Importer of Controlled Substances Registration, 21812-21813 [2019-10028]

Download as PDF 21812 Federal Register / Vol. 84, No. 94 / Wednesday, May 15, 2019 / Notices Findings of Fact jbell on DSK3GLQ082PROD with NOTICES Registrant’s DEA Registration Registrant is the holder of DEA COR No. AP8271138, pursuant to which he is authorized to dispense controlled substances in schedules II through V as a practitioner, at the registered address of 35 Townsend Pl., St. Augustine, Florida 32092–3209. Certification of Registration History (Exh. 1), at 1. On December 15, 2017, the State of Florida, Board of Medicine (hereinafter, Florida Board) issued a Final Order approving and adopting in full the Settlement Agreement that Registrant entered into on October 3, 2017, with the State of Florida, Department of Health. Exh. 3, at 68–70. The Florida Board’s Final Order, therefore, adopted each provision of the Settlement Agreement, including Registrant’s voluntary permanent restriction from ‘‘prescribing, ordering, and/or delegating the prescribing or ordering of, any substances listed in Schedules I– V, as defined in Section 893.03, Florida Statutes (2016), and may from time-totime be redefined in Florida Statutes and/or the Florida Administrative Code.’’ Id. at 63. Thus, Registrant currently lacks authority to handle controlled substances in the State of Florida, the State in which he is licensed to practice medicine and where he is registered with 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 71371 (2011), pet. for rev. denied, 481 Fed. Appx. 826 (4th Cir. 2012); Frederick Marsh Blanton, M.D., 43 FR 27616, 27617 (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, VerDate Sep<11>2014 22:43 May 14, 2019 Jkt 247001 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 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 71371–72; Sheran Arden Yeates, M.D., 71 FR 39130, 39131 (2006); Dominick A. Ricci, M.D., 58 FR 51104, 51105 (1993); Bobby Watts, M.D., 53 FR 11919, 11920 (1988); Blanton, supra, 43 FR at 27617. Registrant has voluntarily agreed permanently to stop prescribing and ordering controlled substances, and to stop delegating the prescribing or ordering of controlled substances. Exh. 3, at 63. He has also voluntarily agreed that these permanent restrictions are ‘‘fair, appropriate and acceptable’’ to him.2 Id. at 60. The CSA has consistently been interpreted to mean that the DEA does not have statutory authority to maintain a registration if the registrant is without State authority to handle controlled substances in the State in which he practices. E.g., Alaaeldin A. Babiker, M.D., 81 FR 50723, 50725 (2016); Yeates, supra, 71 FR at 39131; Abraham A. Chaplan, M.D., 57 FR 55280, 55280 (1992). Very simply, because Registrant is not authorized to handle controlled substances in Florida, he is not eligible for a DEA registration. As such, I will order that Registrant’s COR be revoked. Order Pursuant to 28 CFR 0.100(b) and the authority vested in me by 21 U.S.C. 824(a), I order that DEA Certificate of Registration No. AP8271138 issued to Fred J. Powell, M.D., be, and it hereby is, revoked. Pursuant to 28 CFR 0.100(b) and the authority vested in me by 21 U.S.C. 823(f), I further order that any pending application of Fred J. Powell, M.D., to renew or modify this registration (AP8271138), as well as any other pending application by him for 2 Registrant also agreed to support these permanent restrictions before the Florida Board. Id. at 65. PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 registration in the State of Florida, be, and it hereby is, denied. This order is effective June 14 2019. Dated: April 23, 2019. Uttam Dhillon, Acting Administrator. [FR Doc. 2019–10019 Filed 5–14–19; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–392] Importer of Controlled Substances Registration ACTION: Notice of registration. The registrants listed below have applied for and been granted registration by the Drug Enforcement Administration (DEA) as importers of schedule I and schedule II controlled substances. SUMMARY: The companies listed below applied to be registered as importers of various basic classes of controlled substances. Information on previously published notices is listed in the table below. No comments or objections were submitted and no requests for hearing were submitted for these notices. SUPPLEMENTARY INFORMATION: Company PerkinElmer, Inc ....... Stepan Company ...... FR docket 84 FR 3246 84 FR 3250 Published February 11, 2019. February 11, 2019. The DEA has considered the factors in 21 U.S.C. 823, 952(a) and 958(a) and determined that the registration of the listed registrants to import the applicable basic classes of schedule I and II controlled substances 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 each of the company’s maintenance of effective controls against diversion by inspecting and testing each company’s physical security systems, verifying each company’s compliance with state and local laws, and reviewing each company’s background and history. Therefore, pursuant to 21 U.S.C. 952(a) and 958(a), and in accordance with 21 CFR 1301.34, the DEA has granted a registration as an importer for schedule I or schedule II controlled substances to the above listed companies. E:\FR\FM\15MYN1.SGM 15MYN1 21813 Federal Register / Vol. 84, No. 94 / Wednesday, May 15, 2019 / Notices Dated: April 27, 2019. John J. Martin, Assistant Administrator. DEPARTMENT OF JUSTICE Controlled substance Drug Enforcement Administration [FR Doc. 2019–10028 Filed 5–14–19; 8:45 am] [Docket No. DEA–392] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE Importer of Controlled Substances Application: S & B Pharma, Inc Drug Enforcement Administration ACTION: [Docket No. DEA–392] 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 June 14, 2019. Such persons may also file a written request for a hearing on the application on or before June 14, 2019. Bulk Manufacturer of Controlled Substances Registration ACTION: Notice of registration. The registrant listed below has applied for and been granted a registration by the Drug Enforcement Administration (DEA) as a bulk manufacturer of various classes of schedule I controlled substances. SUMMARY: The company listed below has applied to be registered as a bulk manufacturer of various basic classes of controlled substances. Information on the previously published notice is listed below. No comments or objections were submitted for the notice. Company FR docket 84 FR 2579 Published February 7, 2019 jbell on DSK3GLQ082PROD with NOTICES 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 substances 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: April 27, 2019. John J. Martin, Assistant Administrator. [FR Doc. 2019–10025 Filed 5–14–19; 8:45 am] BILLING CODE 4410–09–P VerDate Sep<11>2014 22:43 May 14, 2019 Jkt 247001 Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DPW, 8701 Morrissette Drive, Springfield, Virginia 22152. All requests for a hearing must be sent to: Drug Enforcement Administration, Attn: Administrator, 8701 Morrissette Drive, Springfield, Virginia 22152. All requests for a 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. ADDRESSES: SUPPLEMENTARY INFORMATION: Kinetochem, LLC .............. Notice of application. 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 24, 2018, S & B Pharma, Inc., dba: Norac Pharma, 405 South Motor Avenue, Azusa, California 91702–3232 applied to be registered as an importer of the following basic class of controlled substances: SUPPLEMENTARY INFORMATION: PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 4-Anilino-N-phenethyl-4piperidine (ANPP). Tapentadol ..................... Drug code Schedule 8333 II 9780 II The company plans to import the listed controlled substances in bulk for the manufacture of controlled substances for distribution to its customers. Dated: April 27, 2019. John J. Martin, Assistant Administrator. [FR Doc. 2019–10008 Filed 5–14–19; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–392] Importer of Controlled Substances Application: AndersonBrecon, Inc. ACTION: Notice of application. Registered bulk manufacturers of the affected basic class, and applicants therefore, may file written comments on or objections to the issuance of the proposed registration on or before June 14, 2019. Such persons may also file a written request for a hearing on the application on or before June 14, 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 a hearing must be sent to: Drug Enforcement Administration, Attn: Administrator, 8701 Morrissette Drive, Springfield, Virginia 22152. All requests for a 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. 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 DATES: E:\FR\FM\15MYN1.SGM 15MYN1

