vol. 84, No. 28 / Monday, February 11, 2019 / Notices
The record before me shows that
Registrant’s New Mexico controlled
substance license No. CS00021066
expired on October 31, 2017.
Certification of New Mexico Board of
Pharmacy Controlled Substance License
dated January 4, 2018 (GE–4), at 1; New
Mexico Regulation and Licensing
Department website Screen Print dated
April 18, 2018 (GE–9), at 1. Indeed,
Registrant admitted in his CAP that he
‘‘inadvertently neglected to renew’’ his
New Mexico controlled substance
license and that it expired on October
31, 2017. CAP, at 1. Further, New
Mexico’s online records, of which I take
official notice, show that New Mexico
controlled substance registration No.
CS00021066 issued to Registrant was
renewed on July 9, 2018 and expired on
October 31, 2018.4 New Mexico
Regulation & Licensing Department
‘‘Web Lookup/Verification,’’ https://
verification.rld.state.nm.us (last visited
January 17, 2019).
Accordingly, I find that Registrant
currently is neither licensed to engage
in the practice of medicine nor licensed
to dispense controlled substances in
New Mexico, 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 (hereinafter, CSA),
‘‘upon a finding that the registrant . . .
has had his State license or registration
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 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,
M.D., 76 FR 71,371 (2011), pet. for rev.
denied, 481 Fed. Appx. 826 (4th Cir.
2012); Frederick Marsh Blanton, M.D.,
43 FR 27,616, 27,617 (1978).
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
4 See footnote 3. If Registrant disputes this
finding, he may do so according to the terms stated
in footnote 3.
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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 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, supra, 76 FR at 71,371–72;
Sheran Arden Yeates, M.D., 71 FR
39,130, 39,131 (2006); Dominick A.
Ricci, M.D., 58 FR 51,104, 51,105 (1993);
Bobby Watts, M.D., 53 FR 11,919, 11,920
(1988), Blanton, supra, 43 FR at 27,617.
Under longstanding Agency
precedent, DEA revokes the registration
of a practitioner who lacks State
authority to handle controlled
substances even when the practitioner’s
State authority was suspended
summarily or pending a final decision
on the merits. See, e.g., Bourne
Pharmacy, Inc., 72 FR 18,273, 18,274
(2007). Similarly, the facts that a State
immediately suspended a registrant’s
registration and that the registrant may,
some day, regain his State registration to
dispense controlled substances do not
change the salient fact—the registrant is
not currently authorized to handle
controlled substances in the State in
which he is registered. Mehdi
Nikparvarfard, M.D., 83 FR 14,503,
14,504 (2018).
Here, Registrant admitted that he did
not have authority in New Mexico to
practice medicine or dispense
controlled substances when he
submitted his CAP. Further, New
Mexico’s online records show that
Registrant is currently not licensed to
practice medicine or to handle
controlled substances. As such,
Registrant does not have authority to
dispense controlled substances in New
Mexico at this time. N.M. Stat. Ann.
§ 30–31–13(D) (Westlaw, current
through the end of the Second Regular
Session of the 53rd Legislature (2018))
(Practitioners must be registered to
dispense any controlled substances.).
Registrant, therefore, is not presently
eligible for a DEA registration.
Accordingly, I will order that
Registrant’s DEA registration be revoked
and that any pending application
regarding a registration in New Mexico
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Fmt 4703
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be denied. 21 U.S.C. 824(a)(3); 21 U.S.C.
823(f).5
Order
Pursuant to 28 CFR 0.100(b) and the
authority thus vested in me by 21 U.S.C.
824(a), I order that DEA Certificate of
Registration No. BN3803423 issued to
Miles Nelson, M.D., be, and it hereby is,
revoked. Pursuant to 28 CFR 0.100(b)
and the authority thus vested in me by
21 U.S.C. 823(f), I further order that any
pending application of Miles Nelson,
M.D., to renew or modify this
registration, as well as any other
pending application by him for
registration in the State of New Mexico,
be, and it hereby is, denied. This Order
is effective March 13, 2019.
Dated: January 17, 2019.
Uttam Dhillon,
Acting Administrator.
