Tareq A. Khedir Al-Tiae, M.D.; Decision and Order, 32282-32284 [2021-12755]
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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.,
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);
Bobby Watts, M.D., 53 FR 11,919, 11,920
(1988); Frederick Marsh Blanton, 43 FR
at 27,617.
According to Florida statute, ‘‘A
practitioner, in good faith and in the
course of his or her professional practice
only, may prescribe, administer, [or]
dispense . . . a controlled substance.’’
Fla. Stat. Ann. § 893.05(1)(a) (West,
Current with laws of the 2021 First
Regular Session of the Twenty-Seventh
Legislature in effect through May 25,
2021). Further, ‘‘practitioner,’’ as
defined by Florida statute, includes ‘‘a
physician licensed under chapter 458.’’
3 Fla. Stat. Ann. § 893.02(23) (West,
Current with laws of the 2021 First
Regular Session of the Twenty-Seventh
Legislature in effect through May 25,
2021).
Here, the undisputed evidence in the
record is that Registrant’s license to
practice medicine is currently revoked.
As such, he is not a ‘‘practitioner’’ as
that term is defined by Florida statute.
As already discussed, however, a
physician must be a practitioner to
dispense a controlled substance in
Florida. Thus, because Registrant lacks
authority to practice medicine in
Florida, he is not currently authorized
to handle controlled substances in
Florida.
B. Registrant’s Felony Conviction
Pursuant to section 304(a)(2) of the
CSA, the Attorney General is authorized
to suspend or revoke a registration
‘‘upon a finding that the registrant . . .
has been convicted of a felony under
this subchapter or subchapter II of this
chapter or any other law of the United
States . . . relating to any substance
3 Chapter
458 regulates medical practice.
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defined in this subchapter as a
controlled substance or a list I
chemical.’’ 21 U.S.C. 824(a)(2). Each
subsection of Section 824(a) provides an
independent ground to impose a
sanction on a registrant. Arnold E.
Feldman, M.D., 82 FR 39,614, 39,617
(2017).
Here, there is no dispute in the record
that Registrant has been convicted of
conspiracy to possess with intent to
distribute furanyl fentanyl resulting in
death, in violation of 21 U.S.C. 846;
distribution of furanyl fentanyl resulting
in death, in violation of 21 U.S.C.
841(a)(1); attempt to possess with intent
to distribute acetyl fentanyl, in violation
of 21 U.S.C. 846; possession with intent
to distribute oxycodone, in violation of
21 U.S.C. 841(a)(1); and conspiracy to
possess with intent to distribute
hydrocodone and oxycodone, in
violation of 21 U.S.C. 846, which
constitutes a felony conviction ‘‘relating
to’’ controlled substances as those terms
are defined in 21 U.S.C. 824(a)(2). 21
U.S.C. 846 and 841(a)(1); William J.
O’Brien, III, D.O., 82 FR 46,527, 46,529
(2017).
Where, as here, the Government has
met its prima facie burden of showing
that two grounds for revocation exist,
the burden shifts to the Registrant to
show why he can be entrusted with a
registration. See Jeffrey Stein, M.D., 84
FR 46,968, 46,972 (2019). Registrant, as
already discussed, failed to respond in
any way to the OSC. See RFAA, at 6.
Therefore, among other things,
Registrant has not accepted
responsibility for his criminality, shown
any remorse for it, or provided any
assurance that he would not repeat it.
