80_FR_46471 80 FR 46322 - Adeline Davies Essien, M.D.; Decision and Order

80 FR 46322 - Adeline Davies Essien, M.D.; Decision and Order

DEPARTMENT OF JUSTICE
Drug Enforcement Administration

Federal Register Volume 80, Issue 149 (August 4, 2015)

Page Range46322-46323
FR Document2015-19122

Federal Register, Volume 80 Issue 149 (Tuesday, August 4, 2015)
[Federal Register Volume 80, Number 149 (Tuesday, August 4, 2015)]
[Notices]
[Pages 46322-46323]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19122]


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 DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 15-15]


Adeline Davies Essien, M.D.; Decision and Order

    On March 25, 2015, Administrative Law Judge (ALJ) Christopher B. 
McNeil issued the attached Recommended Decision. Neither party filed 
exceptions to the Recommended Decision.
    Having reviewed the record in its entirety, I adopt the ALJ's 
findings of fact, conclusions of law and recommended order.\1\ 
Accordingly, I will order that Respondent's DEA Certificate of 
Registration be revoked and that any pending application to renew or 
modify her registration be denied.
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    \1\ I take official notice of the fact that, according to the 
registration records of the Agency, Respondent retains an active 
registration as of this date. Pursuant to 21 CFR 1316.59(e), 
Respondent may controvert this finding by filing a properly 
supported motion, no later than 10 days from the date of this Order.
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Order

    Pursuant to the authority vested in me by 21 U.S.C. 823(f) and 
824(a)(3), as well as 28 CFR 0.100(b), I order that DEA Certificate of 
Registration BE6969541, issued to Adeline Davies Essien, M.D., be, and 
it hereby is, revoked. I further order that any pending application of 
Adeline Davies Essien, M.D., to renew or modify her registration, be, 
and it hereby is, denied. This Order is effective September 3, 2015.

    Dated: July 27, 2015.
Chuck Rosenberg,
Acting Administrator.

Frank W. Mann, Esq., for the Government.
Thomas P. O'Connell, Esq., for the Respondent.

ORDER GRANTING THE GOVERNMENT'S MOTION FOR SUMMARY DISPOSITION and 
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDED DECISION OF THE 
ADMINISTRATIVE LAW JUDGE

    Administrative Law Judge Christopher B. McNeil. On January 21, 
2015, the Deputy Assistant Administrator of the Drug Enforcement 
Administration (DEA) issued an Order to Show Cause as to why the DEA 
should not revoke DEA Certificate of Registration Number BE6969541 
issued to Adeline Davies Essien, M.D., the Respondent in this matter. 
The Order seeks to revoke Respondent's registration pursuant to 21 
U.S.C. 824(a)(4) and 823(f), and to deny any pending applications for 
renewal or modification of such registration, and deny any applications 
for any new DEA registrations pursuant to 21 U.S.C. 823(f). As grounds 
for denial, the Government alleges that Respondent is ``currently 
without authority to handle controlled substances in the State of 
Illinois, the state in which [Respondent is] registered with the DEA.''
    On February 27, 2015, the DEA's Office of Administrative Law Judges 
received Respondent's written request for a hearing, which is dated 
February 26, 2015. Respondent stated that she objected to the 
Government's allegation regarding Respondent's authority to handle 
controlled substances. Respondent further stated that she ``does have 
authority to practice medicine and handle controlled substances.''
    On March 3, 2015, this Office issued an Order for Briefing on 
Allegations Concerning Respondent's Lack of State Authority, Order for 
Prehearing Statements, and Order Setting the Matter for Hearing. In the 
Order, I mandated that the parties provide briefs regarding the 
allegation that Respondent lacks state authority to handle controlled 
substances no later than 2:00 p.m. on March 17, 2015. In my Order, I 
also provided that responses to any briefs be submitted by no later 
than 2:00 p.m. on March 24, 2015. On March 17, 2015, I timely received 
the Government's Response to Order and Motion for Summary Disposition. 
According to the Government's motion,

