80 FR 50029 - John R. Kregenow, D.D.S.; Decision and Order

DEPARTMENT OF JUSTICE
Drug Enforcement Administration

Federal Register Volume 80, Issue 159 (August 18, 2015)

Page Range		50029-50031
FR Document		2015-20352
Federal Register, Volume 80 Issue 159 (Tuesday, August 18, 2015)
[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Notices]
[Pages 50029-50031]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20352]


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 DEPARTMENT OF JUSTICE

Drug Enforcement Administration


John R. Kregenow, D.D.S.; Decision and Order

    On October 29, 2014, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to John R. Kregenow, D.D.S. (Registrant), of 
Milwaukee, Wisconsin. GX 1, at 1. The Show Cause Order proposed the 
revocation of Registrant's DEA Certificate of Registration AK8212348, 
and the denial of any pending applications for renewal

[[Page 50030]]

or modification of the registration, on the ground that he lacks 
authority to handle controlled substances in Wisconsin, the State in 
which he is registered with DEA. Id. (citing 21 U.S.C. 823(f) & 
824(a)(3)).
    The Show Cause Order specifically alleged that on September 3, 
2014, the Wisconsin Dentistry Examining Board (hereinafter, the Board) 
issued an Order of Summary Suspension, suspending Registrant's dental 
license and that the Order ``is still in effect.'' Id. The Show Cause 
Order thus asserted that ``DEA must revoke [Registrant's] registration 
based upon [his] lack of authority to handle controlled substances in 
the State of Wisconsin.'' \1\ Id. at 1-2 (citing 21 U.S.C. 802(21), 
823(f) and 824(a) (3)).
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    \1\ The Show Cause Order also notified Registrant of his right 
to request a hearing on the allegations or to submit a written 
statement in lieu of a hearing, the procedure for electing either 
option, and the consequence for failing to elect either option. Id. 
at 2 (citing 21 CFR 1301.43).
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    On November 6, 2014, a Diversion Investigator (DI) attempted to 
serve the Show Cause Order on Registrant by travelling to his residence 
but no one was home. GX 6, at 2. (Declaration of Diversion 
Investigator). The DI then left at Registrant's residence an envelope 
which contained a copy of the Show Cause Order, a Voluntary Surrender 
Form, and written ``instructions describing [Registrant's] options 
regarding his . . . registration.'' Id.
    The next day, the DI mailed a copy of the Show Cause Order by 
certified mail, return receipt requested, addressed to Registrant at 
his residence. Id. The same day, the DI also emailed an electronic copy 
of the Order to the two previous email addresses associated with his 
registration.\2\ Id.
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    \2\ The Government provided no further information regarding the 
adequacy of its attempts to serve the Show Cause Order by email, and 
in any event, under the Agency's cases, except for where the 
intended recipient is a fugitive, email is to be used only after the 
traditional methods of service have been used and been ineffective 
at accomplishing service. See Emilio Luna, 77 FR 4829, 4830 (2012); 
Robert Leigh Kale, 76 FR 48898, 48899-900 (2011).
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    On December 8, 2014, the DI received a return receipt card for the 
mailing which was signed by Registrant. Id. The card was dated December 
3, 2014. Id., see also GX 5, at 2. Based on the signed return receipt 
card, I find that the Government accomplished service on December 3, 
2014.
    Based on the Government's representation that since the date of 
service, neither Registrant, nor any person purporting to represent 
him, ``has requested a hearing or otherwise corresponded with DEA'' 
regarding the Show Cause Order, and finding that more than 30 days have 
now passed since the date of service, I find that Registrant has waived 
his right to either request a hearing on the allegations of the Show 
Cause Order or to submit a written statement in lieu of a hearing. See 
21 CFR 1301.43(c) & (d). I therefore issue this Decision and Final 
Order based on the record submitted by the Government. See 21 CFR 
1301.43(e). I make the following findings.