See Jeffrey Stein, M.D., 84 FR at 46,972–
74. Such silence weighs against the
Registrant’s continued registration. Zvi
H. Perper, M.D., 77 FR 64,131 64,142
(2012) (citing Medicine ShoppeJonesborough, 73 FR 264, 387 (2008);
Samuel S. Jackson, 72 FR 23,848, 23,853
(2007)); see also Jones Total Health Care
Pharmacy, LLC v. Drug Enf’t Admin.,
881 F3d. 823, 831 (11th Cir. 2018) (‘‘ ‘An
agency rationally may conclude that
past performance is the best predictor of
future performance.’ ’’ (quoting Alra
Laboratories, Inc. v. Drug Enf’t Admin.,
54 F.3d 450, 452 (7th Cir. 1995))).
Further, the CSA authorizes the
Attorney General to ‘‘promulgate and
enforce any rules, regulations, and
procedures which he may deem
necessary and appropriate for the
efficient execution of his functions
under this subchapter.’’ 21 U.S.C.
871(b). This authority specifically
relates ‘‘to ‘registration’ and ‘control,’
and ‘for the efficient execution of his
functions’ under the statute.’’ Gonzales
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
v. Oregon, 546 U.S. 243, 259 (2006). A
clear purpose of this authority is to
‘‘bar[] doctors from using their
prescription-writing powers as a means
to engage in illicit drug dealing and
trafficking . . . .’’ Id. at 270. In this
case, Registrant has demonstrated the
precise behavior that the Agency’s
authority is intended to prevent by
engaging in outright drug dealing with
appalling disregard for the value of
human life. Registrant’s behavior is ‘‘so
obviously egregious that revocation is
warranted.’’ William J. O’Brien, III, D.O.,
82 FR at 46,529.
Based on the record before me, I
conclude that Registrant’s founded
criminality and lack of state authority to
handle controlled substances in his state
of DEA registration each make him
ineligible to maintain a DEA
registration. Accordingly, I shall order
the sanctions the Government
requested, as contained in the Order
below.
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. BB3725732 issued to
Johnny C. Benjamin, Jr., M.D. 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 Johnny C. Benjamin, Jr.,
M.D. to renew or modify this
registration, as well as any other
pending application of Johnny C.
Benjamin, Jr., M.D. for additional
registration in Florida. This Order is
effective July 19, 2021.
D. Christopher Evans,
Acting Administrator.
[FR Doc. 2021–12753 Filed 6–16–21; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Tareq A. Khedir Al-Tiae, M.D.; Decision
and Order
On February 11, 2021, the Assistant
Administrator, Diversion Control
Division, Drug Enforcement
Administration (hereinafter,
Government), issued an Order to Show
Cause (hereinafter, OSC) to Tareq A.
Khedir Al-Tiae, M.D. (hereinafter,
Registrant) of Lincoln, NE. OSC at 1.
The OSC proposed the revocation of
Registrant’s Certificate of Registration
No. FK4149882. It alleged that
Registrant is without ‘‘authority to
handle controlled substances in the
State of Nebraska, the state in which
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[Registrant is] registered with DEA.’’ Id.
at 2 (citing 21 U.S.C. 824(a)(3)).
Specifically, the OSC alleged that the
Nebraska Department of Health and
Human Services suspended Registrant’s
Nebraska medical license on July 1,
2020. Id. According to the OSC,
Registrant’s Nebraska medical license
subsequently expired on October 1,
2020. Id.
The OSC notified Registrant of the
right to request a hearing on the
allegations or to submit a written
statement, while waiving the right to a
hearing, the procedures for electing each
option, and the consequences for failing
to elect either option. Id. (citing 21 CFR
1301.43). The OSC also notified
Registrant of the opportunity to submit
a corrective action plan. Id. at 3 (citing
21 U.S.C. 824(c)(2)(C)).
Adequacy of Service
In a Declaration dated May 10, 2021,
a Diversion Investigator (hereinafter, the
DI) assigned to the Omaha Division
stated that on February 26, 2021, he
attempted to call Registrant at the phone
number that Registrant provided to
DEA, but received no answer and left a
voice mail urging Registrant to return
the call. Amended Request for Final
Agency Action dated May 21, 2021
(hereinafter, RFAA), Exhibit
(hereinafter, RFAAX) 2 at 1–2. The DI
stated that on the same day, he travelled
to the address that Registrant provided
to DEA as his registered and ‘‘mail to’’
address, 4211 N 8th Cir., Lincoln, NE
68521–4805. Id. at 2. The DI stated that
nobody answered the door and he left
a business card with instructions for
Registrant to contact him. Id. The DI
stated that he then traveled to an
address in Grand Island, NE, which was
‘‘another address where [the DI]
believed [Registrant] may be residing.’’
