Mark Young, M.D.; Decision and Order, 88413-88414 [2023-28016]
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Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Notices
and an admission of the factual
allegations of the [OSC].’’ 21 CFR
1301.43(e).
Further, ‘‘[i]n the event that a
registrant . . . is deemed to be in
default . . . DEA may then file a request
for final agency action with the
Administrator, along with a record to
support its request. In such
circumstances, the Administrator may
enter a default final order pursuant to
[21 CFR] § 1316.67.’’ Id. § 1301.43(f)(1).
Here, the Government has requested
final agency action based on Registrant’s
default pursuant to 21 CFR 1301.43(c),
(f), 1301.46. RFAA, at 3; see also 21 CFR
1316.67.
Findings of Fact
The Agency finds that, in light of
Registrant’s default, the factual
allegations in the OSC are admitted.
According to the OSC, the Colorado
Dental Board issued an Order of
Suspension, effective October 12, 2022,
suspending Registrant from the practice
of dentistry in the state of Colorado.
RFAAX 2, at 2. According to Colorado
online records, of which the Agency
takes official notice, Registrant’s
Colorado dental license remains
suspended.’’ 2 Colorado Division of
Professions and Occupations License
Search, https://apps2.colorado.gov/
dora///licenselookup.aspx (last visited
date of signature of this Order).
Accordingly, the Agency finds that
Registrant is not licensed to practice
dentistry in Colorado, the state in which
he is registered with DEA.
khammond on DSKJM1Z7X2PROD with NOTICES
Discussion
Pursuant to 21 U.S.C. 824(a)(3), the
Attorney General is authorized to
suspend or revoke a registration issued
under 21 U.S.C. 823 ‘‘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, DEA has
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 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 DEA Office of the
Administrator, Drug Enforcement Administration at
dea.addo.attorneys@dea.gov.
VerDate Sep<11>2014
18:15 Dec 20, 2023
Jkt 262001
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, D.O., 76 FR 71371,
71372 (2011), pet. for rev. denied, 481
F. App’x 826 (4th Cir. 2012); Frederick
Marsh Blanton, D.O., 43 FR 27616,
27617 (1978).3
According to Colorado statute,
‘‘[e]very person who manufactures,
distributes, or dispenses any controlled
substance within this state . . . shall
obtain . . . a registration, issued by the
respective licensing board . . . . For
purposes of this section and this article
[ ], ‘registration’ or ‘registered’ means
. . . the licensing of dentists by the
Colorado dental board . . . .’’ Colo.
Rev. Stat. 18–18–302(1) (2023).
Here, the undisputed evidence in the
record is that Registrant lacks authority
to practice dentistry in Colorado. As
discussed above, a dentist must be a
licensed practitioner to dispense a
controlled substance in Colorado. Thus,
because Registrant lacks authority to
practice dentistry in Colorado and,
therefore, is not authorized to handle
controlled substances in Colorado,
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. FP7517456 issued to
Joeseph Potter, D.D.S. Further, pursuant
3 This rule derives from the text of two provisions
of the Controlled Substances Act (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, 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–
72; Sheran Arden Yeates, D.O., 71 FR 39130, 39131
(2006); Dominick A. Ricci, D.O., 58 FR 51104, 51105
(1993); Bobby Watts, D.O., 53 FR 11919, 11920
(1988); Frederick Marsh Blanton, 43 FR 27617.
PO 00000
Frm 00054
Fmt 4703
Sfmt 4703
88413
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 Joeseph Potter, D.D.S, to renew or
modify this registration, as well as any
other pending application of Joeseph
Potter, D.D.S., for additional registration
in Colorado. This Order is effective
January 22, 2024.
Signing Authority
This document of the Drug
Enforcement Administration was signed
on December 12, 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. 2023–28013 Filed 12–20–23; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Mark Young, M.D.; Decision and Order
On July 14, 2023, the Drug
Enforcement Administration (DEA or
Government) issued an Order to Show
Cause (OSC) to Mark R. Young, M.D.
(Registrant). Request for Final Agency
Action (RFAA), Exhibit (RFAAX) 2, at 1,
3. The OSC proposed the revocation of
Registrant’s Certificate of Registration
No. BY9053240 at the registered address
of 401 23rd Street Suite 207, Glenwood
Springs, Colorado 81601. Id. at 1. The
OSC alleged that Registrant’s
registration should be revoked because
Registrant is ‘‘currently without
authority to prescribe, administer,
dispense, or otherwise handle
controlled substances in Colorado, the
state in which [he is] registered with
DEA.’’ Id. at 2 (citing 21 U.S.C.
824(a)(3)).
