Merry Alice Troupe, N.P.; Decision and Order, 81549-81550 [2024-23170]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Notices 2005, 70 FR 43251 (July 26, 2005). During this period, the Enforcement Respondents would be entitled to continue the activities in the CDOs under bond, except to the extent they are prohibited by the outstanding GEO, in an amount determined by the Commission. The Commission is therefore interested in receiving submissions concerning the amount of the bond that should be imposed if a remedy is ordered. Parties to the investigation, interested government agencies, and any other interested parties are encouraged to file written submissions on the issues of remedy, the public interest, and bonding. Such submissions should address the recommended determination by the ALJ on remedy and bonding. In its initial submission, Complainant is also requested to identify the remedy sought and Complainant and OUII are requested to submit proposed remedial orders for the Commission’s consideration. The initial written submissions and proposed remedial orders must be filed no later than close of business on October 16, 2024. Reply submissions must be filed no later than the close of business on October 23, 2024. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Opening submissions are limited to 25 pages. Reply submissions are limited to 15 pages. No further submissions on any of these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document electronically on or before the deadlines stated above. The Commission’s paper filing requirements in 19 CFR 210.4(f) are currently waived. 85 FR 15798 (Mar. 19, 2020). Submissions should refer to the investigation number (‘‘Inv. No. 337–TA–1232 Enforcement’’) in a prominent place on the cover page and/ or the first page. (See Handbook for Electronic Filing Procedures, https:// www.usitc.gov/documents/handbook_ on_filing_procedures.pdf). Persons with questions regarding filing should contact the Secretary, (202) 205–2000. Any person desiring to submit a document to the Commission in confidence must request confidential treatment by marking each document with a header indicating that the document contains confidential information. This marking will be deemed to satisfy the request procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b) & 210.5(e)(2)). Documents for which confidential treatment by the Commission is properly sought will be VerDate Sep<11>2014 17:23 Oct 07, 2024 Jkt 265001 treated accordingly. Any non-party wishing to submit comments containing confidential information must serve those comments on the parties to the investigation pursuant to the applicable Administrative Protective Order. A redacted non-confidential version of the document must also be filed with the Commission and served on any parties to the investigation within two business days of any confidential filing. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this investigation may be disclosed to and used: (i) by the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements. All nonconfidential written submissions will be available for public inspection on EDIS. The Commission’s vote on this determination took place on October 2, 2024. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: October 2, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–23208 Filed 10–7–24; 8:45 am] BILLING CODE 7020–02–P JOINT BOARD FOR THE ENROLLMENT OF ACTUARIES Renewal of Charter of Advisory Committee on Actuarial Examinations Joint Board for the Enrollment of Actuaries. ACTION: Notice of renewal of advisory committee. AGENCY: The Joint Board for the Enrollment of Actuaries announces the renewal of the charter of the Advisory Committee on Actuarial Examinations. FOR FURTHER INFORMATION CONTACT: Elizabeth Van Osten, at SUMMARY: PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 81549 Elizabeth.j.vanosten@irs.gov or 202– 317–3648. The purpose of the Advisory Committee on Actuarial Examinations (Advisory Committee) is to advise the Joint Board for the Enrollment of Actuaries (Joint Board) on examinations in actuarial mathematics and methodology. The Joint Board administers such examinations in discharging its statutory mandate to enroll individuals who wish to perform actuarial services with respect to pension plans subject to the Employee Retirement Income Security Act of 1974. The Advisory Committee’s functions include, but are not necessarily limited to, considering and recommending examination topics; developing examination questions; recommending proposed examinations; reviewing examination results and recommending pass marks; and as requested by the Joint Board, making recommendations relative to the examination program. SUPPLEMENTARY INFORMATION: (Authority: 5 U.S.C. 1001 et seq.) Dated: October 2, 2024. Joleah M. White, Chair, Joint Board for the Enrollmentof Actuaries. [FR Doc. 2024–23165 Filed 10–7–24; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF JUSTICE Drug Enforcement Administration Merry Alice Troupe, N.P.; Decision and Order On February 14, 2024, the Drug Enforcement Administration (DEA or Government) issued an Order to Show Cause (OSC) to Merry Alice Troupe, N.P., of Tucson, Arizona (Registrant). Request for Final Agency Action (RFAA), Exhibit (RFAAX) 1, at 1, 3. The OSC proposed the revocation of Registrant’s DEA Certificate of Registration No. MT3167384, alleging that Registrant’s registration should be revoked because Registrant is ‘‘currently without authority to handle controlled substances in Arizona, the state in which [she is] registered with DEA.’’ Id. at 2 (citing 21 U.S.C. 824(a)(3)). The OSC notified Registrant of her right to file with DEA a written request for hearing, and that if she failed to file such a request, she would be deemed to have waived her right to a hearing and be in default. Id. at 2 (citing 21 CFR 1301.43). Here, Registrant did not E:\FR\FM\08OCN1.SGM 08OCN1 81550 Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Notices request a hearing. RFAA, at 2.1 ‘‘A default, unless excused, shall be deemed to constitute a waiver of the registrant’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), (d), 1301.46. RFAA, at 1; 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, on June 29, 2023, Registrant voluntarily surrendered her Arizona registered nurse license and her Arizona certified nurse practitioner license. RFAAX 1, at 2. According to Arizona online records, of which the Agency takes official notice, Registrant’s Arizona registered nurse license and Arizona certified nurse practitioner license are both listed as voluntarily surrendered and inactive.2 https:// www.nursys.com/LQC/LQCViewReport. aspx (last visited date of signature of this Order). Accordingly, the Agency finds that Registrant is not licensed to practice as a nurse practitioner or registered nurse in Arizona, the state in which she is registered with DEA. Discussion Pursuant to 21 U.S.C. 824(a)(3), the Attorney General is authorized to ddrumheller on DSK120RN23PROD with NOTICES1 1 Based on the Government’s submissions in its RFAA dated May 6, 2024, the Agency finds that service of the OSC on Registrant was adequate. Specifically, the submitted Declaration from a DEA Diversion Investigator indicates that Registrant was personally served with the OSC on February 14, 2024. RFAAX 2, at 1–2. 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 Office of the Administrator, Drug Enforcement Administration, at dea.addo.attorneys@dea.gov. VerDate Sep<11>2014 17:23 Oct 07, 2024 Jkt 265001 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, M.D., 76 FR 71371, 71372 (2011), pet. for rev. denied, 481 F. App’x 826 (4th Cir. 2012); Frederick Marsh Blanton, M.D., 43 FR 27616, 27617 (1978).3 According to Arizona statute, ‘‘[e]very person who manufactures, distributes, dispenses, prescribes or uses for scientific purposes any controlled substance within th[e] state or who proposes to engage in the manufacture, distribution, prescribing or dispensing of or using for scientific purposes any controlled substance within th[e] state must first: (1) [o]btain and possess a current license or permit as a medical practitioner as defined in § 32–1901 . . .’’ Ariz. Rev. Stat. Ann. section 36– 2522(A) (2024). Section 32–1901 defines a ‘‘[m]edical practitioner’’ as ‘‘any medical doctor . . . or other person who is licensed and authorized by law to use and prescribe drugs and devices to treat sick and injured human beings or animals or to diagnose or prevent sickness in human beings or animals in [Arizona] or any state, territory or district of the United States.’’ Id. section 32–1901. 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). 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 00134 Fmt 4703 Sfmt 9990 Here, the undisputed evidence in the record is that Registrant lacks authority to practice as a nurse practitioner or registered nurse in Arizona. As discussed above, only a licensed medical practitioner can dispense controlled substances in Arizona. Thus, because Registrant lacks authority to practice as a nurse practitioner or registered nurse in Arizona and, therefore, is not currently authorized to handle controlled substances in Arizona, 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. MT3167384 issued to Merry Alice Troupe, N.P. 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 Merry Alice Troupe, N.P., to renew or modify this registration, as well as any other pending application of Merry Alice Troupe, N.P., for additional registration in Arizona. This Order is effective November 7, 2024. Signing Authority This document of the Drug Enforcement Administration was signed on October 1, 2024, 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. 2024–23170 Filed 10–7–24; 8:45 am] BILLING CODE 4410–09–P E:\FR\FM\08OCN1.SGM 08OCN1