[[Page 46323]]

Respondent is without authority to prescribe, administer, or dispense 
controlled substances in the State of Illinois. In its Exhibit One 
attachment, the Government provided evidence that the State of 
Illinois, the jurisdiction where she is licensed to practice medicine 
and where Respondent is registered with the DEA, considers her license 
``Not Renewed'' with an expiration date of July 31, 2014. Additionally, 
the Government in its Exhibit Two attachment provided a sworn 
declaration of Laura Forester, Chief of Medical Prosecutions for the 
Illinois Department of Financial and Professional Regulation, stating 
that Respondent is not currently authorized under Illinois law to 
handle controlled substances. Based on this status, the Government 
moved for a summary disposition of these proceedings as well as a stay 
of these proceedings pending resolution of its Motion for Summary 
Disposition. Finding good cause was shown, I granted an Order Staying 
Proceedings with the exception of the March 24, 2015 deadline for 
Respondent's response to the Government's Motion for Summary 
Disposition.
    Respondent filed a timely response to the Government's Motion for 
Summary Disposition on March 24, 2015. In her response, Respondent 
states that her Illinois State medical license case is pending appeal 
and is therefore not a final disposition. Respondent further attached 
an affidavit affirming that she has a case pending before the Illinois 
Administrative Law Court that is pending appeal. She also attached 
``Exhibit B'' containing a statement from Lillian Walanka, who is 
representing Respondent before the Illinois Administrative Law Court. 
Ms. Walanka again confirms that the case is pending final action by 
Illinois authorities. Ms. Walanka states that although Respondent filed 
a timely renewal application of her controlled substances license, her 
controlled substances license was not renewed pending a Notice of 
Intent to Refuse to Renew by authorities in Illinois.
    The substantial issue raised by the Government rests on an 
undisputed fact. The Government asserts that Respondent's DEA 
Certificate of Registration must be revoked because Respondent does not 
have an active controlled substance registration issued by the state in 
which she practices. Under DEA precedent, a practitioner's DEA 
Certificate of Registration for controlled substances must be summarily 
revoked if the applicant is not authorized to handle controlled 
substances in the state in which she maintains her DEA registration.\2\ 
Pursuant to 21 U.S.C. 823(f), only a ``practitioner'' may receive a DEA 
registration. Under 21 U.S.C. 802(21), a ``practitioner'' must be 
``licensed, registered, or otherwise permitted, by the United States or 
the jurisdiction in which he practices or does research, to distribute 
[or] dispense . . . controlled substance[s.]'' Given this statutory 
language, the DEA Administrator does not have the authority under the 
Controlled Substances Act to maintain a practitioner's registration if 
that practitioner is not authorized to dispense controlled 
