Shahid Masood, M.D.; Decision and Order, 17265-17266 [2023-05807]
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Federal Register / Vol. 88, No. 55 / Wednesday, March 22, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
the proposed collection of information
are encouraged. Your comments should
address one or more of the following
four points:
—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
—Evaluate the accuracy of the agency’s
estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
—Evaluate whether and, if so, how the
quality, utility, and clarity of the
information to be collected can be
enhanced; and
—Minimize the burden of the collection
of information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms
of information technology, e.g.,
permitting electronic submission of
responses.
Overview of this information
collection:
(1) Type of Information Collection:
Revision of a currently approved
collection.
(2) The Title of the Form/Collection:
Initial Suitability Request.
(3) The agency form number, if any,
and the applicable component of the
Department sponsoring the collection:
Form number: ATF 3252.4.
Component: Bureau of Alcohol,
Tobacco, Firearms and Explosives, U.S.
Department of Justice.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract:
Primary: Individuals or households.
Other: None.
Abstract: The Initial Suitability
Request—ATF Form 3252.4 will be used
by ATF’s Confidential Informant (CI)
handlers to collect personally
identifiable information (PII), criminal
history and other background
information, in order to determine an
individual’s suitability to serve as an
ATF CI.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: An estimated 300 respondents
will utilize the form annually, and it
will take each respondent
approximately 120 minutes to complete
their responses.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The estimated annual public
burden associated with this collection is
VerDate Sep<11>2014
16:52 Mar 21, 2023
Jkt 259001
600 hours, which is equal to 300 (total
annual respondents) * 1 (# of responses
per respondent) * 2 hours (120
minutes).
If additional information is required
contact: John Carlson, Department
Clearance Officer, Policy and Planning
Staff, Office of the Chief Information
Officer, United States Department of
Justice, Justice Management Division,
Two Constitution Square, 145 N Street
NE, Mail Stop 3.E–206, Washington, DC
20530.
Dated: March 17, 2023.
John Carlson,
Department Clearance Officer, Policy and
Planning Staff, U.S. Department of Justice.
[FR Doc. 2023–05904 Filed 3–21–23; 8:45 am]
BILLING CODE 4410–FY–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Shahid Masood, M.D.; Decision and
Order
On July 29, 2022, the Drug
Enforcement Administration
(hereinafter, DEA or Government)
issued an Order to Show Cause
(hereinafter, OSC) to Shahid Masood,
M.D. (hereinafter, Registrant). Request
for Final Agency Action (hereinafter,
RFAA), Exhibit (hereinafter, RFAAX) 2
(OSC), at 1, 3. The OSC proposed the
revocation of Registrant’s Certificate of
Registration No. FM7946481 at the
registered address of 667 86th Place,
Downers Grove, IL 60516. Id. at 1. The
OSC alleged that Registrant’s
registration should be revoked because
Registrant is ‘‘currently without
authority to handle controlled
substances in the State of Illinois, the
state in which [he is] registered with
DEA.’’ Id. at 2 (citing 21 U.S.C.
824(a)(3)).1
The Agency makes the following
findings of fact based on the
uncontroverted evidence submitted by
the Government in its RFAA dated
February 7, 2023.2
1 According to Agency records, Registrant’s DEA
Certificate of Registration No. FM7946481 expired
on January 31, 2022, and Registrant’s request for
renewal of his registration was received on January
27, 2022.