Findings of Fact

    Registrant is the holder of DEA Certificate of Registration 
AK8212348, pursuant to which he is authorized to dispense controlled 
substances in schedules II through V as a practitioner, at the 
registered address of 6015 West Forest Home Ave., Unit 1, Old Grove 
Shopping Center, Milwaukee, Wisconsin. GX 2. His registration does not 
expire until December 31, 2015. Id.
    On September 3, 2014, the Board summarily suspended Registrant's 
dental license, finding ``probable cause to believe [he] violated the 
provisions of Wis. Stat. Ch. 447'' and that ``the public health, safety 
or welfare imperatively requires emergency action.'' GX 3, at 10-11. 
While Registrant was entitled to a hearing to challenge the summary 
suspension, id. at 11, on March 11, 2015, Registrant waived his right 
to a hearing on the allegations and consented to the entry by the Board 
of a Final Decision and Order revoking his medical license. 
Stipulation, at 1, In re John R. Kregenow, D.D.S . (Wis. Dent. Exam'ng. 
Bd. 2015).
    On May 6, 2015, the Board issued its Final Decision and Order, 
revoking Registrant's license to practice dentistry.\3\ Final Decision 
and Order, at 2, In re Kregenow. The Board found that Registrant had 
engaged in unprofessional conduct, which included, inter alia, 
``[a]dministering, dispensing, prescribing, supplying or obtaining 
controlled substances . . . other than in the course of legitimate 
practice, or as otherwise prohibited by law.'' Wis. Admin. Code Sec.  
DE 5.02(6) (cited in Final Decision and Order, at 2). The Board further 
found that Registrant had ``elected to retire from the practice of 
dentistry'' and revoked his license to ``ensure protection of the 
public, rehabilitation of Respondent and general deterrence.'' Id.
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    \3\ This Order was obtained through an online search of the 
Board of Dentistry's Web site. Under the Administrative Procedure 
Act (APA), an agency ``may take official notice of facts at any 
stage in a proceeding--even in the final decision.'' U.S. Dept. of 
Justice, Attorney General's Manual on the Administrative Procedure 
Act 80 (1947) (Wm. W. Gaunt & Sons, Inc., Reprint 1979); see also 5 
U.S.C. 556(e); 21 CFR 1316.59(e).
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    Based on the Board's order, I find that Registrant no longer 
possesses authority to dispense controlled substances in Wisconsin, the 
State in which he is registered under the Controlled Substances Act.

Discussion

    Pursuant to 21 U.S.C. 824(a)(3), the Attorney General is authorized 
to suspend or revoke a registration issued under section 823, ``upon a 
finding that the registrant . . . has had his State license . . . 
suspended [or] revoked . . . by competent State authority and is no 
longer authorized by State law to engage in the . . . dispensing of 
controlled substances.'' Moreover, the Agency has 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 James L. Hooper, 76 FR 71371 (2011), 
pet. for rev. denied, Hooper v. Holder, 481 Fed. App'x. 826 (4th Cir. 
2012).
    This rule derives from the text of two provisions of the CSA. 
First, Congress defined ``[t]he term `practitioner' [to] mean[ ] a . . 
. dentist . . . 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(f). Because Congress has clearly mandated 
that a practitioner possess state authority in order to be deemed a 
practitioner under the Act, 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 engages in professional practice. See, 
e.g., Sharad C. Patel, 80 FR 28693, 28695 (2015); Calvin Ramsey, 76 FR 
20034, 20036 (2011); Sheran Arden Yeates, M.D., 71 FR 39130, 39131 
(2006); Dominick A. Ricci, 58 FR 51104, 51105 (1993); Bobby Watts, 53 
FR 11919, 11920 (1988).
    Thus, because Registrant no longer possesses lawful authority to 
practice dentistry in the Wisconsin, see Wis. Stat. Sec. Sec.  
447.03(1) & 961.01(a), the State where he is currently registered, I 
will order that Registrant's DEA registration be revoked.

Order

    Pursuant to the authority vested in me by 21 U.S.C. 824(a) and 28 
CFR 0.100(b) I order that DEA Certificate of Registration AK8212348 
issued to John R. Kregenow, D.D.S., be, and it hereby is, revoked. I 
further order that any

[[Page 50031]]

application of John R. Kregenow, D.D.S., to renew or modify this 
registration, be, and it hereby is, denied. This Order is effective 
immediately.\4\
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    \4\ For the same reasons that the Wisconsin Board summarily 
suspended Registrant's dental license, I conclude that the public 
interest requires that this Order be effective immediately. See 21 
CFR 1316.67.