substances.\3\
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    \2\ See 21 U.S.C. 801(21), 823(f), 824(a)(3); see also House of 
Medicine, 79 FR 4959, 4961 (DEA Jan. 30, 2014); Deanwood Pharmacy, 
68 FR 41662-01 (DEA July 14, 2003); Wayne D. Longmore, M.D., 77 FR 
67669-02 (DEA Nov. 13, 2012); Alan H. Olefsky, M.D., 72 FR 42127-01 
(DEA Aug. 1, 2007); Layfe Robert Anthony, M.D., 67 FR 15811 (DEA May 
20, 2002); George Thomas, PA-C, 64 FR 15811-02 (DEA Apr. 1, 1999); 
Shahid Musud Siddiqui, M.D., 61 FR 14818-02 (DEA April 4, 1996); 
Michael D. Lawton, M.D., 59 FR 17792-01 (DEA Apr. 14, 1994); Abraham 
A. Chaplan, M.D., 57 FR 55280-03 (DEA Nov. 24, 1992). See also Bio 
Diagnosis Int'l, 78 FR 39327-03, 39331 (DEA July 1, 2013) 
(distinguishing distributor applicants from other ``practitioners'' 
in the context of summary disposition analysis).
    \3\ See Abraham A. Chaplan, M.D., 57 FR 55280-03, 55280 (DEA 
Nov. 24, 1992), and cases cited therein. In Chaplan, DEA 
Administrator Robert C. Bonner adopts the ALJ's opinion that ``the 
DEA lacks statutory power to register a practitioner unless the 
practitioner holds state authority to handle controlled 
substances.'' Id.
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    Respondent correctly argues in her response that a final 
disposition has not been made regarding her controlled substance 
registration in Illinois's administrative proceedings. However, 
Respondent mischaracterizes the Government's Motion for Summary 
Disposition when alleging that the Government is arguing that a final 
disposition had occurred. The Government is only arguing that 
Respondent is currently without authority to handle controlled 
substances in Illinois. To emphasize this point, the Government cites 
to the case of Roger A. Rodriguez, M.D. to demonstrate that even a 
temporary suspension warrants revocation.\4\ As DEA Administrator 
Michele M. Leonhart previously stated in James L. Hooper, M.D., ``the 
controlling question is not whether a practitioner's license to 
practice medicine in the state is suspended or revoked; rather, it is 
whether the Respondent is currently authorized to handle controlled 
substances in the state.'' \5\ In Hooper, Administrator Leonhart 
concluded that ``even where a practitioner's state license has been 
suspended for a period of certain duration, the practitioner no longer 
meets the statutory definition of a practitioner.'' \6\ In this case, 
Respondent's state controlled substance registration has been suspended 
for an indefinite duration. As detailed above, only a ``practitioner'' 
may receive a DEA registration. Therefore, I will recommend the 
revocation of Respondent's DEA registration.
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    \4\ Roger A. Rodriguez, M.D., 70 FR 33206, 33,207 (DEA June 7, 
2005).
    \5\ James L. Hooper, M.D.; Decision and Order, 76 FR 71371-01, 
71371 (DEA Nov. 17, 2011).
    \6\ Id. at 71372.
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Order Granting the Government's Motion for Summary Disposition and 
Recommendation