2 Based on the Declaration from a DEA Diversion
Investigator, the Agency finds that the
Government’s service of the OSC on Registrant was
adequate. RFAAX 3, at 2–3. Further, based on the
Government’s assertions in its RFAA, the Agency
finds that more than thirty days have passed since
Registrant was served with the OSC and Registrant
has neither requested a hearing nor submitted a
corrective action plan and therefore has waived any
such rights. RFAA, at 2–3; RFAAX 3, at 3; see also
21 CFR 1301.43 and 21 U.S.C. 824(c)(2).
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
17265
Findings of Fact
On November 9, 2021, the State of
Illinois Department of Financial and
Professional Regulation issued an Order
suspending both Registrant’s Illinois
medical license and Registrant’s Illinois
controlled substance license. RFAAX 3,
Attachment B, at 1, 8. According to
Illinois online records, of which the
Agency takes official notice, both
Registrant’s Illinois medical license and
Registrant’s Illinois controlled substance
license are still suspended.3 Illinois
Department of Financial and
Professional Regulation, License
Lookup, https://onlinedfpr.micropact.com/lookup/
licenselookup.aspx (last visited date of
signature of this Order). Accordingly,
the Agency finds that Registrant is not
currently licensed to engage in the
practice of medicine nor in the handling
of controlled substances in Illinois, 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 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 71371
(2011), pet. for rev. denied, 481 F. App’x
826 (4th Cir. 2012); Frederick Marsh
3 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 the Agency’s finding by
filing a properly supported motion for
reconsideration of findings 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 the DEA Office of
the Administrator, Drug Enforcement
Administration at dea.addo.attorneys@dea.gov.
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17266
Federal Register / Vol. 88, No. 55 / Wednesday, March 22, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
Blanton, M.D., 43 FR 27616, 27617
(1978).4
Pursuant to the Illinois Controlled
Substances Act, a ‘‘practitioner’’ means
‘‘a physician licensed to practice
medicine in all its branches . . . or
other person licensed, registered, or
otherwise lawfully permitted by the
United States or this State to distribute,
dispense, conduct research with respect
to, administer or use in teaching or
chemical analysis, a controlled
substance in the course of professional
practice or research.’’ 720 Ill. Comp.
Stat. Ann. 570/102(kk) (2022). Further,
the Illinois Controlled Substances Act
requires that ‘‘[e]very person who
manufactures, distributes, or dispenses
any controlled substances . . . must
obtain a registration issued by the
Department of Financial and
Professional Regulation in accordance
with its rules.’’ Id. at 570/302(a).5
Here, the undisputed evidence in the
record is that Registrant currently lacks
authority to handle controlled
substances in Illinois as both his Illinois
medical license and his Illinois
controlled substance license are
suspended. As already discussed, a
practitioner must hold a valid
controlled substance license to dispense
a controlled substance in Illinois. Thus,
because Registrant lacks state authority
to handle controlled substances,
Registrant is not eligible to maintain a
4 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(g)(1) (this section,
formerly § 823(f), was redesignated as part of the
Medical Marijuana and Cannabidiol Research
Expansion Act, Public Law 117–215, 136 Stat. 2257
(2022)). 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 71371
and 71372; 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); Frederick Marsh Blanton, 43
FR 27617.
5 The Illinois Controlled Substances Act also
authorizes the Department of Financial and
Professional Regulation to discipline a practitioner
holding a controlled substance license, stating that
‘‘[a] registration under Section 303 to manufacture,
distribute, or dispense a controlled substance . . .
may be denied, refused renewal, suspended, or
revoked by the Department of Financial and
Professional Regulation.’’ Id. at 570/304(a).
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16:52 Mar 21, 2023
Jkt 259001
DEA registration. Accordingly, the
Agency 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. FM7946481 issued to
Shahid Masood, M.D. Further, pursuant
to 28 CFR 0.100(b) and the authority
vested in me by 21 U.S.C. 823(g)(1), I
hereby deny any pending applications
of Shahid Masood, M.D., to renew or
modify this registration, as well as any
other pending application of Shahid
Masood, M.D., for additional
registration in Illinois. This Order is
effective April 21, 2023.
Signing Authority
This document of the Drug
Enforcement Administration was signed
on March 15, 2023, by Administrator
Anne Milgram. That document with the
original signature and date is
maintained by DEA. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DEA Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
DEA. This administrative process in no
way alters the legal effect of this
document upon publication in the
Federal Register.
Heather Achbach,
Federal Register Liaison Officer, Drug
Enforcement Administration.
[FR Doc. 2023–05807 Filed 3–21–23; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 23–8]
Heather M. Entrekin, DVM; Decision
and Order
On August 9, 2022, the Drug
Enforcement Administration (DEA or
Government) issued an Order to Show
Cause (OSC) to Heather M. Entrekin,
DVM (Respondent). OSC, at 1, 3. The
OSC proposed the revocation of
Respondent’s Certificate of
Registration 1 because Respondent is
‘‘without authority to handle controlled
substances in the State of Alabama, the
1 Registration No. FE4914164 at the registered
address of 1360 Montgomery Hwy., Ste. 114,
Vestavia Hills, AL 35216–2750. Id. at 1.
