80 FR 50033 - Jeffrey S. Holverson, M.D.; Decision and Order

DEPARTMENT OF JUSTICE
Drug Enforcement Administration

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

Page Range		50033-50034
FR Document		2015-20346

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

[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Notices]
[Pages 50033-50034]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20346]


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

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 15-19]


Jeffrey S. Holverson, M.D.; Decision and Order

    On March 27, 2015, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration, issued an Order to 
Show Cause to Jeffrey S. Holverson, M.D. (Respondent), of Salt Lake 
City, Utah. The Show Cause Order proposed the revocation of 
Respondent's DEA Certificate of Registration, pursuant to which he is 
authorized to dispense controlled substances as a practitioner, solely 
on the ground that he does ``not have authority to handle controlled 
substances in . . . Utah, the [S]tate in which [he is] registered with 
the DEA.'' Show Cause Order, at 1.
    As the factual basis for the proposed action, the Show Cause Order 
alleged that on January 8, 2015, Respondent ``entered into a `Non-
Disciplinary Limitation Stipulation and Order' '' with the Utah 
Division of Occupational and Professional Licensing, pursuant to which 
he agreed to the suspension of his authority to dispense controlled 
substances. Id. The Order further alleged that ``[t]his suspension 
remains in effect'' and that ``[c]onsequently . . . DEA must revoke 
[his] registration.'' Id. (citing 21 U.S.C. 802(21), 823(f), and 
824(a)(3)).
    Following service of the Show Cause Order, Respondent requested a 
hearing on the allegations. Order Granting the Govt's Mot. for Summ. 
Disp. (hereinafter, ALJ Order), at 2. Thereafter, the Government moved 
for summary disposition on the ground that by virtue of the Non-
Disciplinary Limitation Stipulation and Order, which Respondent entered 
into on January 8, 2015, he ``does not have authority to . . . dispense 
controlled substances'' under Utah law, and that notwithstanding that 
the ``suspension may or may not continue'' past the 180-day period set 
forth in the State's Order, ``DEA final orders are clear and 
unequivocal that [Respondent's] registration should be revoked.'' Gov't 
Mot. for Summ. Disp., at 5. While in his hearing request, Respondent 
had objected to the proposed revocation of his registration, he did not 
respond to the Government's motion. ALJ Order, at 2-3. The ALJ, finding 
it undisputed that ``the limitation on [Respondent's] ability to 
prescribe controlled substances will remain in effect until at least 
July 7, 2015,'' and noting that ``there is no guarantee that his 
authority . . . will be restored after 180 days,'' granted the 
Government's motion and recommended that Respondent's registration be 
revoked and that any pending applications to renew or modify his 
registration be denied. Id. at 4-6.
    Neither party filed exceptions to the ALJ's Order. Thereafter, on 
June 9, 2015, the ALJ forwarded the record to my Office for Final 
Agency Action. However, upon review of the record, it was noted that 
the Non-Disciplinary Limitation Stipulation was due to expire on or 
about July 7, 2015. Accordingly, on July 27, 2015, I directed the 
parties to address whether the order remained in effect and if the 
order no longer was in effect, ``to address whether Respondent 
currently possesses authority to dispense controlled substances under 
the laws of the State of Utah.'' Order of the Administrator, at 1 (July 
27, 2015).
    On August 5, 2015, the Government filed its Response to my Order. 
Therein, the Government states that ``[t]he time of the Suspension 
Order has now expired, and DEA has been informed by [the Division of 
Professional Licensing] that at this time the Suspension order has not 
been extended.'' Gov't Response, at 2. The Government thus acknowledges 
that ``at this time Respondent is allowed to dispense controlled 
substances under the laws of the State of Utah.'' Id. The Government 
thus requests that the Show Cause Order be dismissed. Id.
    Because the Show Cause Order was based solely on Respondent's lack 
of authority under state law to dispense controlled substances and that 
factual predicate no longer exists, I grant the Government's request 
and will dismiss the Show Cause Order.

[[Page 50034]]

Order

    Pursuant to the authority vested in me by 21 U.S.C. 824(a), as well 
as 28 CFR 0.100(b), I order that the Order to Show Cause issued to 
Jeffrey S. Holverson, M.D., be, and it hereby is, dismissed. This Order 
is effective immediately.