Id. The DI stated that again, nobody
answered the door and he left a business
card with instructions for Registrant to
contact him. Id. The DI went on to
describe how on March 2, 2021, and
March 7, 2021, he made a second and
third visit to Registrant’s registered and
‘‘mail to’’ address. Id. The DI stated that
both times, nobody answered the door
and he left additional business cards
with instructions for Registrant to call
him, but the DI never received a return
call. Id.
The DI then described how on March
9, 2021, he again called Registrant at the
phone number that Registrant had
provided to DEA. Id. The DI stated that
although someone answered the phone,
‘‘as soon as [the DI] identified [himself]
and stated that [the DI] was looking for
[Registrant], the person [on the phone]
stated that [the DI] had reached the
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wrong phone number, denied that he
was the [Registrant], and then hung up.’’
Id. The DI then stated that following the
phone call, he sent Registrant an email
at the email address Registrant had
provided to DEA. Id. The DI stated that
on March 11, 2021, he emailed a copy
of the OSC to the same email address.
Id. The DI concluded that Registrant did
not respond to either email, did not
return any of the DI’s calls, and did not
respond to any of the messages that the
DI left at the two addresses described
above. Id.
The Government forwarded its
RFAA,1 along with the evidentiary
record, to this office on May 21, 2021.
In its RFAA, the Government represents
that ‘‘more than thirty days have passed
since the [OSC] was served on
[Registrant] and no request for hearing
has been received by DEA. RFAA, at 1.
The Government requests that
Registrant’s ‘‘DEA Certificate of
Registration as a practitioner be revoked
and his application for renewal denied,
based on the [Registrant’s] lack of state
authority.’’ Id. at 6.
Based on the DI’s Declaration, the
Government’s written representations,
and my review of the record, I find that
the Government accomplished service
of the OSC on Registrant on (or before)
March 11, 2021. I also find that more
than thirty days have now passed since
the Government accomplished service
of the OSC. Further, based on the
Government’s written representations, I
find that neither Registrant, nor anyone
purporting to represent the Registrant,
requested a hearing, submitted a written
statement while waiving Registrant’s
right to a hearing, or submitted a
corrective action plan. Accordingly, I
find that Registrant has waived the right
to a hearing and the right to submit a
written statement and corrective action
plan. 21 CFR 1301.43(d) and 21 U.S.C.
824(c)(2)(C). I, therefore, issue this
Decision and Order based on the record
submitted by the Government, which
constitutes the entire record before me.
21 CFR 1301.43(e).
Findings of Fact
Registrant’s DEA Registration
Registrant is the holder of DEA
Certificate of Registration No.
FK4149882 at the registered address of
4211 N 8th Cir., Lincoln, NE 68521–
4805. RFAAX 4. Pursuant to this
registration, Registrant is authorized to
dispense controlled substances in
schedules II through V as a practitioner.
1 The Government provided a Certificate of
Service that stated that the RFAA was served via
Registrant’s registered address by mail and also via
his email address on May 21, 2021. RFAA, at 7.
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
32283
Id. Registrant’s registration expires on
December 31, 2022, and is in ‘‘active
pending’’ status. Id.
The Status of Registrant’s State License
On July 1, 2020, the Nebraska
Department of Health and Human
Services suspended Registrant’s
Nebraska medical license. RFAAX 3. On
October 1, 2020, Registrant’s Nebraska
medical license expired. Id.