    I find there is no genuine dispute regarding whether Respondent is 
a ``practitioner'' as that term is defined by 21 U.S.C. 802(21), and 
that based on the record the Government has established that Respondent 
is not a practitioner and is not authorized to dispense controlled 
substances in the state in which she seeks to practice with a DEA 
Certificate of Registration. I find no other material facts at issue. 
Accordingly, I GRANT the Government's Motion for Summary Disposition.
    Upon this finding, I ORDER that this case be forwarded to the 
Administrator for final disposition and I recommended that Respondent's 
DEA Certificate of Registration should be REVOKED and any pending 
application for the renewal or modification of the same should be 
DENIED.

    Dated: March 25, 2015
Christopher B. McNeil,
Administrative Law Judge.
[FR Doc. 2015-19122 Filed 8-3-15; 8:45 am]
BILLING CODE 4410-09-P



                                              46322                            Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Notices

                                                Issued: July 29, 2015.                                           Controlled substance                    Schedule      Dated: July 27, 2015.
                                              Lisa R. Barton,                                                                                                        Chuck Rosenberg,
                                              Secretary to the Commission.                               Poppy Straw Concentrate (9670)                  II          Acting Administrator.
                                              [FR Doc. 2015–18984 Filed 8–3–15; 8:45 am]                 Fentanyl (9801) ............................    II
                                                                                                                                                                     Frank W. Mann, Esq., for the
                                              BILLING CODE 7020–02–P                                                                                                   Government.
                                                                                                           The company plans to import                               Thomas P. O’Connell, Esq., for the
                                                                                                         thebaine derivatives and fentanyl as                          Respondent.
                                              DEPARTMENT OF JUSTICE                                      reference standards.
                                                                                                                                                                     ORDER GRANTING THE
                                                                                                           The company plans to import the                           GOVERNMENT’S MOTION FOR
                                              Drug Enforcement Administration                            remaining listed controlled substances                      SUMMARY DISPOSITION and
                                              [Docket No. DEA–392]                                       as raw materials, to be used in the                         FINDINGS OF FACT, CONCLUSIONS
                                                                                                         manufacture of bulk controlled                              OF LAW, AND RECOMMENDED
                                              Importer of Controlled Substances                          substances, for distribution to its                         DECISION OF THE ADMINISTRATIVE
                                              Registration: Johnson Matthey, Inc.                        customers.                                                  LAW JUDGE
                                              ACTION:    Notice of registration.                           Dated: July 29, 2015.                                        Administrative Law Judge
                                                                                                         Joseph T. Rannazzisi,                                       Christopher B. McNeil. On January 21,
                                              SUMMARY:   Johnson Matthey, Inc. applied
                                                                                                         Deputy Assistant Administrator.                             2015, the Deputy Assistant
                                              to be registered as an importer of certain
                                                                                                         [FR Doc. 2015–19107 Filed 8–3–15; 8:45 am]                  Administrator of the Drug Enforcement
                                              basic classes of controlled substances.
                                                                                                                                                                     Administration (DEA) issued an Order
                                              The Drug Enforcement Administration                        BILLING CODE 4410–09–P
                                                                                                                                                                     to Show Cause as to why the DEA
                                              (DEA) grants Johnson Matthey, Inc.,
                                                                                                                                                                     should not revoke DEA Certificate of
                                              registration as an importer of those
                                                                                                         DEPARTMENT OF JUSTICE                                       Registration Number BE6969541 issued
                                              controlled substances.
                                                                                                                                                                     to Adeline Davies Essien, M.D., the
                                              SUPPLEMENTARY INFORMATION: By notice                                                                                   Respondent in this matter. The Order
                                              dated April 14, 2015, and published in                     Drug Enforcement Administration
                                                                                                                                                                     seeks to revoke Respondent’s
                                              the Federal Register on April 22, 2015,                                                                                registration pursuant to 21 U.S.C.
                                              80 FR 22559, Johnson Matthey, Inc.,                        [Docket No. 15–15]
                                                                                                                                                                     824(a)(4) and 823(f), and to deny any
                                              Pharmaceutical Materials, 2003 Nolte                                                                                   pending applications for renewal or
                                              Drive, West Deptford, New Jersey                           Adeline Davies Essien, M.D.; Decision
                                                                                                                                                                     modification of such registration, and
                                              08066–1742 applied to be registered as                     and Order
                                                                                                                                                                     deny any applications for any new DEA
                                              an importer of certain basic classes of                                                                                registrations pursuant to 21 U.S.C.
                                              controlled substances. No comments or                         On March 25, 2015, Administrative