    Dated: August 10, 2015.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2015-20352 Filed 8-17-15; 8:45 am]
 BILLING CODE 4410-09-P
Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Notices 50029

rules, the Secretary will make BPI Authority: These investigations are being registration. See Government Request
gathered in these investigations conducted under authority of title VII of the for Final Agency Action, at 5 (citing 21
available to authorized applicants Tariff Act of 1930; this notice is published CFR 1301.43(e)).
pursuant to section 207.12 of the On June 2, 2015, the Government
representing interested parties (as Commission’s rules.
defined in 19 U.S.C. 1677(9)) who are represented to this office that
parties to the investigations under the Issued: August 12, 2015. Respondent’s registration had expired
APO issued in the investigations, By order of the Commission. on May 31, 2015 because he did not
provided that the application is made Lisa R. Barton, submit a renewal application at least 45
not later than seven days after the Secretary to the Commission. days before his registration’s expiration
publication of this notice in the Federal [FR Doc. 2015–20266 Filed 8–17–15; 8:45 am] date, as required by the Agency’s
Register. A separate service list will be BILLING CODE 7020–02–P regulation which is applicable to a
maintained by the Secretary for those registrant who has been served with an
parties authorized to receive BPI under Order to Show Cause. See 21 CFR
the APO. DEPARTMENT OF JUSTICE 1301.36(i). Moreover, according to the
registration records of the Agency (of
Conference.—The Commission’s
Drug Enforcement Administration which I take official notice, 5 U.S.C.
Director of Investigations has scheduled
556(e)), Respondent has not submitted a
a conference in connection with these Victor B. Williams, M.D.; Decision and renewal application, whether timely or
investigations for 9:30 a.m. on Order not, and his registration has been retired
September 1, 2015, at the U.S. by the Agency. Accordingly, I find that
International Trade Commission On January 21, 2015, the Deputy
Respondent’s registration expired on
Building, 500 E Street SW., Washington, Assistant Administrator, Office of
May 31, 2015 and that there is no
DC. Requests to appear at the conference Diversion Control, Drug Enforcement
application pending before the Agency.
should be emailed to William.bishop@ Administration (DEA), issued an Order It is well settled that ‘‘[i]f a registrant
usitc.gov and Sharon.bellamy@usitc.gov to Show Cause to Victor B. Williams, has not submitted a timely renewal
(DO NOT FILE ON EDIS) on or before M.D. (Respondent), of Little Rock, application prior to the expiration date,
August 28, 2015. Parties in support of Arkansas. GX 1. The Show Cause Order then the registration expires and there is
the imposition of countervailing and proposed the revocation of nothing to revoke.’’ Ronald J. Riegel, 63
antidumping duties in these Respondent’s DEA Certificate of FR 67132, 67133 (1998); see also
investigations and parties in opposition Registration BW6686464, and the denial William W. Nucklos, 73 FR 34330
to the imposition of such duties will of any pending application to renew or (2008). Furthermore, because
each be collectively allocated one hour modify his registration, on the ground Respondent did not file a renewal
within which to make an oral that he lacks authority to handle application, there is no application to
presentation at the conference. A controlled substances in Arkansas, the act upon. See Nucklos, 73 FR at 34330.
nonparty who has testimony that may State in which he is registered with Accordingly, because there is neither a
aid the Commission’s deliberations may DEA. Show Cause Order, at 1 (citing 21 registration, nor an application, to act
request permission to present a short U.S.C. 823(f) & 824(a) (3)). Id. upon, I hold that this case is now moot.
statement at the conference. Specifically, the Show Cause Order
alleged that on April 10, 2014, the Order
Written submissions.—As provided in
Arkansas State Medical Board issued to Pursuant to the authority vested in me
sections 201.8 and 207.15 of the
Respondent an ‘‘Order and Notice of by 21 U.S.C. 824(a), as well as 28 CFR
Commission’s rules, any person may
Hearing,’’ which revoked his medical 0.100(b), I order that the Order to Show
submit to the Commission on or before
license. Id. The Order then alleged that Cause issued to Victor B. Williams,
September 4, 2015, a written brief
as a result of the revocation, Respondent M.D., be, and it hereby is, dismissed.
containing information and arguments
is without authority to handle
pertinent to the subject matter of the Dated: August 10, 2015.
controlled substances in Arkansas, the
investigations. Parties may file written Chuck Rosenberg,
State in which he is registered, and
testimony in connection with their Acting Administrator.
therefore, his registration is subject to
presentation at the conference. If briefs
revocation.1 Id. at 1 (citations omitted). [FR Doc. 2015–20351 Filed 8–17–15; 8:45 am]
or written testimony contain BPI, they As evidenced by the signed return BILLING CODE 4410–09–P
must conform with the requirements of receipt card, on January 27, 2015, the
sections 201.6, 207.3, and 207.7 of the Show Cause Order was served on
Commission’s rules. Please consult the Respondent. GX 3. On February 3, 2015, DEPARTMENT OF JUSTICE
Commission’s rules, as amended, 76 FR Respondent, through his counsel, sent a
61937 (October 6, 2011) and the letter acknowledging receipt of the Drug Enforcement Administration
Commission’s Handbook on Filing Show Cause Order to the Office of
Procedures, 76 FR 62092 (October 6, John R. Kregenow, D.D.S.; Decision
Administrative Law Judges. GX 4. and Order
2011), available on the Commission’s However, Respondent’s counsel did not
Web site at http://edis.usitc.gov. request a hearing on the allegations. See On October 29, 2014, the Deputy
In accordance with sections 201.16(c) id. Thereafter, on February 19, 2015, the Assistant Administrator, Office of
and 207.3 of the rules, each document Government submitted a Request for Diversion Control, Drug Enforcement
asabaliauskas on DSK5VPTVN1PROD with NOTICES

