William Needham, N.P.; Decision and Order, 13199-13200 [2025-04753]

Download as PDF Federal Register / Vol. 90, No. 53 / Thursday, March 20, 2025 / Notices According to Maine statute, ‘‘Unless licensed by the [Board of Licensure in Medicine], an individual may not practice medicine or surgery or a branch of medicine or surgery . . . within the State by diagnosing, relieving in any degree or curing . . . a human disease, ailment, defect or complaint, whether physical or mental . . . by attendance or by advice, or by prescribing or furnishing a drug, medicine, appliance, manipulation, method or a therapeutic agent whatsoever or in any other manner unless otherwise provided by statutes of this State.’’ Me. Rev. Stat. tit. 32, section 3270 (2024). Further, Maine statute states that, ‘‘[a] physician assistant may not render medical services until the physician assistant has applied for and obtained from either the Board of Licensure in Medicine or the Board of Osteopathic Licensure: . . . [a] license, which must be renewed biennially with the board that issued the initial license.’’ Id. section 3270– E(1)(A). Here, the undisputed evidence in the record is that Registrant lacks authority to practice as a physician assistant in Maine because she voluntarily surrendered her Maine physician assistant license to the Maine Board of Licensure in Medicine and her license is now inactive. As discussed above, an individual must be licensed by the Maine Board of Licensure in Medicine to handle controlled substances in Maine. Thus, because Registrant lacks authority to practice as a physician assistant in Maine and, therefore, is not authorized to handle controlled substances in Maine, Registrant is not eligible to maintain a DEA registration. Accordingly, the Agency will order that Registrant’s DEA registration be revoked. ddrumheller on DSK120RN23PROD with NOTICES1 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. MG5136723 issued to Rachel Jackson, P.A. Further, 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, M.D., 76 FR 71371–72; 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, M.D., 43 FR 27617. VerDate Sep<11>2014 19:09 Mar 19, 2025 Jkt 265001 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 Rachel Jackson, P.A., to renew or modify this registration, as well as any other pending application of Rachel Jackson, P.A., for additional registration in Maine. This Order is effective April 21, 2025. Signing Authority This document of the Drug Enforcement Administration was signed on March 13, 2025, by Acting Administrator Derek Maltz. 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. 2025–04752 Filed 3–19–25; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE Drug Enforcement Administration William Needham, N.P.; Decision and Order On May 21, 2024, the Drug Enforcement Administration (DEA or Government) issued an Order to Show Cause (OSC) to William Needham, N.P., of Jackson, Mississippi (Registrant). Request for Final Agency Action (RFAA), Exhibit (RFAAX) 2, at 1, 4. The OSC proposed the revocation of Registrant’s Certificate of Registration No. MN5005788, alleging that Registrant’s registration should be revoked because Registrant is ‘‘currently without authority to prescribe, administer, dispense, or otherwise handle controlled substances in the State of Mississippi, the state in which [he is] registered with DEA.’’ Id. at 2 (citing 21 U.S.C. 824(a)(3)).1 The OSC notified Registrant of his right to file a written request for hearing, 1 According to Agency records, Registrant’s registration expired on December 31, 2024. The fact that a registrant allows his registration to expire during the pendency of an OSC does not impact the Agency’s jurisdiction or prerogative under the Controlled Substances Act (CSA) to adjudicate the OSC to finality. Jeffrey D. Olsen, M.D., 84 FR 68474, 68476–68479 (2019). PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 13199 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 request a hearing. RFAA, at 1.2 ‘‘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), (f), 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 or about December 5, 2023, the State of Mississippi Board of Nursing suspended both Registrant’s Mississippi registered nurse license and Registrant’s Mississippi nurse practitioner license. RFAAX 2, at 2. According to Mississippi online records, of which the Agency takes official notice, both Registrant’s Mississippi registered nurse license and Registrant’s Mississippi nurse practitioner license are revoked and expired.3 State of Mississippi Board of Nursing License Verification, https:// gateway.licensure.msbn.ms.gov/ Verification/search.aspx (last visited 2 Based on the Government’s submissions in its RFAA dated July 8, 2024, the Agency finds that service of the OSC on Registrant was adequate. Specifically, the included Form DEA–12 signed by Registrant indicates that Registrant was personally served a copy of the OSC by DEA officials on May 28, 2024. RFAAX 1, Attachment B. 