    Dated: August 10, 2015.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2015-20346 Filed 8-17-15; 8:45 am]
 BILLING CODE 4410-09-P

Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Notices 50033

to an Administrative Law Judge, who the State in which he is registered with of the Non-Disciplinary Limitation
ordered the Government to respond to this Agency. Because Respondent’s loss Stipulation and Order, which
Respondent’s statement that ‘‘he of state authority was the sole basis for Respondent entered into on January 8,
currently has an active license.’’ GX 5, the Show Cause Order and this ground 2015, he ‘‘does not have authority to
at 1. no longer exists, I conclude that this . . . dispense controlled substances’’
In the meantime, on September 3, case is now moot and will order that the under Utah law, and that
2014, the New Mexico Medical Board Show Cause Order be dismissed. notwithstanding that the ‘‘suspension
notified a DEA Diversion Investigator in may or may not continue’’ past the 180-
the Albuquerque District Office that the Order day period set forth in the State’s Order,
Board’s August 12, 2014 Order did not Pursuant to the authority vested in me ‘‘DEA final orders are clear and
place any formal restrictions on by 21 U.S.C. 824(a), as well as 28 CFR unequivocal that [Respondent’s]
Respondent’s authority to prescribe 0.100(b), I order that the Order to Show registration should be revoked.’’ Gov’t
controlled substances, explaining that Cause issued to Nicholas J. Nardacci, Mot. for Summ. Disp., at 5. While in his
his prescribing was not at issue in the M.D., be, and it hereby is, dismissed. hearing request, Respondent had
Board’s case. GX 3. Thereafter, on This Order is effective immediately. objected to the proposed revocation of
September 9, 2014, the Government Dated: August 10, 2015. his registration, he did not respond to
filed a motion for Termination of the Government’s motion. ALJ Order, at
Chuck Rosenberg,
Proceedings, stating that the allegations 2–3. The ALJ, finding it undisputed that
Acting Administrator.
of the Show Cause Order were now ‘‘the limitation on [Respondent’s] ability
[FR Doc. 2015–20350 Filed 8–17–15; 8:45 am] to prescribe controlled substances will
moot and that ‘‘these developments
apparently obviate the need for any BILLING CODE 4410–09–P remain in effect until at least July 7,
further proceedings.’’ GX 5, at 2. 2015,’’ and noting that ‘‘there is no
Noting that Respondent had not guarantee that his authority . . . will be
requested a hearing, the ALJ concluded DEPARTMENT OF JUSTICE restored after 180 days,’’ granted the
that ‘‘the only jurisdictional authority’’ Government’s motion and
Drug Enforcement Administration
she possessed was to determine whether recommended that Respondent’s
to grant Respondent’s request for ‘‘a [Docket No. 15–19] registration be revoked and that any
reasonable extension of the time pending applications to renew or
allowed for response to an Order to Jeffrey S. Holverson, M.D.; Decision modify his registration be denied. Id. at
Show Cause.’’ Order Denying and Order 4–6.
Respondent’s Motion For Extension of Neither party filed exceptions to the
On March 27, 2015, the Deputy ALJ’s Order. Thereafter, on June 9, 2015,
Time, at 2 (quoting 21 CFR 1316.47). Assistant Administrator, Office of
The ALJ thus concluded that she did not the ALJ forwarded the record to my
Diversion Control, Drug Enforcement Office for Final Agency Action.
have jurisdiction to rule on the Administration, issued an Order to
Government’s motion. Id. The ALJ then However, upon review of the record, it
Show Cause to Jeffrey S. Holverson, was noted that the Non-Disciplinary
denied Respondent’s motion, ‘‘with the M.D. (Respondent), of Salt Lake City,
understanding that the Government will Limitation Stipulation was due to expire
Utah. The Show Cause Order proposed on or about July 7, 2015. Accordingly,
take the necessary steps to properly the revocation of Respondent’s DEA
dismiss the’’ Show Cause Order. Id. on July 27, 2015, I directed the parties
Certificate of Registration, pursuant to to address whether the order remained
On February 3, 2015, the Government
which he is authorized to dispense in effect and if the order no longer was
submitted a ‘‘Request [f]or Dismissal [o]f
controlled substances as a practitioner, in effect, ‘‘to address whether
Order [t]o Show Cause.’’ Therein, the
solely on the ground that he does ‘‘not Respondent currently possesses
Government states that although
have authority to handle controlled authority to dispense controlled
Respondent was without state authority
substances in . . . Utah, the [S]tate in substances under the laws of the State
to handle controlled substances on July
which [he is] registered with the DEA.’’ of Utah.’’ Order of the Administrator, at
15, 2014, when the Show Cause Order
Show Cause Order, at 1. 1 (July 27, 2015).
was issued, the New Mexico Medical
As the factual basis for the proposed On August 5, 2015, the Government
Board has since lifted the suspension of
action, the Show Cause Order alleged filed its Response to my Order. Therein,
his medical license and Respondent
that on January 8, 2015, Respondent the Government states that ‘‘[t]he time
currently has no restrictions on his state
‘‘entered into a ‘Non-Disciplinary of the Suspension Order has now
authority to handle controlled
Limitation Stipulation and Order’ ’’ with expired, and DEA has been informed by
substances.2 Id. at 2. Because the Show
the Utah Division of Occupational and [the Division of Professional Licensing]
Cause Order sought revocation of
Professional Licensing, pursuant to that at this time the Suspension order
Respondent’s registration solely on the
which he agreed to the suspension of has not been extended.’’ Gov’t
basis of his lack of state authority to
his authority to dispense controlled Response, at 2. The Government thus
handle controlled substances, and that
substances. Id. The Order further acknowledges that ‘‘at this time
ground for revocation no longer exists,
alleged that ‘‘[t]his suspension remains Respondent is allowed to dispense
the Government requests that I dismiss
in effect’’ and that ‘‘[c]onsequently . . . controlled substances under the laws of
the Order. Id. at 2.
DEA must revoke [his] registration.’’ Id. the State of Utah.’’ Id. The Government
Based on my review of the Board’s
(citing 21 U.S.C. 802(21), 823(f), and thus requests that the Show Cause Order
asabaliauskas on DSK5VPTVN1PROD with NOTICES

