Completion of Claims Adjudication Program, 19029-19030 [2020-06962]
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Federal Register / Vol. 85, No. 65 / Friday, April 3, 2020 / Notices
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Medical Examiners Online Verification,
https://online.lasbme.org/#/verifylicense
(last visited March 13, 2020).
Accordingly, I find that Respondent
currently is not licensed to engage in the
practice of medicine and, therefore,
cannot dispense controlled substances
in Louisiana, the state in which
Respondent is registered with the DEA
(as discussed more fully below).
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 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, 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
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.,
James L. Hooper, 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);
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Bobby Watts, M.D., 53 FR 11,919, 11,920
(1988); Frederick Marsh Blanton, 43 FR
at 27,617.
According to the Suspension of
Medical License, Respondent’s license
as a physician is suspended, and he can
no longer engage in the practice of
medicine in Louisiana. GX 3, at 2–3.
Because Respondent cannot engage in
the practice of medicine in Louisiana,
he cannot prescribe medicine in
Louisiana and therefore cannot
‘‘dispense’’ controlled substances under
the CSA. 21 U.S.C. 802(10).
Per the Louisiana Medical Practice
Act, the ‘‘practice of medicine’’ means
‘‘engagement in, the diagnosing,
treating, curing, or relieving of any
bodily or mental disease, condition,
infirmity, deformity, defect, ailment, or
injury in any human being, . . .
whether by the use of any drug,
instrument or force, . . . or any other
agency or means; or the examining, . . .
of any person or material from any
person for such purpose whether such
drug, instrument, force, or other agency
or means is applied to or used by the
patient . . . .’’ La. Stat. Ann.
§ 37:1262(3) (2019). Because
Respondent cannot engage in the
practice of medicine as defined above,
Respondent clearly cannot ‘‘dispense’’ 7
or ‘‘administer,’’ 8 as those terms are
defined by the CSA, any drugs in the
course of his professional practice. 21
U.S.C. 802(10) and (2).
Similarly, because Respondent is not
licensed to practice medicine in
Louisiana, he is not a ‘‘practitioner’’
authorized to write ‘‘prescriptions’’ as
defined by the Louisiana Pharmacy
Practice Act.9 LA Stat. Ann.
7 ‘‘Dispense’’ under the CSA, ‘‘means to deliver a
controlled substance to an ultimate user or research
subject by, or pursuant to the lawful order of, a
practitioner, including the prescribing and
administering of a controlled substance . . .’’ 21
U.S.C. 802(10). Louisiana’s use of the words
‘‘treating, curing . . . by drug’’ and ‘‘whether such
drug is . . . used by the patient’’ appears analogous
to the CSA’s use of ‘‘dispense.’’ La. Stat. Ann.
§ 37:1262(3) (2019).
8 ‘‘Administer’’ under the CSA, ‘‘refers to the
direct application of a controlled substance to the
body of a patient . . . by . . . a practitioner
. . . . .’’ 21 U.S.C. 802(2). Louisiana’s use of the
words ‘‘whether such drug . . . is applied to . . .
the patient’’ appears analogous to the CSA’s use of
‘‘administer.’’ La. Stat. Ann. § 37:1262(3) (2019).
9 According to Louisiana’s Board of Pharmacy
online records, of which I take official notice,
Respondent also does not currently hold a valid
controlled dangerous substance license as a
practitioner in Louisiana, which is required to
prescribe controlled dangerous substances pursuant
to La Stat. Ann. § 40:973(A)(1) (2019). Louisiana’s
Board of Pharmacy License Lookup, https://
secure.pharmacy.la.gov/Lookup/
LicenseLookup.aspx (last visited March 13, 2020).
Louisiana’s online records show that license
Number CDS.017534–MD (license type—CDS
License—Physician) assigned to Gregory Louis
PO 00000
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Fmt 4703
Sfmt 4703
19029
§§ 37:1164(45) and (47) (2019). A
‘‘practitioner’’ means ‘‘an individual
currently licensed, registered, or
otherwise authorized by the appropriate
licensing board to prescribe and
administer drugs in the course of
professional practice.’’ La. Stat. Ann.
§ 37:1164(45) (2019). Furthermore, a
‘‘Prescription’’ or ‘‘prescription drug
order’’ means ‘‘an order from a
practitioner authorized by law to
prescribe for a drug or device that is
patient-specific and is communicated by
any means to a pharmacist in a
permitted pharmacy . . . .’’ La. Stat.
Ann. § 37:1164(47) (2019). As discussed
above, without a Louisiana medical
license, Respondent cannot prescribe or
dispense controlled substances.
Here, the undisputed evidence in the
record is that Respondent’s license to
practice medicine in Louisiana has been
suspended; and therefore, Respondent
currently lacks authority to
manufacture, distribute, prescribe, or
dispense controlled substances in
Louisiana. Therefore, Respondent is not
eligible to maintain a DEA registration.