Agencies

[Federal Register Volume 84, Number 94 (Wednesday, May 15, 2019)]
[Notices]
[Pages 21812-21813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10028]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. DEA-392]


Importer of Controlled Substances Registration

ACTION: Notice of registration.

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SUMMARY: The registrants listed below have applied for and been granted 
registration by the Drug Enforcement Administration (DEA) as importers 
of schedule I and schedule II controlled substances.

SUPPLEMENTARY INFORMATION: The companies listed below applied to be 
registered as importers of various basic classes of controlled 
substances. Information on previously published notices is listed in 
the table below. No comments or objections were submitted and no 
requests for hearing were submitted for these notices.

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             Company                   FR docket          Published
------------------------------------------------------------------------
PerkinElmer, Inc.................  84 FR 3246......  February 11, 2019.
Stepan Company...................  84 FR 3250......  February 11, 2019.
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    The DEA has considered the factors in 21 U.S.C. 823, 952(a) and 
958(a) and determined that the registration of the listed registrants 
to import the applicable basic classes of schedule I and II controlled 
substances 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 each of the 
company's maintenance of effective controls against diversion by 
inspecting and testing each company's physical security systems, 
verifying each company's compliance with state and local laws, and 
reviewing each company's background and history.
    Therefore, pursuant to 21 U.S.C. 952(a) and 958(a), and in 
accordance with 21 CFR 1301.34, the DEA has granted a registration as 
an importer for schedule I or schedule II controlled substances to the 
above listed companies.


[[Page 21813]]


    Dated: April 27, 2019.
John J. Martin,
Assistant Administrator.
[FR Doc. 2019-10028 Filed 5-14-19; 8:45 am]
BILLING CODE 4410-09-P