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 Office of the Administrator, Drug Enforcement Administration at dea.addo.attorneys@dea.gov. E:\FR\FM\20MRN1.SGM 20MRN1 13200 Federal Register / Vol. 90, No. 53 / Thursday, March 20, 2025 / Notices date of signature of this Order). Accordingly, the Agency finds that Registrant is not licensed to practice nursing nor licensed as a nurse practitioner in Mississippi, the state in which he is registered with DEA. Discussion ddrumheller on DSK120RN23PROD with NOTICES1 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. Gonzales v. Oregon, 546 U.S. 243, 270 (2006) (‘‘The Attorney General can register a physician to dispense controlled substances ‘if the applicant is authorized to dispense . . . controlled substances under the laws of the State in which he practices.’ . . . The very definition of a ‘practitioner’ eligible to prescribe includes physicians ‘licensed, registered, or otherwise permitted, by the United States or the jurisdiction in which he practices’ to dispense controlled substances. § 802(21).’’). The Agency has applied these principles consistently. 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).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). 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, M.D., 76 FR 71371–72; Sheran Arden Yeats, 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, M.D., 43 FR 27617. VerDate Sep<11>2014 19:09 Mar 19, 2025 Jkt 265001 According to Mississippi statute, ‘‘dispense’’ means ‘‘to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling or compounding necessary to prepare the substance for that delivery.’’ Miss. Code Ann. section 41–29–105(j) (2024). Further, a ‘‘practitioner’’ means a person ‘‘licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.’’ Id. section 41– 29–105(y)(i). Because Registrant is not currently licensed as a registered nurse, nurse practitioner, or otherwise licensed in Mississippi, he is not authorized to dispense controlled substances in Mississippi. Here, the undisputed evidence in the record is that Registrant currently lacks authority to practice nursing in Mississippi. As already discussed, a person must be a licensed practitioner to dispense a controlled substance in Mississippi. Thus, because Registrant lacks authority to practice nursing in Mississippi and, therefore, is not authorized to handle controlled substances in Mississippi, 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. MN5005788 issued to William Needham, 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 William Needham, N.P., to renew or modify this registration, as well as any other pending application of William Needham, N.P., for additional registration in Mississippi. This Order is effective April 21, 2025. Signing Authority This document of the Drug Enforcement Administration was signed on March 13, 2025, by Acting Administrator Derek Maltz. 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 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 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. 2025–04753 Filed 3–19–25; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE Drug Enforcement Administration Margaret Sprague, M.D.; Decision and Order On July 15, 2024, the Drug Enforcement Administration (DEA or Government) issued an Order to Show Cause (OSC) to Margaret Sprague, M.D., of La Jolla, California (Registrant). Request for Final Agency Action (RFAA), Exhibit (RFAAX) 4, at 1, 4. The OSC proposed the revocation of Registrant’s Certificate of Registration No. FS8371267, alleging that Registrant’s registration should be revoked because Registrant is ‘‘currently without authority to prescribe, administer, dispense, or to otherwise handle controlled substances in the State of California, the state in which [she is] registered with DEA.’’ Id. at 1– 2 (citing 21 U.S.C. 824(a)(3)). The OSC notified Registrant of her right to file 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 2–3 (citing 21 CFR 1301.43). Here, Registrant did not request a hearing. RFAA, at 3.1 ‘‘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 23, 2024, the Agency finds that service of the OSC on Registrant was adequate. On August 2, 2024, Registrant was personally served with the OSC. RFAAX 1, at 1. On September 4, 2024, Registrant filed a ‘‘Response to Order to Show Cause,’’ to which, on the same date, Administrative Law Judge Paul E. Soeffing (the ALJ) issued an Order directing Registrant to file a request for hearing and an Answer to the allegations of the OSC by September 11, 2024. Id. at 1–2; see also RFAAX 2. On September 10, 2024, Registrant filed a ‘‘Request for Extension of Time to File Request for Hearing and Answer,’’ to which the ALJ granted Registrant a two-day extension. RFAAX 1, at 2; see also RFAAX 3. Ultimately, Registrant failed to file a request for hearing or Answer by the new deadline. RFAAX 1, at 2. On September 13, 2024, the ALJ terminated the proceedings. Id. at 3. Further, Registrant was ‘‘deemed to have waived her right to a hearing and [to be] in default.’’ Id. E:\FR\FM\20MRN1.SGM 20MRN1