According to Nebraska’s online
records, of which I take official notice,
Registrant’s license remains
suspended.2 Nebraska Department of
Health and Human Services License
Information System Search, https://
www.nebraska.gov/LISSearch/search.cgi
(last visited date of signature of this
Order). Nebraska’s online records show
that Registrant’s medical license
remains suspended and that Registrant
is not authorized in Nebraska to practice
medicine. Id. Accordingly, I find that
Registrant is not currently licensed to
engage in the practice of medicine in
Nebraska, the State in which Registrant
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 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 F. App’x
826 (4th Cir. 2012); Frederick Marsh
2 Under the Administrative Procedure Act, an
agency ‘‘may take official notice of facts at any stage
in a proceeding—even in the final decision.’’
United States Department of Justice, Attorney
General’s Manual on the Administrative Procedure
Act 80 (1947) (Wm. W. Gaunt & Sons, Inc., Reprint
1979). Pursuant to 5 U.S.C. 556(e), ‘‘[w]hen an
agency decision rests on official notice of a material
fact not appearing in the evidence in the record, a
party is entitled, on timely request, to an
opportunity to show the contrary.’’ Accordingly,
Registrant may dispute my finding by filing a
properly supported motion for reconsideration of
finding of fact within fifteen calendar days of the
date of this Order. Any such motion and response
shall be filed and served by email to the other party
and to Office of the Administrator, Drug
Enforcement Administration at
dea.addo.attorneys@dea.usdoj.gov.
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32284
Federal Register / Vol. 86, No. 115 / Thursday, June 17, 2021 / Notices
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);
Bobby Watts, M.D., 53 FR 11,919, 11,920
(1988); Frederick Marsh Blanton, 43 FR
at 27,617.
Under Nebraska law, ‘‘[d]ispense
means to deliver a controlled substance
to an ultimate user or a research subject
pursuant to a medical order issued by a
practitioner authorized to prescribe,
including the packaging, labeling, or
compounding necessary to prepare the
controlled substance for such delivery.’’
Neb. Rev. Stat. § 28–401(8) (Westlaw,
Current through legislation effective
May 6, 2021). Further, ‘‘[p]ractitioner
means a physician . . . or any other
person licensed, registered, or otherwise
permitted to distribute, dispense,
prescribe, conduct research with respect
to, or administer a controlled substance
in the course of practice or research in
this state . . . .’’ Id. at § 28–401(21).
Because Registrant is not currently
licensed as a physician, or otherwise
licensed, in Nebraska, he is not
authorized to dispense controlled
substances in Nebraska.
Here, the undisputed evidence in the
record is that Registrant currently lacks
authority to practice medicine in
Nebraska. As already discussed, a
physician must be a licensed
practitioner to dispense a controlled
substance in Nebraska. Thus, because
Registrant lacks authority to practice
medicine in Nebraska and, therefore, is
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18:41 Jun 16, 2021
Jkt 253001
not authorized to handle controlled
substances in Nebraska, Registrant is not
eligible to maintain a DEA registration.
Accordingly, I will order that
Registrant’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. FK4149882 issued to
Tareq A. Khedir Al-Tiae, M.D. 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 Tareq A. Khedir Al-Tiae,
M.D., to renew or modify this
registration, as well as any other
pending application of Tareq A. Khedir
Al-Tiae M.D., for additional registration
in Nebraska. This Order is effective July
19, 2021.
D. Christopher Evans,
Acting Administrator.
[FR Doc. 2021–12755 Filed 6–16–21; 8:45 am]
BILLING CODE 4410–09–P
North Normandy Drive, Petersburg,
Virginia 23805–2380, applied to be
registered as a bulk manufacturer of the
following basic class(es) of controlled
substance(s):
Controlled substance
Methylphenidate ...........
Levomethorphan ...........
Levorphanol ..................
Morphine .......................
Thebaine .......................
Noroxymorphone ..........
Tapentadol ....................