                                                                                                         Law Judge (ALJ) Christopher B. McNeil                       823(f). As grounds for denial, the
                                              objections were submitted for this                                                                                     Government alleges that Respondent is
                                              notice. Comments and requests for                          issued the attached Recommended
                                                                                                                                                                     ‘‘currently without authority to handle
                                              hearings on applications to import                         Decision. Neither party filed exceptions
                                                                                                                                                                     controlled substances in the State of
                                              narcotic raw material are not                              to the Recommended Decision.                                Illinois, the state in which [Respondent
                                              appropriate. 72 FR 3417, (January 25,                         Having reviewed the record in its                        is] registered with the DEA.’’
                                              2007).                                                     entirety, I adopt the ALJ’s findings of                        On February 27, 2015, the DEA’s
                                                The DEA has considered the factors in                    fact, conclusions of law and                                Office of Administrative Law Judges
                                              21 U.S.C. 823, 952(a) and 958(a) and                       recommended order.1 Accordingly, I                          received Respondent’s written request
                                              determined that the registration of                        will order that Respondent’s DEA                            for a hearing, which is dated February
                                              Johnson Matthey, Inc. to import the                                                                                    26, 2015. Respondent stated that she
                                                                                                         Certificate of Registration be revoked
                                              basic classes of controlled substances is                                                                              objected to the Government’s allegation
                                                                                                         and that any pending application to
                                              consistent with the public interest and                                                                                regarding Respondent’s authority to
                                                                                                         renew or modify her registration be
                                              with United States obligations under                                                                                   handle controlled substances.
                                              international treaties, conventions, or                    denied.
                                                                                                                                                                     Respondent further stated that she
                                              protocols in effect on May 1, 1971. The                    Order                                                       ‘‘does have authority to practice
                                              DEA investigated the company’s                                                                                         medicine and handle controlled
                                              maintenance of effective controls                            Pursuant to the authority vested in me
                                                                                                                                                                     substances.’’
                                              against diversion by inspecting and                        by 21 U.S.C. 823(f) and 824(a)(3), as                          On March 3, 2015, this Office issued
                                              testing the company’s physical security                    well as 28 CFR 0.100(b), I order that                       an Order for Briefing on Allegations
                                              systems, verifying the company’s                           DEA Certificate of Registration                             Concerning Respondent’s Lack of State
                                              compliance with state and local laws,                      BE6969541, issued to Adeline Davies                         Authority, Order for Prehearing
                                              and reviewing the company’s                                Essien, M.D., be, and it hereby is,                         Statements, and Order Setting the
                                              background and history.                                    revoked. I further order that any                           Matter for Hearing. In the Order, I
                                                Therefore, pursuant to 21 U.S.C.                         pending application of Adeline Davies                       mandated that the parties provide briefs
                                              952(a) and 958(a), and in accordance                       Essien, M.D., to renew or modify her                        regarding the allegation that Respondent
                                              with 21 CFR 1301.34, the above-named                       registration, be, and it hereby is, denied.                 lacks state authority to handle
                                              company is granted registration as an                      This Order is effective September 3,                        controlled substances no later than 2:00
                                              importer of the basic classes controlled                   2015.                                                       p.m. on March 17, 2015. In my Order,
                                              substances:
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                     I also provided that responses to any
                                                                                                           1 I take official notice of the fact that, according      briefs be submitted by no later than 2:00
                                                      Controlled substance                  Schedule
                                                                                                         to the registration records of the Agency,                  p.m. on March 24, 2015. On March 17,
                                                                                                         Respondent retains an active registration as of this        2015, I timely received the
                                              Coca Leaves (9040) .....................      II           date. Pursuant to 21 CFR 1316.59(e), Respondent
                                              Thebaine (9333) ...........................   II           may controvert this finding by filing a properly
                                                                                                                                                                     Government’s Response to Order and
                                              Opium, raw (9600) .......................     II           supported motion, no later than 10 days from the            Motion for Summary Disposition.
                                              Noroxymorphone (9668) ..............          II           date of this Order.                                         According to the Government’s motion,


