80_FR_50190 80 FR 50031 - Ronald A. Green, M.D.; Decision and Order

80 FR 50031 - Ronald A. Green, M.D.; Decision and Order

DEPARTMENT OF JUSTICE
Drug Enforcement Administration

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

Page Range50031-50032
FR Document2015-20349

Federal Register, Volume 80 Issue 159 (Tuesday, August 18, 2015) 
[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Notices]
[Pages 50031-50032]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20349]


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 DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Ronald A. Green, M.D.; Decision and Order

    On February 6, 2015, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration, issued an Order to 
Show Cause to Ronald A. Green, M.D. (Registrant), of Houston, Texas. GX 
1. The Show Cause Order proposed the revocation of Registrant's DEA 
Certificate of Registration FG1729699, pursuant to which he is 
authorized to dispense controlled substances in schedules II through V 
as a practitioner, as well as the denial of any pending applications to 
renew or modify his registration, on the ground that he does not ``have 
authority to handle controlled substances in'' Texas, ``the State in 
which [he is] registered with the DEA.'' Id.
    The Show Cause Order specifically alleged that on December 10, 
2014, the Disciplinary Panel of the Texas Medical Board (TMB) issued an 
Order of Temporary Suspension, which suspended his medical license the 
same day. Id. The Show Cause Order further alleged that as a 
consequence of the Board's order, Registrant is currently without 
authority to handle controlled substances in Texas, the State in which 
he holds his DEA registration.\1\ Id.
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    \1\ The Show Cause Order also informed Registrant of his right 
to request a hearing on the allegations or to submit a written 
statement of position on the matters alleged in the Order while 
waiving his right to a hearing, the procedure for electing either 
option, and the consequence of failing to elect either option. GX 1, 
at 1-2 (citing 21 CFR 1301.43).
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    On February 11, 2015, a DEA Diversion Investigator (DI) initially 
attempted to personally serve Registrant by travelling to his 
registered location. GX 4, at 1. However, the DI found that his 
practice was closed and was told by employees of a bank located across 
the hall that no one had seen Registrant recently. Id. Thereafter, the 
DI obtained the address of Registrant's residence from the Texas 
Department of Public Safety and on February 17, went to his residence. 
Id. at 2. The DI rang the doorbell and knocked on the door several 
times but received no response. Id. The DI then slid a copy of the Show 
Cause Order under the front door. Id.
    Three months later (on May 20, 2015), the Office of Administrative 
Law Judges received a fax from Registrant which included a document 
entitled ``Response to First Amended Complaint and Motion to Dismiss,'' 
which he apparently filed in the proceeding brought against him by the 
Texas Medical Board. Registrant did not, however, request a hearing on 
the Show Cause Order. See 21 CFR 1301.43(a) & (d). Moreover, to the 
extent Registrant submitted this document as his statement of position, 
see id. Sec.  1301.43(c), his filing does not contain any explanation 
for why good cause exists to excuse its untimeliness. Id. Sec. Sec.  
1301.43(d), 1316.47(b).
    In the meantime, on April 7, 2015, the Government submitted a 
Request for Final Agency Action along with the investigative record, 
which it subsequently supplemented by providing a copy of Registrant's 
filing with the Office of Administrative Law Judges. In its Request, 
the Government asserts that Registrant has waived his right to a 
hearing. Request for Final Agency Action, at 4.
    Based on my review of the record, I find that Registrant was 
properly served with the Show Cause Order. I further find that 
Registrant has waived his right to a hearing, as well as his right to 
submit a statement of position on the allegations of the Show Cause 
Order. Id. Sec.  1301.44(d). I make the following findings.

Findings

    Registrant is the holder of DEA Certificate of Registration 
FG1729699, pursuant to which he is authorized to dispense controlled 
substances in schedules II through V as a practitioner, at the 
registered address of: Paradigm Center for Integrative Medicine, 7505 
Fannin, Suite 120, Houston, TX 77054. GX 2. This registration is due to 
expire on September 30, 2015. Id.
    On December 10, 2014, a Disciplinary Panel of the TMB issued an 
Order of Temporary Suspension, which suspended Registrant's medical 
license, based upon its finding that Registrant's ``continuation in the 
practice of medicine would constitute a continuing threat to public 
welfare.'' GX 3, at 3, 5.\2\ According to the TMB's Web site, the Order 
remains in effect as of this date. See http://reg.tmb.state.tx.us/OnLineVerif/Phys_ReportVerif_new.asp. Accordingly, I find that 
Registrant is currently without authority under the laws of the State 
of Texas to dispense controlled substances.
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    \2\ The TMB's Order contains numerous conclusions of law based 
on Registrant's violations of the Texas Medical Practice Act, 
including that he prescribed, administered, or dispensed controlled 
substance for non-therapeutic purposes and ``in a manner 
inconsistent'' with the Controlled Substances Act and Texas law, 
that he failed to comply with the Board's regulations regarding the 
operation of pain management clinics, that he failed to adhere to 
guidelines and requirements for the treatment of pain, and that he 
wrote prescriptions for known abusers of narcotics. GX 3, at 3-5.
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Discussion