Accordingly, I will order that
Respondent’s DEA registration be
revoked.
Order
Pursuant to 28 CFR 0.100(b) and the
authority vested in me by 21 U.S.C.
824(a), I hereby revoke DEA Certificate
of Registration No. BM0671481 issued
to Gregory L. Molden. Further, pursuant
to 28 CFR 0.100(b) and the authority
vested in me by 21 U.S.C. 823(f), I
hereby deny any pending application of
Gregory L. Molden to renew or modify
this registration, as well as any other
application of Gregory L. Molden, for
additional registration in Louisiana.
This Order is effective May 4, 2020.
Dated: March 13, 2020.
Uttam Dhillon,
Acting Administrator.
[FR Doc. 2020–07018 Filed 4–2–20; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Foreign Claims Settlement
Commission
Completion of Claims Adjudication
Program
Foreign Claims Settlement
Commission of the United States, DOJ.
AGENCY:
Molden, M.D., expired on 11/03/2019, and that the
current status is ‘‘Lapsed; not valid for practice.’’ Id.
Similarly, license number PMP.006430–CDS
assigned to Gregory Louis Molden, M.D., has a
current status of ‘‘Lapsed; not valid for practice.’’
Id.
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03APN1
19030
ACTION:
Federal Register / Vol. 85, No. 65 / Friday, April 3, 2020 / Notices
Notice.
ACTION:
This notice announces the
completion date of the claims
adjudication program referred to the
Foreign Claims Settlement Commission
(‘‘Commission’’) by the Department of
State by letter dated October 7, 2014
(the ‘‘Iraq II program’’), involving claims
of United States nationals against the
Republic of Iraq that were settled under
the ‘‘Claims Settlement Agreement
Between the Government of the United
States of America and the Government
of the Republic of Iraq,’’ dated
September 2, 2010. By prior notice, the
Commission announced the
commencement of the Iraq II program
on October 23, 2014 (79 FR 63439).
DATES: The completion date of the Iraq
II program is April 13, 2020.
FOR FURTHER INFORMATION CONTACT:
Brian M. Simkin, Chief Counsel, Foreign
Claims Settlement Commission of the
United States, 441 G St NW, Room 6234,
Washington, DC 20579, Tel. (202) 616–
6975, FAX (202) 616–6993.
SUMMARY:
Notice of Completion of Claims
Adjudication Program
Pursuant to the authority conferred
upon the Secretary of State and the
Commission under subsection 4(a)(1)(C)
of Title I of the International Claims
Settlement Act of 1949 (Pub. L. 455,
81st Cong., approved March 10, 1950, as
amended by Public Law 105–277,
approved October 21, 1998 (22 U.S.C.
1623(a)(1)(C))), the Foreign Claims
Settlement Commission hereby gives
notice that on April 13, 2020, the
Commission will complete the claims
adjudication programs referred to the
Commission by the Department of State
by letter dated October 7, 2014 (the
‘‘Iraq II program’’), involving claims of
United States nationals against the
Republic of Iraq that were settled under
the ‘‘Claims Settlement Agreement
Between the Government of the United
States of America and the Government
of the Republic of Iraq,’’ dated
September 2, 2010.
Brian M. Simkin,
Chief Counsel.
[FR Doc. 2020–06962 Filed 4–2–20; 8:45 am]
jbell on DSKJLSW7X2PROD with NOTICES
BILLING CODE 4410–BA–P
NATIONAL CREDIT UNION
ADMINISTRATION
Agency Information Collection
Activities: Proposed Collection;
Comment Request
National Credit Union
Administration (NCUA).
AGENCY:
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17:45 Apr 02, 2020
Jkt 250001
Notice and request for comment.
The National Credit Union
Administration (NCUA), as part of a
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to comment on the following
extensions of a currently approved
collection, as required by the Paperwork
Reduction Act of 1995.
DATES: Written comments should be
received on or before June 2, 2020 to be
assured consideration.
ADDRESSES: Interested persons are
invited to submit written comments on
the information collection to Mackie
Malaka, National Credit Union
Administration, 1775 Duke Street, Suite
6060, Alexandria, Virginia 22314; Fax
No. 703–519–8579; or Email at
PRAComments@NCUA.gov.
FOR FURTHER INFORMATION CONTACT:
Address requests for additional
information to Mackie Malaka at the
address above or telephone 703–548–
2704.
SUPPLEMENTARY INFORMATION:
OMB Number: 3133–0135.
Title: Authorization Agreement for
Electronic Funds Transfer Payment.
Type of Review: Extension of a
currently approved collection.
Abstract: The NCUA is required
under the Debt Collection Improvement
Act of 1996 to issue payments to credit
unions and all other entities
electronically. The ‘‘Authorization
Agreement for Electronic Funds
Transfer Payment’’ form is used to
maintain up-to-date and accurate
electronic payment data for new and
existing credit unions. NCUA will use
the information to update its vendor
(credit union) electronic routing and
transit data database to enable
transmittal of funds and payments. If
this information is not collected, NCUA
will not be able to make payment
electronically through the Automated
Clearing House (ACH) and will be in
non-compliance with the Debt
Collection Improvement Act of 1996.