Order, as well as the Board’s September
824(a)(3)). be dismissed. Id.
3, 2014 letter to the Diversion
Following service of the Show Cause Because the Show Cause Order was
Investigator, I find that Respondent is
Order, Respondent requested a hearing based solely on Respondent’s lack of
currently authorized to dispense
on the allegations. Order Granting the authority under state law to dispense
controlled substances in New Mexico,
Govt’s Mot. for Summ. Disp. controlled substances and that factual
2 The Government submitted a copy of the (hereinafter, ALJ Order), at 2. Thereafter, predicate no longer exists, I grant the
Board’s Order with its Request for Dismissal. See the Government moved for summary Government’s request and will dismiss
GX 2. disposition on the ground that by virtue the Show Cause Order.

VerDate Sep<11>2014 17:02 Aug 17, 2015 Jkt 235001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\18AUN1.SGM 18AUN1

50034 Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Notices

Order As evidenced by the signed return of unit doses of controlled substances
receipt card, on December 1, 2014, between January 1, 2012 and December
Pursuant to the authority vested in me Respondent was served with the Show 31, 2012, that she failed to adequately
by 21 U.S.C. 824(a), as well as 28 CFR Cause Order. GX 2. On January 6, 2015, assess patients prior to prescribing
0.100(b), I order that the Order to Show Respondent filed a letter (dated Jan. 2, controlled substances, and that she
Cause issued to Jeffrey S. Holverson, 2015) which presented her position on documented inaccurate and
M.D., be, and it hereby is, dismissed. the issues involved in the Nursing contradictory information in medical
This Order is effective immediately. Board’s proceeding. GX 3. Respondent records.’’ GX 4, at 1. Respondent further
Dated: August 10, 2015. did not, however, dispute that DEA agreed to the Board’s issuance of a
Chuck Rosenberg, ‘‘must revoke’’ her registration. Id. Nor decision and order which suspended
Acting Administrator. did she request a hearing on the her Advanced Practitioner of Nursing
[FR Doc. 2015–20346 Filed 8–17–15; 8:45 am] allegations of the Show Cause Order. Id. Certificate ‘‘for a minimum of one year.’’
As explained above, under 21 CFR Id. at 3. According to the online records
BILLING CODE 4410–09–P
1301.43(c), ‘‘[a]ny person entitled to a of the Board, Respondent’s Advanced
hearing . . . may, within the period Practitioner of Nursing Certificate either
DEPARTMENT OF JUSTICE permitted for filing a request for a expired on January 16, 2014 or remains
hearing or a notice of appearance, file suspended as of this date. So too, her
Drug Enforcement Administration with the Administrator a waiver of an Board of Pharmacy license remains
opportunity for a hearing . . . together suspended as of this date.
Devra Hamilton, N.P.; Decision and with a written statement regarding such
Order Discussion
person’s position on the matters of fact
and law involved in such hearing.’’ The Controlled Substances Act (CSA)
On November 24, 2014, the Deputy However, DEA regulations require that grants the Attorney General authority to
Assistant Administrator, Office of the written statement be filed ‘‘within revoke a registration ‘‘upon a finding
Diversion Control, Drug Enforcement 30 days after the date of receipt of the’’ that the registrant . . . has had [her]
Administration (DEA), issued an Order Show Cause Order, 21 CFR 1301.43(a), State license or registration suspended
to Show Cause to Devra Hamilton, N.P. and specify that documents ‘‘shall be [or] revoked . . . and is no longer
(hereinafter, Respondent), of Las Vegas, dated and deemed filed upon receipt by authorized by State law to engage in the
Nevada. GX 1. The Show Cause Order the Hearing Clerk.’’ Id. § 1316.45. Thus, . . . distribution [or] dispensing of
proposed the revocation of I find that Respondent’s letter was controlled substances.’’ 21 U.S.C.
Respondent’s Certificate of Registration untimely and do not consider it. I 824(a)(3). Moreover, DEA has long held
MH2194176, on the ground that she further find that Respondent has waived that a practitioner must be currently
does not currently possess authority to her right to a hearing. authorized to handle controlled
handle controlled substances in Nevada, Thereafter, on January 28, 2015, the substances in the ‘‘jurisdiction in which