Agencies

[Federal Register Volume 89, Number 195 (Tuesday, October 8, 2024)]
[Notices]
[Pages 81549-81550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23170]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Merry Alice Troupe, N.P.; Decision and Order

    On February 14, 2024, the Drug Enforcement Administration (DEA or 
Government) issued an Order to Show Cause (OSC) to Merry Alice Troupe, 
N.P., of Tucson, Arizona (Registrant). Request for Final Agency Action 
(RFAA), Exhibit (RFAAX) 1, at 1, 3. The OSC proposed the revocation of 
Registrant's DEA Certificate of Registration No. MT3167384, alleging 
that Registrant's registration should be revoked because Registrant is 
``currently without authority to handle controlled substances in 
Arizona, the state in which [she is] registered with DEA.'' Id. at 2 
(citing 21 U.S.C. 824(a)(3)).
    The OSC notified Registrant of her right to file with DEA a written 
request for hearing, and that if she failed to file such a request, she 
would be deemed to have waived her right to a hearing and be in 
default. Id. at 2 (citing 21 CFR 1301.43). Here, Registrant did not

[[Page 81550]]

request a hearing. RFAA, at 2.\1\ ``A default, unless excused, shall be 
deemed to constitute a waiver of the registrant'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 May 
6, 2024, the Agency finds that service of the OSC on Registrant was 
adequate. Specifically, the submitted Declaration from a DEA 
Diversion Investigator indicates that Registrant was personally 
served with the OSC on February 14, 2024. RFAAX 2, at 1-2.
---------------------------------------------------------------------------

    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), (d), 1301.46. RFAA, at 1; 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, on 
June 29, 2023, Registrant voluntarily surrendered her Arizona 
registered nurse license and her Arizona certified nurse practitioner 
license. RFAAX 1, at 2. According to Arizona online records, of which 
the Agency takes official notice, Registrant's Arizona registered nurse 
license and Arizona certified nurse practitioner license are both 
listed as voluntarily surrendered and inactive.\2\ https://www.nursys.com/LQC/LQCViewReport.aspx (last visited date of signature 
of this Order). Accordingly, the Agency finds that Registrant is not 
licensed to practice as a nurse practitioner or registered nurse in 
Arizona, the state in which she 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 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, M.D., 76 FR 71371, 71372 (2011), pet. for 
rev. denied, 481 F. App'x 826 (4th Cir. 2012); Frederick Marsh Blanton, 
M.D., 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). 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 Arizona statute, ``[e]very person who manufactures, 
distributes, dispenses, prescribes or uses for scientific purposes any 
controlled substance within th[e] state or who proposes to engage in 
the manufacture, distribution, prescribing or dispensing of or using 
for scientific purposes any controlled substance within th[e] state 
must first: (1) [o]btain and possess a current license or permit as a 
medical practitioner as defined in Sec.  32-1901 . . .'' Ariz. Rev. 
Stat. Ann. section 36-2522(A) (2024). Section 32-1901 defines a 
``[m]edical practitioner'' as ``any medical doctor . . . or other 
person who is licensed and authorized by law to use and prescribe drugs 
and devices to treat sick and injured human beings or animals or to 
diagnose or prevent sickness in human beings or animals in [Arizona] or 
any state, territory or district of the United States.'' Id. section 
32-1901.
    Here, the undisputed evidence in the record is that Registrant 
lacks authority to practice as a nurse practitioner or registered nurse 
in Arizona. As discussed above, only a licensed medical practitioner 
can dispense controlled substances in Arizona. Thus, because Registrant 
lacks authority to practice as a nurse practitioner or registered nurse 
in Arizona and, therefore, is not currently authorized to handle 
controlled substances in Arizona, 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. 
MT3167384 issued to Merry Alice Troupe, N.P. 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 Merry Alice Troupe, N.P., to 
renew or modify this registration, as well as any other pending 
application of Merry Alice Troupe, N.P., for additional registration in 
Arizona. This Order is effective November 7, 2024.

Signing Authority

    This document of the Drug Enforcement Administration was signed on 
October 1, 2024, 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. 2024-23170 Filed 10-7-24; 8:45 am]
BILLING CODE 4410-09-P
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