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Frm 00090
Fmt 4703
Sfmt 4703
state in which [she is] registered with
DEA.’’ Id. at 2.
Respondent timely requested a
hearing; thereafter, the Government
filed and the Chief Administrative Law
Judge (CALJ) granted a Motion for
Summary Disposition recommending
the revocation of Respondent’s
registration. Order Granting the
Government’s Motion for Summary
Disposition and Recommended Rulings,
Findings of Fact, Conclusions of Law,
and Decision of the Administrative Law
Judge (Recommended Decision or RD),
at 5–7. Respondent did not file
exceptions to the RD. Having reviewed
the entire record, the Agency adopts and
hereby incorporates by reference the
entirety of the CALJ’s rulings, findings
of fact, conclusions of law, and
recommended sanction and summarizes
and expands upon portions thereof
herein.
Findings of Fact
On May 19, 2022, the Alabama Board
of Veterinary Examiners issued an Order
that suspended Respondent’s Alabama
controlled substance license. RD, at 4;
see also Government’s Motion for
Summary Disposition, Exhibit (GX) 2,
Attachment A, at 1. As of November 22,
2022, Respondent’s Alabama controlled
substance license was still suspended.
RD, at 4; GX 2, Attachment B.2
Accordingly, the Agency finds that
Respondent is not currently licensed to
handle controlled substances in
Alabama, the state in which she 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 (CSA) ‘‘upon a finding
that the registrant . . . has had his State
license or registration suspended . . .
2 The Agency has no indication that the status of
Respondent’s license (which is not publically
available information) has changed. Prior to the
issuance of the RD, Respondent acknowledged that
her license was suspended. See Respondent’s
Response, at 3–4. Following the issuance of the RD,
Respondent did not file any Exceptions to indicate
that her license had been restored, nor has the
Agency to date received any correspondence from
Respondent regarding any changes to the status of
her license. Accordingly, the Agency finds that
Respondent’s Alabama controlled substance license
remains suspended as of the date of signature of
this Order. Respondent may dispute the Agency’s
finding by filing a motion for reconsideration of
findings of fact within fifteen calendar days of the
date of this Order with supporting documentation
(showing that Respondent was able to dispense
controlled substances on or before the date of this
Order). Any such motion and response shall be
filed and served by email to the other party and to
the DEA Office of the Administrator, Drug
Enforcement Administration at
dea.addo.attorneys@dea.gov.
E:\FR\FM\22MRN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Notices]
[Pages 17265-17266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05807]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Shahid Masood, M.D.; Decision and Order
On July 29, 2022, the Drug Enforcement Administration (hereinafter,
DEA or Government) issued an Order to Show Cause (hereinafter, OSC) to
Shahid Masood, M.D. (hereinafter, Registrant). Request for Final Agency
Action (hereinafter, RFAA), Exhibit (hereinafter, RFAAX) 2 (OSC), at 1,
3. The OSC proposed the revocation of Registrant's Certificate of
Registration No. FM7946481 at the registered address of 667 86th Place,
Downers Grove, IL 60516. Id. at 1. The OSC alleged that Registrant's
registration should be revoked because Registrant is ``currently
without authority to handle controlled substances in the State of
Illinois, the state in which [he is] registered with DEA.'' Id. at 2
(citing 21 U.S.C. 824(a)(3)).\1\
---------------------------------------------------------------------------
\1\ According to Agency records, Registrant's DEA Certificate of
Registration No. FM7946481 expired on January 31, 2022, and
Registrant's request for renewal of his registration was received on
January 27, 2022.
---------------------------------------------------------------------------
The Agency makes the following findings of fact based on the
uncontroverted evidence submitted by the Government in its RFAA dated
February 7, 2023.\2\
---------------------------------------------------------------------------
\2\ Based on the Declaration from a DEA Diversion Investigator,
the Agency finds that the Government's service of the OSC on
Registrant was adequate. RFAAX 3, at 2-3. Further, based on the
Government's assertions in its RFAA, the Agency finds that more than
thirty days have passed since Registrant was served with the OSC and
Registrant has neither requested a hearing nor submitted a
corrective action plan and therefore has waived any such rights.
RFAA, at 2-3; RFAAX 3, at 3; see also 21 CFR 1301.43 and 21 U.S.C.
824(c)(2).