the State in which she is registered with Government submitted a Request for [she] practices’’ in order to maintain a
the Agency. Id. at 1–2 (citing 21 U.S.C. Final Agency Action with DEA registration. See 21 U.S.C. 802(21)
824(a)(3)). accompanying documentation, (‘‘the term ‘practitioner’ means a
The Show Cause Order specifically including the Nursing Board’s Order physician . . . or other person licensed,
suspending her APN license and a registered or otherwise permitted, by
alleged that on January 16, 2014, the
printout from the Nevada State Board of . . . the jurisdiction in which [she]
Nevada State Board of Nursing
Pharmacy showing the status of her practices . . . to distribute, dispense,
suspended Respondent’s license as an
state controlled substance license. I [or] administer . . . a controlled
Advance Practitioner of Nursing (APN),
make the following findings of fact. substance in the course of professional
after she admitted that the Board had
practice.’’); see also id. § 823(f) (‘‘The
‘‘sufficient evidence to prove that [she] Findings Attorney General shall register
prescribed large amounts of unit doses
Pursuant to 5 U.S.C. 556(e), I take practitioners . . . to dispense . . . if the
of controlled substances between
official notice of Respondent’s applicant is authorized to dispense . . .
January 1, 2012 and December 31, 2012,
registration record with the Agency. controlled substances under the laws of
that [she] failed to adequately assess the State in which [she] practices.’’). As
patients prior to prescribing controlled According to that record, Respondent is
currently registered as a mid-level these provisions make plain, possessing
substances, and that [she] documented authority under state law to dispense
inaccurate and contradictory practitioner, with authority to dispense
controlled substances in schedules II controlled substances is an essential
information in medical records.’’ Id. at condition for holding a DEA
1 (citations omitted). The Show Cause through V, at the address of 9010 W.
Cheyenne, Las Vegas, NV 89129. registration. See David W. Wang, 72 FR
Order further alleged that in March 54297, 54298 (2007); Sheran Arden
2014, the Nevada State Board of Respondent’s registration does not
expire under October 31, 2016. Yeates, 71 FR 39130, 39131 (2006);
Pharmacy revoked her license to Dominick A. Ricci, 58 FR 51104, 51105
On January 8, 2014, Respondent
prescribe controlled substances based (1993); Bobby Watts, 53 FR 11919,
entered into an ‘‘Agreement for
on the Nursing Board’s suspension of 11920 (1988).
Probation and Suspension of [her]
her APN license. Id. The Order thus Here, the evidence shows that both
Advanced Practitioner of Nursing
alleged that Respondent is ‘‘currently Respondent’s Advance Practitioner of
asabaliauskas on DSK5VPTVN1PROD with NOTICES

Certificate’’; on January 16, 2014, the
without authority to handle controlled Nursing Certificate and her state
Board approved the agreement. Therein,
substances’’ in the State in which she is Controlled Substance License have been
Respondent denied the allegations
registered, and that her registration is suspended by the Nevada State Board of
raised by the Board, but admitted that
therefore subject to revocation.1 Id. at 2. Nursing and the Nevada State Board of
‘‘the Board ha[d] sufficient evidence to
1 The Show Cause Order also notified Respondent prove that she prescribed large amounts Pharmacy respectively. I therefore hold
of her right to request a hearing on the allegations
that Respondent no longer possesses
or to submit a written statement in lieu of a hearing, consequence of failing to elect either option. Id. at authority under Nevada law to dispense
the procedure for electing either option, and the 2 (citing 21 CFR 1301.43). controlled substances and that she is

VerDate Sep<11>2014 17:02 Aug 17, 2015 Jkt 235001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\18AUN1.SGM 18AUN1

Document Created: 2015-12-15 12:05:02
Document Modified: 2015-12-15 12:05:02

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 50033

80 FR 50033 - Jeffrey S. Holverson, M.D.; Decision and Order

DEPARTMENT OF JUSTICEDrug Enforcement Administration

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

DEPARTMENT OF JUSTICE
Drug Enforcement Administration