Drug
code
1724
9210
9220
9300
9333
9668
9780
Schedule
II
II
II
II
II
II
II
The company plans to bulk
manufacture the listed controlled
substances for the internal use
intermediates or for sale to its
customers. The company plans to
manufacture the above-listed controlled
substances in bulk for distribution to its
customers. No other activities for these
drug codes are authorized for this
registration.
William T. McDermott,
Assistant Administrator.
[FR Doc. 2021–12812 Filed 6–16–21; 8:45 am]
DEPARTMENT OF JUSTICE
BILLING CODE P
Drug Enforcement Administration
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Docket No. DEA–852]
Bulk Manufacturer of Controlled
Substances Application: AMPAC Fine
Chemicals Virginia, LLC
Drug Enforcement
Administration, Justice.
ACTION: Notice of application.
AGENCY:
PO 00000
Frm 00041
Fmt 4703
Sfmt 4703
Notice of Intent To Grant an Exclusive,
Co-Exclusive or Partially Exclusive
Patent License
National Aeronautics and
Space Administration.
ACTION: Notice of intent to grant
exclusive, co-exclusive or partially
exclusive patent license.
AGENCY:
AMPAC Fine Chemicals
Virginia, LLC. has applied to be
registered as a bulk manufacturer of
basic class(es) of controlled
substance(s). Refer to SUPPLEMENTARY
INFORMATION listed below for further
drug information.
DATES: Registered bulk manufacturers of
the affected basic class(es), and
applicants therefore, may file written
comments on or objections to the
issuance of the proposed registration on
or before August 16, 2021. Such persons
may also file a written request for a
hearing on the application on or before
August 16, 2021.
ADDRESSES: Written comments should
be sent to: Drug Enforcement
Administration, Attention: DEA Federal
Register Representative/DPW, 8701
Morrissette Drive, Springfield, Virginia
22152.
SUPPLEMENTARY INFORMATION: In
accordance with 21 CFR 1301.33(a), this
is notice that on May 5, 2021, AMPAC
Fine Chemicals Virginia, LLC., 2820
SUMMARY:
[Notice: (21–035)]
NASA hereby gives notice of
its intent to grant an exclusive, coexclusive or partially exclusive patent
license to practice the inventions
described and claimed in the patents
and/or patent applications listed in
SUPPLEMENTARY INFORMATION below.
DATES: The prospective exclusive, coexclusive or partially exclusive license
may be granted unless NASA receives
written objections including evidence
and argument, no later than July 2, 2021
that establish that the grant of the
license would not be consistent with the
requirements regarding the licensing of
federally owned inventions as set forth
in the Bayh-Dole Act and implementing
regulations. Competing applications
completed and received by NASA no
later than July 2, 2021 will also be
treated as objections to the grant of the
contemplated exclusive, co-exclusive or
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 115 (Thursday, June 17, 2021)]
[Notices]
[Pages 32282-32284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12755]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Tareq A. Khedir Al-Tiae, M.D.; Decision and Order
On February 11, 2021, the Assistant Administrator, Diversion
Control Division, Drug Enforcement Administration (hereinafter,
Government), issued an Order to Show Cause (hereinafter, OSC) to Tareq
A. Khedir Al-Tiae, M.D. (hereinafter, Registrant) of Lincoln, NE. OSC
at 1. The OSC proposed the revocation of Registrant's Certificate of
Registration No. FK4149882. It alleged that Registrant is without
``authority to handle controlled substances in the State of Nebraska,
the state in which
[[Page 32283]]
[Registrant is] registered with DEA.'' Id. at 2 (citing 21 U.S.C.
824(a)(3)).
Specifically, the OSC alleged that the Nebraska Department of
Health and Human Services suspended Registrant's Nebraska medical
license on July 1, 2020. Id. According to the OSC, Registrant's
Nebraska medical license subsequently expired on October 1, 2020. Id.