The OSC notified Registrant of his
right to file with DEA a written request
for hearing, and that if he failed to file
such a request, he would be deemed to
have waived his right to a hearing and
be in default. Id. (citing 21 CFR
1301.43). Here, Registrant did not
E:\FR\FM\21DEN1.SGM
21DEN1
88414
Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Notices
request a hearing. RFAA, at 1–2.1 ‘‘A
default, unless excused, shall be
deemed to constitute a waiver of the
registrant’s/applicant’s right to a hearing
and an admission of the factual
allegations of the [OSC].’’ 21 CFR
1301.43(e).
Further, ‘‘[i]n the event that a
registrant . . . is deemed to be in
default . . . DEA may then file a request
for final agency action with the
Administrator, along with a record to
support its request. In such
circumstances, the Administrator may
enter a default final order pursuant to
[21 CFR] § 1316.67.’’ Id. § 1301.43(f)(1).
Here, the Government has requested
final agency action based on Registrant’s
default pursuant to 21 CFR 1301.43(c),
(f), 1301.46. RFAA, at 3; see also 21 CFR
1316.67.
Findings of Fact
The Agency finds that, in light of
Registrant’s default, the factual
allegations in the OSC are admitted.
According to the OSC, the Colorado
Medical Board issued an Order of
Suspension, effective April 20, 2023,
suspending Registrant from the practice
of medicine in the state of Colorado.
RFAAX 2, at 2. According to Colorado
online records, of which the Agency
takes official notice, Registrant’s
Colorado physician license remains
suspended.’’ 2 Colorado Division of
Professions and Occupations License
Search, https://apps2.colorado.gov/
dora///licenselookup.aspx (last visited
date of signature of this Order).
Accordingly, the Agency finds that
Registrant is not licensed to practice
medicine in Colorado, the state in
which he is registered with DEA.
khammond on DSKJM1Z7X2PROD with NOTICES
1 Based
on the Government’s submissions in its
RFAA dated September 12, 2023, the Agency finds
that service of the OSC on Registrant was adequate.
Specifically, the Government’s included Notice of
Service of Order to Show Cause includes as an
attachment a Form DEA–12 signed by Registrant
indicating that Registrant was personally served
with the OSC on July 20, 2023. RFAAX 1,
Attachment B.
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 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 DEA Office of the
Administrator, Drug Enforcement Administration at
dea.addo.attorneys@dea.gov.
VerDate Sep<11>2014
18:15 Dec 20, 2023
Jkt 262001
Discussion
Pursuant to 21 U.S.C. 824(a)(3), the
Attorney General is authorized to
suspend or revoke a registration issued
under 21 U.S.C. 823 ‘‘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, 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, D.O., 76 FR 71371,
71372 (2011), pet. for rev. denied, 481
F. App’x 826 (4th Cir. 2012); Frederick
Marsh Blanton, D.O., 43 FR 27616,
27617 (1978).3
According to Colorado statute,
‘‘[e]very person who manufactures,
distributes, or dispenses any controlled
substance within this state . . . shall
obtain . . . a registration, issued by the
respective licensing board . . . . For
purposes of this section and this article
[ ], ‘registration’ or ‘registered’ means
. . . the licensing of physicians by the
Colorado medical board . . . .’’ Colo.
Rev. Stat. 18–18–302(1) (2023).
Here, the undisputed evidence in the
record is that Registrant lacks authority
to practice medicine in Colorado. As
discussed above, a physician must be a
licensed practitioner to dispense a
controlled substance in Colorado. Thus,
because Registrant lacks authority to
practice medicine in Colorado and,
3 This rule derives from the text of two provisions
of the Controlled Substances Act (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, Pub. L. 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, 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–
72; Sheran Arden Yeates, D.O., 71 FR 39130, 39131
(2006); Dominick A. Ricci, D.O., 58 FR 51104, 51105
(1993); Bobby Watts, D.O., 53 FR 11919, 11920
(1988); Frederick Marsh Blanton, 43 FR 27617.
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
therefore, is not authorized to handle
controlled substances in Colorado,
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. BY9053240 issued to
Mark Young, 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 Mark Young, M.D., to renew or
modify this registration, as well as any
other pending application of Mark
Young, M.D., for additional registration
in Colorado. This Order is effective
January 22, 2024.
Signing Authority
This document of the Drug
Enforcement Administration was signed
on December 12, 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. 2023–28016 Filed 12–20–23; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 23–52]
Frank A. Hooper, D.V.M.; Decision and
Order
On June 6, 2023, the Drug
Enforcement Administration (DEA or
Government) issued an Order to Show
Cause (OSC) to Frank A. Hooper, D.V.M.
(Respondent). OSC, at 1, 3. The OSC
proposed the revocation of
Respondent’s DEA Certificate of
Registration No. BH4810518 at the
registered address of 100B Old
Woodruff Road, POB 123, Greer, South
Carolina 29651. Id. at 1. The OSC
alleged that Respondent’s DEA
registration should be revoked because
E:\FR\FM\21DEN1.SGM
21DEN1
]]>Agencies
[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Notices]
[Pages 88413-88414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28016]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Mark Young, M.D.; Decision and Order
On July 14, 2023, the Drug Enforcement Administration (DEA or
Government) issued an Order to Show Cause (OSC) to Mark R. Young, M.D.