filed by a party to the investigations Final Agency Action seeking a final Administration (DEA), issued an Order
must be served on all other parties to order revoking Respondent’s to Show Cause to John R. Kregenow,
the investigations (as identified by D.D.S. (Registrant), of Milwaukee,
either the public or BPI service list), and 1 The Show Cause Order also notified Respondent Wisconsin. GX 1, at 1. The Show Cause
a certificate of service must be timely of his right to request a hearing on the allegations Order proposed the revocation of
or to submit a written statement in lieu of a hearing,
filed. The Secretary will not accept a the procedure for electing either option, and the
Registrant’s DEA Certificate of
document for filing without a certificate consequence of failing to elect either option. Id. at Registration AK8212348, and the denial
of service. 2 (citing 21 CFR 1301.43). of any pending applications for renewal

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Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Notices 50031

application of John R. Kregenow, D.D.S., the address of Registrant’s residence According to the TMB’s Web site, the
to renew or modify this registration, be, from the Texas Department of Public Order remains in effect as of this date.
and it hereby is, denied. This Order is Safety and on February 17, went to his See http://reg.tmb.state.tx.us/
effective immediately.4 residence. Id. at 2. The DI rang the OnLineVerif/Phys_ReportVerif_new.asp.
Dated: August 10, 2015. doorbell and knocked on the door Accordingly, I find that Registrant is
Chuck Rosenberg, several times but received no response. currently without authority under the
Acting Administrator.
Id. The DI then slid a copy of the Show laws of the State of Texas to dispense
Cause Order under the front door. Id. controlled substances.
[FR Doc. 2015–20352 Filed 8–17–15; 8:45 am]
Three months later (on May 20, 2015),
BILLING CODE 4410–09–P
the Office of Administrative Law Judges Discussion
received a fax from Registrant which The Controlled Substances Act (CSA)
included a document entitled grants the Attorney General authority to
DEPARTMENT OF JUSTICE
‘‘Response to First Amended Complaint revoke a registration ‘‘upon a finding
Drug Enforcement Administration and Motion to Dismiss,’’ which he that the registrant . . . has had his State
apparently filed in the proceeding license or registration suspended [or]
Ronald A. Green, M.D.; Decision and brought against him by the Texas revoked . . . and is no longer
Order Medical Board. Registrant did not, authorized by State law to engage in the
however, request a hearing on the Show . . . distribution [or] dispensing of
On February 6, 2015, the Deputy Cause Order. See 21 CFR 1301.43(a) & controlled substances.’’ 21 U.S.C.
Assistant Administrator, Office of (d). Moreover, to the extent Registrant 824(a)(3). Based on the CSA’s provisions
Diversion Control, Drug Enforcement submitted this document as his which define the term ‘‘practitioner’’
Administration, issued an Order to statement of position, see id. and set forth the requirement for
Show Cause to Ronald A. Green, M.D. § 1301.43(c), his filing does not contain obtaining a registration as such, DEA
(Registrant), of Houston, Texas. GX 1. any explanation for why good cause has long held that a practitioner must be
The Show Cause Order proposed the exists to excuse its untimeliness. Id. currently authorized to handle
revocation of Registrant’s DEA §§ 1301.43(d), 1316.47(b). controlled substances in the
Certificate of Registration FG1729699, In the meantime, on April 7, 2015, the ‘‘jurisdiction in which he practices’’ in
pursuant to which he is authorized to Government submitted a Request for order to maintain a DEA registration.
dispense controlled substances in Final Agency Action along with the See 21 U.S.C. 802(21)(‘‘The term
schedules II through V as a practitioner, investigative record, which it ‘practitioner’ means a physician . . . or
as well as the denial of any pending subsequently supplemented by other person licensed, registered or
applications to renew or modify his providing a copy of Registrant’s filing otherwise permitted, by . . . the
registration, on the ground that he does with the Office of Administrative Law jurisdiction in which he practices . . .
not ‘‘have authority to handle controlled Judges. In its Request, the Government to distribute, dispense, [or] administer
substances in’’ Texas, ‘‘the State in asserts that Registrant has waived his . . . a controlled substance in the
which [he is] registered with the DEA.’’ right to a hearing. Request for Final course of professional practice.’’); see
Id. Agency Action, at 4. also id. § 823(f) (‘‘The Attorney General
The Show Cause Order specifically Based on my review of the record, I shall register practitioners . . . to
alleged that on December 10, 2014, the find that Registrant was properly served dispense . . . if the applicant is
Disciplinary Panel of the Texas Medical with the Show Cause Order. I further authorized to dispense . . . controlled
Board (TMB) issued an Order of find that Registrant has waived his right substances under the laws of the State
Temporary Suspension, which to a hearing, as well as his right to in which he practices.’’).
suspended his medical license the same submit a statement of position on the As these provisions make plain,
day. Id. The Show Cause Order further allegations of the Show Cause Order. Id. possessing authority under state law to
alleged that as a consequence of the § 1301.44(d). I make the following dispense controlled substances is an
Board’s order, Registrant is currently findings. essential condition for holding a DEA
without authority to handle controlled
Findings registration. See David W. Wang, 72 FR
substances in Texas, the State in which
54297, 54298 (2007); Sheran Arden
he holds his DEA registration.1 Id. Registrant is the holder of DEA Yeates, 71 FR 39130, 39131 (2006);
On February 11, 2015, a DEA Certificate of Registration FG1729699, Dominick A. Ricci, 58 FR 51104, 51105
Diversion Investigator (DI) initially pursuant to which he is authorized to (1993); Bobby Watts, 53 FR 11919,
attempted to personally serve Registrant dispense controlled substances in 11920 (1988). And based on these
by travelling to his registered location. schedules II through V as a practitioner, provisions, the Agency has also ‘‘held
GX 4, at 1. However, the DI found that at the registered address of: Paradigm that revocation is warranted even where
his practice was closed and was told by Center for Integrative Medicine, 7505 a practitioner’s state authority has been
employees of a bank located across the Fannin, Suite 120, Houston, TX 77054. summarily suspended and the State has
hall that no one had seen Registrant GX 2. This registration is due to expire yet to provide the practitioner with a
recently. Id. Thereafter, the DI obtained on September 30, 2015. Id. hearing to challenge the State’s action at
On December 10, 2014, a Disciplinary which he . . . may ultimately prevail.’’
4 For the same reasons that the Wisconsin Board
Panel of the TMB issued an Order of
summarily suspended Registrant’s dental license, I
asabaliauskas on DSK5VPTVN1PROD with NOTICES