The OSC notified Registrant of the right to request a hearing on
the allegations or to submit a written statement, while waiving the
right to a hearing, the procedures for electing each option, and the
consequences for failing to elect either option. Id. (citing 21 CFR
1301.43). The OSC also notified Registrant of the opportunity to submit
a corrective action plan. Id. at 3 (citing 21 U.S.C. 824(c)(2)(C)).
Adequacy of Service
In a Declaration dated May 10, 2021, a Diversion Investigator
(hereinafter, the DI) assigned to the Omaha Division stated that on
February 26, 2021, he attempted to call Registrant at the phone number
that Registrant provided to DEA, but received no answer and left a
voice mail urging Registrant to return the call. Amended Request for
Final Agency Action dated May 21, 2021 (hereinafter, RFAA), Exhibit
(hereinafter, RFAAX) 2 at 1-2. The DI stated that on the same day, he
travelled to the address that Registrant provided to DEA as his
registered and ``mail to'' address, 4211 N 8th Cir., Lincoln, NE 68521-
4805. Id. at 2. The DI stated that nobody answered the door and he left
a business card with instructions for Registrant to contact him. Id.
The DI stated that he then traveled to an address in Grand Island, NE,
which was ``another address where [the DI] believed [Registrant] may be
residing.'' Id. The DI stated that again, nobody answered the door and
he left a business card with instructions for Registrant to contact
him. Id. The DI went on to describe how on March 2, 2021, and March 7,
2021, he made a second and third visit to Registrant's registered and
``mail to'' address. Id. The DI stated that both times, nobody answered
the door and he left additional business cards with instructions for
Registrant to call him, but the DI never received a return call. Id.
The DI then described how on March 9, 2021, he again called
Registrant at the phone number that Registrant had provided to DEA. Id.
The DI stated that although someone answered the phone, ``as soon as
[the DI] identified [himself] and stated that [the DI] was looking for
[Registrant], the person [on the phone] stated that [the DI] had
reached the wrong phone number, denied that he was the [Registrant],
and then hung up.'' Id. The DI then stated that following the phone
call, he sent Registrant an email at the email address Registrant had
provided to DEA. Id. The DI stated that on March 11, 2021, he emailed a
copy of the OSC to the same email address. Id. The DI concluded that
Registrant did not respond to either email, did not return any of the
DI's calls, and did not respond to any of the messages that the DI left
at the two addresses described above. Id.
The Government forwarded its RFAA,\1\ along with the evidentiary
record, to this office on May 21, 2021. In its RFAA, the Government
represents that ``more than thirty days have passed since the [OSC] was
served on [Registrant] and no request for hearing has been received by
DEA. RFAA, at 1. The Government requests that Registrant's ``DEA
Certificate of Registration as a practitioner be revoked and his
application for renewal denied, based on the [Registrant's] lack of
state authority.'' Id. at 6.
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\1\ The Government provided a Certificate of Service that stated
that the RFAA was served via Registrant's registered address by mail
and also via his email address on May 21, 2021. RFAA, at 7.
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Based on the DI's Declaration, the Government's written
representations, and my review of the record, I find that the
Government accomplished service of the OSC on Registrant on (or before)
March 11, 2021. I also find that more than thirty days have now passed
since the Government accomplished service of the OSC. Further, based on
the Government's written representations, I find that neither
Registrant, nor anyone purporting to represent the Registrant,
requested a hearing, submitted a written statement while waiving
Registrant's right to a hearing, or submitted a corrective action plan.
Accordingly, I find that Registrant has waived the right to a hearing
and the right to submit a written statement and corrective action plan.
21 CFR 1301.43(d) and 21 U.S.C. 824(c)(2)(C). I, therefore, issue this
Decision and Order based on the record submitted by the Government,
which constitutes the entire record before me. 21 CFR 1301.43(e).
Findings of Fact
Registrant's DEA Registration
Registrant is the holder of DEA Certificate of Registration No.