(Registrant). Request for Final Agency Action (RFAA), Exhibit (RFAAX)
2, at 1, 3. The OSC proposed the revocation of Registrant's Certificate
of Registration No. BY9053240 at the registered address of 401 23rd
Street Suite 207, Glenwood Springs, Colorado 81601. Id. at 1. The OSC
alleged that Registrant's registration should be revoked because
Registrant is ``currently without authority to prescribe, administer,
dispense, or otherwise handle controlled substances in Colorado, the
state in which [he is] registered with DEA.'' Id. at 2 (citing 21
U.S.C. 824(a)(3)).
The OSC notified Registrant of his right to file with DEA a written
request for hearing, and that if he failed to file such a request, he
would be deemed to have waived his right to a hearing and be in
default. Id. (citing 21 CFR 1301.43). Here, Registrant did not
[[Page 88414]]
request a hearing. RFAA, at 1-2.\1\ ``A default, unless excused, shall
be deemed to constitute a waiver of the registrant's/applicant's right
to a hearing and an admission of the factual allegations of the
[OSC].'' 21 CFR 1301.43(e).
---------------------------------------------------------------------------
\1\ Based on the Government's submissions in its RFAA dated
September 12, 2023, the Agency finds that service of the OSC on
Registrant was adequate. Specifically, the Government's included
Notice of Service of Order to Show Cause includes as an attachment a
Form DEA-12 signed by Registrant indicating that Registrant was
personally served with the OSC on July 20, 2023. RFAAX 1, Attachment
B.
---------------------------------------------------------------------------
Further, ``[i]n the event that a registrant . . . is deemed to be
in default . . . DEA may then file a request for final agency action
with the Administrator, along with a record to support its request. In
such circumstances, the Administrator may enter a default final order
pursuant to [21 CFR] Sec. 1316.67.'' Id. Sec. 1301.43(f)(1). Here,
the Government has requested final agency action based on Registrant's
default pursuant to 21 CFR 1301.43(c), (f), 1301.46. RFAA, at 3; see
also 21 CFR 1316.67.
Findings of Fact
The Agency finds that, in light of Registrant's default, the
factual allegations in the OSC are admitted. According to the OSC, the
Colorado Medical Board issued an Order of Suspension, effective April
20, 2023, suspending Registrant from the practice of medicine in the
state of Colorado. RFAAX 2, at 2. According to Colorado online records,
of which the Agency takes official notice, Registrant's Colorado
physician license remains suspended.'' \2\ Colorado Division of
Professions and Occupations License Search, https://apps2.colorado.gov/dora///licenselookup.aspx (last visited date of signature of this
Order). Accordingly, the Agency finds that Registrant is not licensed
to practice medicine in Colorado, the state in which he is registered
with DEA.
---------------------------------------------------------------------------
\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 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 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 21 U.S.C. 823 ``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, 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, D.O., 76 FR 71371, 71372 (2011), pet. for
rev. denied, 481 F. App'x 826 (4th Cir. 2012); Frederick Marsh Blanton,
D.O., 43 FR 27616, 27617 (1978).\3\
---------------------------------------------------------------------------
\3\ This rule derives from the text of two provisions of the
Controlled Substances Act (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, Pub. L. 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, 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 71371-72; Sheran Arden
Yeates, D.O., 71 FR 39130, 39131 (2006); Dominick A. Ricci, D.O., 58
FR 51104, 51105 (1993); Bobby Watts, D.O., 53 FR 11919, 11920
(1988); Frederick Marsh Blanton, 43 FR 27617.
---------------------------------------------------------------------------
According to Colorado statute, ``[e]very person who manufactures,
distributes, or dispenses any controlled substance within this state .
. . shall obtain . . . a registration, issued by the respective
licensing board . . . . For purposes of this section and this article [
], `registration' or `registered' means . . . the licensing of
physicians by the Colorado medical board . . . .'' Colo. Rev. Stat. 18-
18-302(1) (2023).
Here, the undisputed evidence in the record is that Registrant
lacks authority to practice medicine in Colorado. As discussed above, a
physician must be a licensed practitioner to dispense a controlled
substance in Colorado. Thus, because Registrant lacks authority to
practice medicine in Colorado and, therefore, is not authorized to
handle controlled substances in Colorado, 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.
BY9053240 issued to Mark Young, 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 Mark Young, M.D., to renew or
modify this registration, as well as any other pending application of
Mark Young, M.D., for additional registration in Colorado. This Order
is effective January 22, 2024.
Signing Authority
This document of the Drug Enforcement Administration was signed on
December 12, 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. 2023-28016 Filed 12-20-23; 8:45 am]
BILLING CODE 4410-09-P