[FR Doc. 2019–01850 Filed 2–8–19; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–392]
Importer of Controlled Substances
Application: Stepan Company
ACTION:
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 on
or before March 13, 2019. Such persons
may also file a written request for a
hearing on the application on or before
March 13, 2019.
ADDRESSES: Written comments should
be sent to: Drug Enforcement
Administration, Attention: DEA Federal
Register Representative/DPW, 8701
Morrissette Drive, Springfield, Virginia
22152. All requests for hearing must be
sent to: Drug Enforcement
Administration, Attn: Administrator,
8701 Morrissette Drive, Springfield,
Virginia 22152. All requests for hearing
should also be sent to: (1) Drug
Enforcement Administration, Attn:
Hearing Clerk/OALJ, 8701 Morrissette
Drive, Springfield, Virginia 22152; and
(2) Drug Enforcement Administration,
Attn: DEA Federal Register
Representative/DPW, 8701 Morrissette
Drive, Springfield, Virginia 22152.
DATES:
5 Given my finding that Registrant is not currently
authorized to handle controlled substances in New
Mexico, I find that his CAP provides no basis for
me to discontinue or defer this proceeding. 21
U.S.C. 824(c)(3).
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Federal Register / Vol. 84, No. 28 / Monday, February 11, 2019 / Notices
Comments and requests for hearing on
applications to import narcotic raw
material are not appropriate. 72 FR 3417
(January 25, 2007).
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 Assistant
Administrator of the DEA Diversion
Control Division (‘‘Assistant
Administrator’’) pursuant to section 7 of
28 CFR part 0, appendix to subpart R.
SUPPLEMENTARY INFORMATION:
In accordance with 21 CFR
1301.34(a), this is notice that on
December 6, 2018, Stepan Company,
100 West Hunter Avenue, Maywood,
New Jersey 07607–1021 applied to be
registered as an importer of the
following basic class of controlled
substance:
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–392]
Bulk Manufacturer of Controlled
Substances Registration
ACTION:
Controlled
substance
Drug
code
Coca Leaves ............
9040
Schedule
II
The company plans to import the
listed controlled substance in bulk for
the manufacture of controlled
substances for distribution to its
customers.
Dated: February 4, 2019.
John J. Martin,
Assistant Administrator.
[FR Doc. 2019–01847 Filed 2–8–19; 8:45 am]
BILLING CODE 4410–09–P
Notice of registration.
The registrant listed below
has applied for and been granted a
registration by the Drug Enforcement
Administration (DEA) as bulk
manufacturer of a schedule I controlled
substance.
SUPPLEMENTARY INFORMATION: The
company listed below applied to be
registered as a bulk manufacturer of a
various basic class of a schedule I
controlled substance. Information on the
previously published notice is listed in
the table below. No comments or
objections were submitted for this
notice.
SUMMARY:
Company
FR Docket
Specgx, LLC .....................................................................................................................................................
83 FR 51983
The DEA has considered the factors in
21 U.S.C. 823(a) and determined that
the registration of this registrant to
manufacture the applicable basic class
of controlled substance is consistent
with the public interest and with United
States obligations under international
treaties, conventions, or protocols in
effect on May 1, 1971. The DEA
investigated the company’s maintenance
of effective controls against diversion by
inspecting and testing the company’s
physical security systems, verifying the
company’s compliance with state and
local laws, and reviewing the company’s
background and history.
Therefore, pursuant to 21 U.S.C.
823(a), and in accordance with 21 CFR
1301.33, the DEA has granted a
registration as a bulk manufacturer to
the above listed company.
Dated: January 30, 2019.
John J. Martin,
Assistant Administrator.
[FR Doc. 2019–01862 Filed 2–8–19; 8:45 am]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 19–2]
Paul Surinder Singh, D.O.; Decision
And Order
On August 8, 2018, the Assistant
Administrator, Diversion Control
Division, Drug Enforcement
Administration (DEA), issued an Order
to Show Cause to Paul Surinder Singh,
D.O. (Respondent), of Tehachapi,
California. The Show Cause Order
proposed the revocation of
Respondent’s DEA Certificate of
Registration No. BS7367623 on the
ground that he has ‘‘no state authority
to handle controlled substances.’’ Order
to Show Cause, at 1 (citing 21 U.S.C.