                                         VerDate Sep<11>2014     18:45 Aug 03, 2015    Jkt 235001   PO 00000   Frm 00089    Fmt 4703     Sfmt 4703      E:\FR\FM\04AUN1.SGM   04AUN1


                                                                            Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Notices                                                    46323

                                              Respondent is without authority to                      maintains her DEA registration.2                         of certain duration, the practitioner no
                                              prescribe, administer, or dispense                      Pursuant to 21 U.S.C. 823(f), only a                     longer meets the statutory definition of
                                              controlled substances in the State of                   ‘‘practitioner’’ may receive a DEA                       a practitioner.’’ 6 In this case,
                                              Illinois. In its Exhibit One attachment,                registration. Under 21 U.S.C. 802(21), a                 Respondent’s state controlled substance
                                              the Government provided evidence that                   ‘‘practitioner’’ must be ‘‘licensed,                     registration has been suspended for an
                                              the State of Illinois, the jurisdiction                 registered, or otherwise permitted, by                   indefinite duration. As detailed above,
                                              where she is licensed to practice                       the United States or the jurisdiction in                 only a ‘‘practitioner’’ may receive a DEA
                                              medicine and where Respondent is                        which he practices or does research, to                  registration. Therefore, I will
                                              registered with the DEA, considers her                  distribute [or] dispense . . . controlled                recommend the revocation of
                                              license ‘‘Not Renewed’’ with an                         substance[s.]’’ Given this statutory                     Respondent’s DEA registration.
                                              expiration date of July 31, 2014.                       language, the DEA Administrator does
                                              Additionally, the Government in its                     not have the authority under the                         Order Granting the Government’s
                                              Exhibit Two attachment provided a                       Controlled Substances Act to maintain a                  Motion for Summary Disposition and
                                              sworn declaration of Laura Forester,                    practitioner’s registration if that                      Recommendation
                                              Chief of Medical Prosecutions for the                   practitioner is not authorized to                           I find there is no genuine dispute
                                              Illinois Department of Financial and                    dispense controlled substances.3                         regarding whether Respondent is a
                                              Professional Regulation, stating that                      Respondent correctly argues in her                    ‘‘practitioner’’ as that term is defined by
                                              Respondent is not currently authorized                  response that a final disposition has not                21 U.S.C. 802(21), and that based on the
                                              under Illinois law to handle controlled                 been made regarding her controlled                       record the Government has established
                                              substances. Based on this status, the                   substance registration in Illinois’s                     that Respondent is not a practitioner
                                              Government moved for a summary                          administrative proceedings. However,                     and is not authorized to dispense
                                              disposition of these proceedings as well                Respondent mischaracterizes the                          controlled substances in the state in
                                              as a stay of these proceedings pending                  Government’s Motion for Summary                          which she seeks to practice with a DEA
                                              resolution of its Motion for Summary                    Disposition when alleging that the                       Certificate of Registration. I find no
                                              Disposition. Finding good cause was                     Government is arguing that a final                       other material facts at issue.
                                              shown, I granted an Order Staying                       disposition had occurred. The                            Accordingly, I GRANT the
                                              Proceedings with the exception of the                   Government is only arguing that                          Government’s Motion for Summary
                                              March 24, 2015 deadline for                             Respondent is currently without                          Disposition.
                                              Respondent’s response to the                            authority to handle controlled                              Upon this finding, I ORDER that this
                                              Government’s Motion for Summary                         substances in Illinois. To emphasize this                case be forwarded to the Administrator
                                              Disposition.                                            point, the Government cites to the case                  for final disposition and I recommended
                                                 Respondent filed a timely response to                of Roger A. Rodriguez, M.D. to                           that Respondent’s DEA Certificate of
                                              the Government’s Motion for Summary                     demonstrate that even a temporary                        Registration should be REVOKED and
                                              Disposition on March 24, 2015. In her                   suspension warrants revocation.4 As                      any pending application for the renewal
                                              response, Respondent states that her                    DEA Administrator Michele M.                             or modification of the same should be
                                              Illinois State medical license case is                  Leonhart previously stated in James L.                   DENIED.
                                              pending appeal and is therefore not a                   Hooper, M.D., ‘‘the controlling question