    The Controlled Substances Act (CSA) grants the Attorney General 
authority to revoke a registration ``upon a finding that the registrant 
. . . has had his State license or registration suspended [or] revoked 
. . . and is no longer authorized by State law to engage in the . . . 
distribution [or] dispensing of controlled substances.'' 21 U.S.C. 
824(a)(3). Based on the CSA's provisions which define the term 
``practitioner'' and set forth the requirement for obtaining a 
registration as such, DEA has long held that a practitioner must be 
currently authorized to handle controlled substances in the 
``jurisdiction in which he practices'' in order to maintain a DEA 
registration. See 21 U.S.C. 802(21)(``The term `practitioner' means 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.''); see also id. Sec.  823(f) 
(``The Attorney General shall register practitioners . . . to dispense 
. . . if the applicant is authorized to dispense . . . controlled 
substances under the laws of the State in which he practices.'').
    As these provisions make plain, possessing authority under state 
law to dispense controlled substances is an essential condition for 
holding a DEA registration. See David W. Wang, 72 FR 54297, 54298 
(2007); Sheran Arden Yeates, 71 FR 39130, 39131 (2006); Dominick A. 
Ricci, 58 FR 51104, 51105 (1993); Bobby Watts, 53 FR 11919, 11920 
(1988). And based on these provisions, the Agency has also ``held that 
revocation is warranted even where a practitioner's state authority has 
been summarily suspended and the State has yet to provide the 
practitioner with a hearing to challenge the State's action at which he 
. . . may ultimately prevail.''

[[Page 50032]]

Kamal Tiwari, 76 FR 71604, 71606 (2011) (citing cases).
    Here, the evidence shows that Registrant's medical license has been 
suspended by the Texas Medical Board. I therefore hold that Registrant 
no longer holds authority under the laws of Texas, the State in which 
he is registered, to dispense controlled substances and that therefore, 
he is not entitled to maintain his DEA registration. See 21 U.S.C. 
802(21), 823(f), 824(a)(3). Accordingly, I will order that his 
registration be revoked.

Order

    Pursuant to the authority vested in me by 21 U.S.C. 823(f) and 
824(a), as well as 28 CFR 0.100(b), I order that DEA Certificate of 
Registration FG1729699 issued to Ronald A. Green, M.D., be, and it 
hereby is, revoked. I further order that any application of Ronald A. 
Green, M.D., to renew or modify his registration, be, and it hereby is, 
denied. This Order is effective immediately.\3\
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    \3\ Based on the findings of fact and conclusions of law which 
led the TMB to concluded that Registrant's ``continuation in the 
practice of medicine would constitute a continuing threat to public 
welfare,'' GX 3, at 3; 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. 2015-20349 Filed 8-17-15; 8:45 am]
BILLING CODE 4410-09-P