Agencies

[Federal Register Volume 90, Number 53 (Thursday, March 20, 2025)]
[Notices]
[Pages 13199-13200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04753]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Drug Enforcement Administration


William Needham, N.P.; Decision and Order

    On May 21, 2024, the Drug Enforcement Administration (DEA or 
Government) issued an Order to Show Cause (OSC) to William Needham, 
N.P., of Jackson, Mississippi (Registrant). Request for Final Agency 
Action (RFAA), Exhibit (RFAAX) 2, at 1, 4. The OSC proposed the 
revocation of Registrant's Certificate of Registration No. MN5005788, 
alleging that Registrant's registration should be revoked because 
Registrant is ``currently without authority to prescribe, administer, 
dispense, or otherwise handle controlled substances in the State of 
Mississippi, 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 registration 
expired on December 31, 2024. The fact that a registrant allows his 
registration to expire during the pendency of an OSC does not impact 
the Agency's jurisdiction or prerogative under the Controlled 
Substances Act (CSA) to adjudicate the OSC to finality. Jeffrey D. 
Olsen, M.D., 84 FR 68474, 68476-68479 (2019).
---------------------------------------------------------------------------

    The OSC notified Registrant of his right to file 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 request a hearing. 
RFAA, at 1.\2\ ``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).
---------------------------------------------------------------------------

    \2\ Based on the Government's submissions in its RFAA dated July 
8, 2024, the Agency finds that service of the OSC on Registrant was 
adequate. Specifically, the included Form DEA-12 signed by 
Registrant indicates that Registrant was personally served a copy of 
the OSC by DEA officials on May 28, 2024. 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] 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 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 
or about December 5, 2023, the State of Mississippi Board of Nursing 
suspended both Registrant's Mississippi registered nurse license and 
Registrant's Mississippi nurse practitioner license. RFAAX 2, at 2.
    According to Mississippi online records, of which the Agency takes 
official notice, both Registrant's Mississippi registered nurse license 
and Registrant's Mississippi nurse practitioner license are revoked and 
expired.\3\ State of Mississippi Board of Nursing License Verification, 
https://gateway.licensure.msbn.ms.gov/Verification/search.aspx (last 
visited

[[Page 13200]]

date of signature of this Order). Accordingly, the Agency finds that 
Registrant is not licensed to practice nursing nor licensed as a nurse 
practitioner in Mississippi, the state in which he is registered with 
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 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. 
Gonzales v. Oregon, 546 U.S. 243, 270 (2006) (``The Attorney General 
can register a physician to dispense controlled substances `if the 
applicant is authorized to dispense . . . controlled substances under 
the laws of the State in which he practices.' . . . The very definition 
of a `practitioner' eligible to prescribe includes physicians 
`licensed, registered, or otherwise permitted, by the United States or 
the jurisdiction in which he practices' to dispense controlled 
substances. Sec.  802(21).''). The Agency has applied these principles 
consistently. 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).\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). 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, M.D., 76 FR 71371-72; 
Sheran Arden Yeats, 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, M.D., 43 FR 27617.
---------------------------------------------------------------------------

    According to Mississippi statute, ``dispense'' means ``to deliver a 
controlled substance to an ultimate user or research subject by or 
pursuant to the lawful order of a practitioner, including the 
prescribing, administering, packaging, labeling or compounding 
necessary to prepare the substance for that delivery.'' Miss. Code Ann. 
section 41-29-105(j) (2024). Further, a ``practitioner'' means a person 
``licensed, registered or otherwise permitted to distribute, dispense, 
conduct research with respect to or to administer a controlled 
substance in the course of professional practice or research in this 
state.'' Id. section 41-29-105(y)(i). Because Registrant is not 
currently licensed as a registered nurse, nurse practitioner, or 
otherwise licensed in Mississippi, he is not authorized to dispense 
controlled substances in Mississippi.
    Here, the undisputed evidence in the record is that Registrant 
currently lacks authority to practice nursing in Mississippi. As 
already discussed, a person must be a licensed practitioner to dispense 
a controlled substance in Mississippi. Thus, because Registrant lacks 
authority to practice nursing in Mississippi and, therefore, is not 
authorized to handle controlled substances in Mississippi, 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. 
MN5005788 issued to William Needham, 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 William Needham, N.P., to renew 
or modify this registration, as well as any other pending application 
of William Needham, N.P., for additional registration in Mississippi. 
This Order is effective April 21, 2025.

Signing Authority

    This document of the Drug Enforcement Administration was signed on 
March 13, 2025, by Acting Administrator Derek Maltz. 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. 2025-04753 Filed 3-19-25; 8:45 am]
BILLING CODE 4410-09-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.