                                                                                                                                                                 Dated: March 25, 2015
                                              final disposition. Respondent further                   is not whether a practitioner’s license to
                                              attached an affidavit affirming that she                practice medicine in the state is                        Christopher B. McNeil,
                                              has a case pending before the Illinois                  suspended or revoked; rather, it is                      Administrative Law Judge.
                                              Administrative Law Court that is                        whether the Respondent is currently                      [FR Doc. 2015–19122 Filed 8–3–15; 8:45 am]
                                              pending appeal. She also attached                       authorized to handle controlled                          BILLING CODE 4410–09–P
                                              ‘‘Exhibit B’’ containing a statement from               substances in the state.’’ 5 In Hooper,
                                              Lillian Walanka, who is representing                    Administrator Leonhart concluded that
                                              Respondent before the Illinois                          ‘‘even where a practitioner’s state                      DEPARTMENT OF JUSTICE
                                              Administrative Law Court. Ms. Walanka                   license has been suspended for a period
                                              again confirms that the case is pending                                                                          Drug Enforcement Administration
                                              final action by Illinois authorities. Ms.                 2 See 21 U.S.C. 801(21), 823(f), 824(a)(3); see also   [Docket No. DEA–392]
                                              Walanka states that although                            House of Medicine, 79 FR 4959, 4961 (DEA Jan. 30,
                                                                                                      2014); Deanwood Pharmacy, 68 FR 41662–01 (DEA
                                              Respondent filed a timely renewal                       July 14, 2003); Wayne D. Longmore, M.D., 77 FR           Manufacturer of Controlled
                                              application of her controlled substances                67669–02 (DEA Nov. 13, 2012); Alan H. Olefsky,           Substances Registration: Sigma
                                              license, her controlled substances                      M.D., 72 FR 42127–01 (DEA Aug. 1, 2007); Layfe           Aldrich Research Biochemicals, Inc.
                                              license was not renewed pending a                       Robert Anthony, M.D., 67 FR 15811 (DEA May 20,
                                                                                                      2002); George Thomas, PA–C, 64 FR 15811–02               ACTION:      Notice of registration.
                                              Notice of Intent to Refuse to Renew by                  (DEA Apr. 1, 1999); Shahid Musud Siddiqui, M.D.,
                                              authorities in Illinois.                                61 FR 14818–02 (DEA April 4, 1996); Michael D.
                                                 The substantial issue raised by the                  Lawton, M.D., 59 FR 17792–01 (DEA Apr. 14, 1994);
                                                                                                                                                               SUMMARY:   Sigma Aldrich Research
                                              Government rests on an undisputed fact.                 Abraham A. Chaplan, M.D., 57 FR 55280–03 (DEA            Biochemicals, Inc. applied to be
                                              The Government asserts that
                                                                                                      Nov. 24, 1992). See also Bio Diagnosis Int’l, 78 FR      registered as a manufacturer of certain
                                                                                                      39327–03, 39331 (DEA July 1, 2013) (distinguishing       basic classes of controlled substances.
                                              Respondent’s DEA Certificate of                         distributor applicants from other ‘‘practitioners’’ in
                                              Registration must be revoked because                    the context of summary disposition analysis).            The Drug Enforcement Administration
                                              Respondent does not have an active                        3 See Abraham A. Chaplan, M.D., 57 FR 55280–           (DEA) grants Sigma Aldrich Research
                                              controlled substance registration issued                03, 55280 (DEA Nov. 24, 1992), and cases cited           Biochemicals, Inc. registration as a
                                                                                                      therein. In Chaplan, DEA Administrator Robert C.         manufacturer of those controlled
tkelley on DSK3SPTVN1PROD with NOTICES




                                              by the state in which she practices.                    Bonner adopts the ALJ’s opinion that ‘‘the DEA
                                              Under DEA precedent, a practitioner’s                   lacks statutory power to register a practitioner
                                                                                                                                                               substances.
                                              DEA Certificate of Registration for                     unless the practitioner holds state authority to         SUPPLEMENTARY INFORMATION:    By notice
                                                                                                      handle controlled substances.’’ Id.
                                              controlled substances must be                             4 Roger A. Rodriguez, M.D., 70 FR 33206, 33,207
                                                                                                                                                               dated April 14, 2015, and published in
                                              summarily revoked if the applicant is                   (DEA June 7, 2005).                                      the Federal Register on April 22, 2015,
                                              not authorized to handle controlled                       5 James L. Hooper, M.D.; Decision and Order, 76

                                              substances in the state in which she                    FR 71371–01, 71371 (DEA Nov. 17, 2011).                    6 Id.   at 71372.



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Document Created: 2015-12-18 14:51:57
Document Modified: 2015-12-18 14:51:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 46322 

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