---------------------------------------------------------------------------
Findings of Fact
On November 9, 2021, the State of Illinois Department of Financial
and Professional Regulation issued an Order suspending both
Registrant's Illinois medical license and Registrant's Illinois
controlled substance license. RFAAX 3, Attachment B, at 1, 8. According
to Illinois online records, of which the Agency takes official notice,
both Registrant's Illinois medical license and Registrant's Illinois
controlled substance license are still suspended.\3\ Illinois
Department of Financial and Professional Regulation, License Lookup,
https://online-dfpr.micropact.com/lookup/licenselookup.aspx (last
visited date of signature of this Order). Accordingly, the Agency finds
that Registrant is not currently licensed to engage in the practice of
medicine nor in the handling of controlled substances in Illinois, the
state in which he is registered with the DEA.
---------------------------------------------------------------------------
\3\ 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 the Agency's finding
by filing a properly supported motion for reconsideration of
findings 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 the DEA Office of the Administrator,
Drug Enforcement Administration at [email protected].
---------------------------------------------------------------------------
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 71371 (2011), pet. for rev. denied, 481 F. App'x 826 (4th
Cir. 2012); Frederick Marsh
[[Page 17266]]
Blanton, M.D., 43 FR 27616, 27617 (1978).\4\
---------------------------------------------------------------------------
\4\ 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(g)(1) (this
section, formerly Sec. 823(f), was redesignated as part of the
Medical Marijuana and Cannabidiol Research Expansion Act, Public Law
117-215, 136 Stat. 2257 (2022)). 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 71371 and 71372; 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);
Frederick Marsh Blanton, 43 FR 27617.
---------------------------------------------------------------------------
Pursuant to the Illinois Controlled Substances Act, a
``practitioner'' means ``a physician licensed to practice medicine in
all its branches . . . or other person licensed, registered, or
otherwise lawfully permitted by the United States or this State to
distribute, dispense, conduct research with respect to, administer or
use in teaching or chemical analysis, a controlled substance in the
course of professional practice or research.'' 720 Ill. Comp. Stat.
Ann. 570/102(kk) (2022). Further, the Illinois Controlled Substances
Act requires that ``[e]very person who manufactures, distributes, or
dispenses any controlled substances . . . must obtain a registration
issued by the Department of Financial and Professional Regulation in
accordance with its rules.'' Id. at 570/302(a).\5\
---------------------------------------------------------------------------
\5\ The Illinois Controlled Substances Act also authorizes the
Department of Financial and Professional Regulation to discipline a
practitioner holding a controlled substance license, stating that
``[a] registration under Section 303 to manufacture, distribute, or
dispense a controlled substance . . . may be denied, refused
renewal, suspended, or revoked by the Department of Financial and
Professional Regulation.'' Id. at 570/304(a).
---------------------------------------------------------------------------
Here, the undisputed evidence in the record is that Registrant
currently lacks authority to handle controlled substances in Illinois
as both his Illinois medical license and his Illinois controlled
substance license are suspended. As already discussed, a practitioner
must hold a valid controlled substance license to dispense a controlled
substance in Illinois. Thus, because Registrant lacks state authority
to handle controlled substances, Registrant is not eligible to maintain
a DEA registration. Accordingly, the Agency 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.
FM7946481 issued to Shahid Masood, M.D. Further, pursuant to 28 CFR
0.100(b) and the authority vested in me by 21 U.S.C. 823(g)(1), I
hereby deny any pending applications of Shahid Masood, M.D., to renew
or modify this registration, as well as any other pending application
of Shahid Masood, M.D., for additional registration in Illinois. This
Order is effective April 21, 2023.
Signing Authority
This document of the Drug Enforcement Administration was signed on
March 15, 2023, by Administrator Anne Milgram. That document with the
original signature and date is maintained by DEA. For administrative
purposes only, and in compliance with requirements of the Office of the
Federal Register, the undersigned DEA Federal Register Liaison Officer
has been authorized to sign and submit the document in electronic
format for publication, as an official document of DEA. This
administrative process in no way alters the legal effect of this
document upon publication in the Federal Register.
Heather Achbach,
Federal Register Liaison Officer, Drug Enforcement Administration.
[FR Doc. 2023-05807 Filed 3-21-23; 8:45 am]
BILLING CODE 4410-09-P