FK4149882 at the registered address of 4211 N 8th Cir., Lincoln, NE
68521-4805. RFAAX 4. Pursuant to this registration, Registrant is
authorized to dispense controlled substances in schedules II through V
as a practitioner. Id. Registrant's registration expires on December
31, 2022, and is in ``active pending'' status. Id.
The Status of Registrant's State License
On July 1, 2020, the Nebraska Department of Health and Human
Services suspended Registrant's Nebraska medical license. RFAAX 3. On
October 1, 2020, Registrant's Nebraska medical license expired. Id.
According to Nebraska's online records, of which I take official
notice, Registrant's license remains suspended.\2\ Nebraska Department
of Health and Human Services License Information System Search, https://www.nebraska.gov/LISSearch/search.cgi (last visited date of signature
of this Order). Nebraska's online records show that Registrant's
medical license remains suspended and that Registrant is not authorized
in Nebraska to practice medicine. Id. Accordingly, I find that
Registrant is not currently licensed to engage in the practice of
medicine in Nebraska, the State in which Registrant is registered with
the DEA.
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\2\ Under the Administrative Procedure Act, an agency ``may take
official notice of facts at any stage in a proceeding--even in the
final decision.'' United States Department of Justice, Attorney
General's Manual on the Administrative Procedure Act 80 (1947) (Wm.
W. Gaunt & Sons, Inc., Reprint 1979). Pursuant to 5 U.S.C. 556(e),
``[w]hen an agency decision rests on official notice of a material
fact not appearing in the evidence in the record, a party is
entitled, on timely request, to an opportunity to show the
contrary.'' Accordingly, Registrant may dispute my finding by filing
a properly supported motion for reconsideration of finding of fact
within fifteen calendar days of the date of this Order. Any such
motion and response shall be filed and served by email to the other
party and to Office of the Administrator, Drug Enforcement
Administration at [email protected].
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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 F. App'x 826 (4th
Cir. 2012); Frederick Marsh
[[Page 32284]]
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); Bobby
Watts, M.D., 53 FR 11,919, 11,920 (1988); Frederick Marsh Blanton, 43
FR at 27,617.
Under Nebraska law, ``[d]ispense means to deliver a controlled
substance to an ultimate user or a research subject pursuant to a
medical order issued by a practitioner authorized to prescribe,
including the packaging, labeling, or compounding necessary to prepare
the controlled substance for such delivery.'' Neb. Rev. Stat. Sec. 28-
401(8) (Westlaw, Current through legislation effective May 6, 2021).
Further, ``[p]ractitioner means a physician . . . or any other person
licensed, registered, or otherwise permitted to distribute, dispense,
prescribe, conduct research with respect to, or administer a controlled
substance in the course of practice or research in this state . . . .''
Id. at Sec. 28-401(21). Because Registrant is not currently licensed
as a physician, or otherwise licensed, in Nebraska, he is not
authorized to dispense controlled substances in Nebraska.
Here, the undisputed evidence in the record is that Registrant
currently lacks authority to practice medicine in Nebraska. As already
discussed, a physician must be a licensed practitioner to dispense a
controlled substance in Nebraska. Thus, because Registrant lacks
authority to practice medicine in Nebraska and, therefore, is not
authorized to handle controlled substances in Nebraska, Registrant is
not eligible to maintain a DEA registration. Accordingly, I will order
that Registrant'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.
FK4149882 issued to Tareq A. Khedir Al-Tiae, M.D. 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 Tareq A. Khedir Al-Tiae, M.D.,
to renew or modify this registration, as well as any other pending
application of Tareq A. Khedir Al-Tiae M.D., for additional
registration in Nebraska. This Order is effective July 19, 2021.
D. Christopher Evans,
Acting Administrator.
[FR Doc. 2021-12755 Filed 6-16-21; 8:45 am]
BILLING CODE 4410-09-P