conclude that the public interest requires that this
Temporary Suspension, which
of the Texas Medical Practice Act, including that he
Order be effective immediately. See 21 CFR suspended Registrant’s medical license, prescribed, administered, or dispensed controlled
1316.67. based upon its finding that Registrant’s substance for non-therapeutic purposes and ‘‘in a
1 The Show Cause Order also informed Registrant
‘‘continuation in the practice of manner inconsistent’’ with the Controlled
of his right to request a hearing on the allegations medicine would constitute a continuing Substances Act and Texas law, that he failed to
or to submit a written statement of position on the comply with the Board’s regulations regarding the
matters alleged in the Order while waiving his right threat to public welfare.’’ GX 3, at 3, 5.2 operation of pain management clinics, that he failed
to a hearing, the procedure for electing either to adhere to guidelines and requirements for the
option, and the consequence of failing to elect 2 The TMB’s Order contains numerous treatment of pain, and that he wrote prescriptions
either option. GX 1, at 1–2 (citing 21 CFR 1301.43). conclusions of law based on Registrant’s violations for known abusers of narcotics. GX 3, at 3–5.

VerDate Sep<11>2014 17:02 Aug 17, 2015 Jkt 235001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\18AUN1.SGM 18AUN1
Document Created: 2015-12-15 12:05:08
Document Modified: 2015-12-15 12:05:08
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		80 FR 50029
80 FR 50029 - John R. Kregenow, D.D.S.; Decision and Order

DEPARTMENT OF JUSTICEDrug Enforcement Administration

Federal Register Volume 80, Issue 159 (August 18, 2015)

DEPARTMENT OF JUSTICE
Drug Enforcement Administration