824(a)(3)). For the same reason, the
Order also proposed the denial of any of
Respondent’s ‘‘applications for renewal
or modification of such registration and
any applications for any other DEA
registrations.’’ Id.
With respect to the Agency’s
jurisdiction, the Show Cause Order
alleged that Respondent is the holder of
Certificate of Registration No.
BS7367623, pursuant to which he is
authorized to dispense controlled
substances as a practitioner in schedules
II through V, at the registered address of
276 C South Mill Street, Tehachapi,
California. Id. The Order also alleged
PO 00000
Frm 00115
Fmt 4703
Sfmt 4703
Published
October 15, 2018.
that this registration does not expire
until February 28, 2019. Id.
Regarding the substantive grounds for
the proceeding, the Show Cause Order
alleged that on April 17, 2017, the
Osteopathic Medical Board of California
(OMBC) ‘‘adopted the Proposed
Decision of an Administrative Law
Judge . . . recommending revocation
of’’ Respondent’s ‘‘Osteopathic
Physician’s License,’’ effective on May
17, 2017. Id. As a result, the Order
alleged that Respondent is ‘‘without
authority to handle controlled
substances in the State of California, the
[S]tate in which [he is] registered with
DEA.’’ Id. at 1–2. Based on his ‘‘lack of
authority to [dispense] controlled
substances in . . . California,’’ the
Order asserted that ‘‘DEA must revoke’’
Respondent’s registration. Id. at 2 (citing
21 U.S.C. 824(a)(3); 21 CFR 1301.37(b)).
The Show Cause Order notified
Respondent of (1) his right to request a
hearing on the allegations or to submit
a written statement in lieu of a hearing,
(2) the procedure for electing either
option, and (3) the consequence for
failing to elect either option. Id. (citing
21 CFR 1301.43). The Order also
notified Respondent of his right to
submit a corrective action plan. Id. at
2–3 (citing 21 U.S.C. 824(c)(2)(C)).
On October 15, 2018, Respondent
filed a letter (dated October 9, 2018)
indicating that the Show Cause Order
was ‘‘delivered to [him] by DEA agents
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]]>Agencies
[Federal Register Volume 84, Number 28 (Monday, February 11, 2019)]
[Notices]
[Pages 3250-3251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01847]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA-392]
Importer of Controlled Substances Application: Stepan Company
ACTION: Notice of application.
-----------------------------------------------------------------------
DATES: 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 on or before March 13, 2019. Such
persons may also file a written request for a hearing on the
application on or before March 13, 2019.
ADDRESSES: Written comments should be sent to: Drug Enforcement
Administration, Attention: DEA Federal Register Representative/DPW,
8701 Morrissette Drive, Springfield, Virginia 22152. All requests for
hearing must be sent to: Drug Enforcement Administration, Attn:
Administrator, 8701 Morrissette Drive, Springfield, Virginia 22152. All
requests for hearing should also be sent to: (1) Drug Enforcement
Administration, Attn: Hearing Clerk/OALJ, 8701 Morrissette Drive,
Springfield, Virginia 22152; and (2) Drug Enforcement Administration,
Attn: DEA Federal Register Representative/DPW, 8701 Morrissette Drive,
Springfield, Virginia 22152.
[[Page 3251]]
Comments and requests for hearing on applications to import narcotic
raw material are not appropriate. 72 FR 3417 (January 25, 2007).
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 Assistant Administrator of the DEA Diversion Control Division
(``Assistant Administrator'') pursuant to section 7 of 28 CFR part 0,
appendix to subpart R.
In accordance with 21 CFR 1301.34(a), this is notice that on
December 6, 2018, Stepan Company, 100 West Hunter Avenue, Maywood, New
Jersey 07607-1021 applied to be registered as an importer of the
following basic class of controlled substance:
------------------------------------------------------------------------
Controlled substance Drug code Schedule
------------------------------------------------------------------------
Coca Leaves........................... 9040 II
------------------------------------------------------------------------
The company plans to import the listed controlled substance in bulk
for the manufacture of controlled substances for distribution to its
customers.
Dated: February 4, 2019.
John J. Martin,
Assistant Administrator.
[FR Doc. 2019-01847 Filed 2-8-19; 8:45 am]
BILLING CODE 4410-09-P