Affected Public: Private Sector: Notfor-profit institutions.
Estimated No. of Respondents: 100.
Estimated No. of Responses per
Respondent: 1.
Estimated Total Annual Responses:
100.
Estimated Burden Hours per
Response: 15 mins.
Estimated Total Annual Burden
Hours: 25.
OMB Number: 3133–0166.
Title: Home Mortgage Disclosure Act
(HMDA), 12 CFR 1003 (Reg C).
Type of Review: Extension of a
currently approved collection.
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
Abstract: HMDA was enacted in 1975
and requires most mortgage lenders
lending in metropolitan areas to collect
data about their housing-related lending
activity. The Dodd-Frank Wall Street
Reform and Consumer Protection Act of
2010 transferred rulemaking authority
for HMDA to the Consumer Financial
Protection Bureau (CFPB).
Regulation C, 12 CFR part 1003,
requires financial institutions that meet
certain thresholds to report data
annually about Each application or loan,
including the application date; the
action taken and the date of that action;
the loan amount; the loan type and
purpose; and, if the loan is sold, the
type of purchaser; Each applicant or
borrower, including ethnicity, race, sex,
and income; and Each property,
including location and occupancy
status.
A covered lender generally must
update information quarterly, all
reportable transaction must be recorded
within 30 calendar days after the end of
the calendar quarter in which final
action is taken on a loan application
register (LAR), and must submit the
completed LAR annually to the
appropriate Federal agency by March 1
of the year following the year covered
by the LAR. The Federal Financial
Institutions Examination Council
(FFIEC) then prepares a disclosure
statement from data submitted by the
financial institutions, and provides the
disclosure statement to the financial
institution. Within three business days
of receiving its statement, the financial
institution must make a copy available
at its home office. In addition, within
ten business days of receiving its
disclosure statement, the financial
institution must either: (1) Make the
disclosure statement available in at least
one branch office in every Metropolitan
Statistical Area (MSA) and Metropolitan
Division (Division) where it has an
office or (2) post a notice in at least one
branch office per MSA and Division
where it has an office stating that the
disclosure statement is available upon
written request. A covered lender must
make each public disclosure statement
available to the public for five years.
Each financial institution must retain
its completed LAR for three years and
during that period it must make its LAR
available to the public after redacting
certain information to protect the
privacy of its applicants and borrowers.
Affected Public: Private Sector; Notfor-profit institutions.
Estimated No. of Respondents: 1,108.
Estimated No. of Responses per
Respondent: 1,172.
Estimated Total Annual Responses:
1,298,105.
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03APN1
Agencies
[Federal Register Volume 85, Number 65 (Friday, April 3, 2020)]
[Notices]
[Pages 19029-19030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06962]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Foreign Claims Settlement Commission
Completion of Claims Adjudication Program
AGENCY: Foreign Claims Settlement Commission of the United States, DOJ.
[[Page 19030]]
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces the completion date of the claims
adjudication program referred to the Foreign Claims Settlement
Commission (``Commission'') by the Department of State by letter dated
October 7, 2014 (the ``Iraq II program''), involving claims of United
States nationals against the Republic of Iraq that were settled under
the ``Claims Settlement Agreement Between the Government of the United
States of America and the Government of the Republic of Iraq,'' dated
September 2, 2010. By prior notice, the Commission announced the
commencement of the Iraq II program on October 23, 2014 (79 FR 63439).
DATES: The completion date of the Iraq II program is April 13, 2020.
FOR FURTHER INFORMATION CONTACT: Brian M. Simkin, Chief Counsel,
Foreign Claims Settlement Commission of the United States, 441 G St NW,
Room 6234, Washington, DC 20579, Tel. (202) 616-6975, FAX (202) 616-
6993.
Notice of Completion of Claims Adjudication Program
Pursuant to the authority conferred upon the Secretary of State and
the Commission under subsection 4(a)(1)(C) of Title I of the
International Claims Settlement Act of 1949 (Pub. L. 455, 81st Cong.,
approved March 10, 1950, as amended by Public Law 105-277, approved
October 21, 1998 (22 U.S.C. 1623(a)(1)(C))), the Foreign Claims
Settlement Commission hereby gives notice that on April 13, 2020, the
Commission will complete the claims adjudication programs referred to
the Commission by the Department of State by letter dated October 7,
2014 (the ``Iraq II program''), involving claims of United States
nationals against the Republic of Iraq that were settled under the
``Claims Settlement Agreement Between the Government of the United
States of America and the Government of the Republic of Iraq,'' dated
September 2, 2010.
Brian M. Simkin,
Chief Counsel.
[FR Doc. 2020-06962 Filed 4-2-20; 8:45 am]
BILLING CODE 4410-BA-P