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

50032 Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Notices Kamal Tiwari, 76 FR 71604, 71606 Administration, Attention: Hearing DEPARTMENT OF JUSTICE (2011) (citing cases). Clerk/LJ, 8701 Morrissette Drive, Here, the evidence shows that Springfield, Virginia 22152. Comments Drug Enforcement Administration Registrant’s medical license has been and request for hearing on applications [Docket No. 14–24] suspended by the Texas Medical Board. to import narcotic raw material are not I therefore hold that Registrant no longer appropriate. 72 FR 3417 (January 25, Nicholas Nardacci, M.D.; Decision and holds authority under the laws of Texas, 2007). Order the State in which he is registered, to dispense controlled substances and that SUPPLEMENTARY INFORMATION: The On July 15, 2014, the Deputy therefore, he is not entitled to maintain Attorney General has delegated his Assistant Administrator, Office of his DEA registration. See 21 U.S.C. authority under the Controlled Diversion Control, Drug Enforcement 802(21), 823(f), 824(a)(3). Accordingly, I Substances Act to the Administrator of Administration (DEA), issued an Order will order that his registration be the Drug Enforcement Administration to Show Cause to Nicholas J. Nardacci, revoked. (DEA), 28 CFR 0.100(b). Authority to M.D. (Respondent), of Albuquerque, New Mexico. The Show Cause Order Order exercise all necessary functions with proposed the revocation of respect to the promulgation and Pursuant to the authority vested in me Respondent’s DEA Certificate of implementation of 21 CFR part 1301, Registration AN9444592, on the ground by 21 U.S.C. 823(f) and 824(a), as well incident to the registration of as 28 CFR 0.100(b), I order that DEA that he lacks authority to handle manufacturers, distributors, dispensers, controlled substances in New Mexico, Certificate of Registration FG1729699 importers, and exporters of controlled the State in which he is registered with issued to Ronald A. Green, M.D., be, and substances (other than final orders in DEA. Show Cause Order, at 1 (citing 21 it hereby is, revoked. I further order that any application of Ronald A. Green, connection with suspension, denial, or U.S.C. 823(f) & 824(a)(3)). M.D., to renew or modify his revocation of registration) has been The Show Cause Order specifically registration, be, and it hereby is, denied. redelegated to the Deputy Assistant alleged that on August 20, 2013, the This Order is effective immediately.3 Administrator of the DEA Office of New Mexico Medical Board (the Board) Diversion Control (‘‘Deputy Assistant issued a Decision and Order suspending Dated: August 10, 2015. Respondent’s medical license, based on Administrator’’) pursuant to section 7 of Chuck Rosenberg, its finding that since 2010, Respondent 28 CFR part 0, appendix to subpart R. Acting Administrator. had prescribed medical marijuana for In accordance with 21 CFR [FR Doc. 2015–20349 Filed 8–17–15; 8:45 am] numerous persons by certifying to the 1301.34(a), this is notice that on May 8, New Mexico Department of Health that BILLING CODE 4410–09–P 2015, Cody Laboratories, Inc., 601 he was each person’s medical provider, Yellowstone Avenue, Steve Hartman, without first establishing that he was DEPARTMENT OF JUSTICE Vice President of Compliance, Cody, the primary caregiver for any of those Wyoming 82414–9321 applied to be persons or otherwise first establishing a Drug Enforcement Administration registered as an importer of the physician-patient relationship as [Docket No. DEA–392] following basic classes of controlled required under NMSA §§ 26–2B–1 et substances: seq. Id. at 1. Based on the State’s Importer of Controlled Substances suspension of his medical license, the Application: Cody Laboratories, Inc. Controlled substance Schedule Order alleged that Respondent was without authority to handle controlled ACTION: Notice of application. Phenylacetone (8501) .................. II substances in New Mexico, the State in Poppy Straw Concentrate (9670) II which he is registered with DEA, and DATES: Registered bulk manufacturers of Tapentadol (9780) ........................ II thus, he is not entitled to maintain his the affected basic classes, and registration. Id. (citing 21 U.S.C. applicants therefore, may file written The company plans to import narcotic 801(21), 823(f) and 824(a)(3)).1 comments on or objections to the raw materials for manufacturing and On or about August 4, 2014, the Show issuance of the proposed registration in further distribution to its customers. Cause Order was served on Respondent, accordance with 21 CFR 1301.34(a) on The company is registered with the DEA and on September 2, 2014, Respondent or before September 17, 2015. Such as a manufacturer of several controlled filed a letter with the Office of persons may also file a written request substances that are manufactured from Administrative Law Judges. GX 4. for a hearing on the application poppy straw concentrate. Therein, Respondent acknowledged that pursuant to 21 CFR 1301.43 on or before he had been served with the Show September 17, 2015. The company plans to import an Cause Order and requested additional intermediate form of tapentadol (9780), time in which to respond to the Order ADDRESSES: Written comments should be sent to: Drug Enforcement to bulk manufacturer tapentadol for so that he could retain a lawyer; Administration, Attention: DEA Federal distribution to its customers. however, he did not request a hearing. Register Representative/ODXL, 8701 Dated: August 10, 2015. Id. Respondent also asserted that on Morrissette Drive, Springfield, Virginia Joseph T. Rannazzisi, August 12, 2014, the Board had issued a Return to Work Order and therefore, asabaliauskas on DSK5VPTVN1PROD with NOTICES 22152. Request for hearings should be Deputy Assistant Administrator. sent to: Drug Enforcement his state medical license was now [FR Doc. 2015–20278 Filed 8–17–15; 8:45 am] active. Id. The matter was then assigned 3 Based on the findings of fact and conclusions of BILLING CODE 4410–09–P law which led the TMB to concluded that 1 The Show Cause Order also notified Respondent Registrant’s ‘‘continuation in the practice of of his right to request a hearing on the allegations, medicine would constitute a continuing threat to or to submit a written statement in lieu of a hearing, public welfare,’’ GX 3, at 3; I conclude that the the procedure for electing either option, and the public interest requires that this Order be effective consequence for failing to elect either option. Show immediately. See 21 CFR 1316.67. Cause Order, at 2 (citing 21 CFR 1301.43). VerDate Sep<11>2014 17:02 Aug 17, 2015 Jkt 235001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\18AUN1.SGM 18AUN1


Document Created: 2015-12-15 12:04:31
Document Modified: 2015-12-15 12:04:31
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 50031 
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