80 FR 50034 - Devra Hamilton, N.P.; Decision and Order

DEPARTMENT OF JUSTICE
Drug Enforcement Administration

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

Page Range		50034-50035
FR Document		2015-20348
Federal Register, Volume 80 Issue 159 (Tuesday, August 18, 2015)
[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Notices]
[Pages 50034-50035]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20348]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Devra Hamilton, N.P.; Decision and Order

    On November 24, 2014, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Devra Hamilton, N.P. (hereinafter, Respondent), 
of Las Vegas, Nevada. GX 1. The Show Cause Order proposed the 
revocation of Respondent's Certificate of Registration MH2194176, on 
the ground that she does not currently possess authority to handle 
controlled substances in Nevada, the State in which she is registered 
with the Agency. Id. at 1-2 (citing 21 U.S.C. 824(a)(3)).
    The Show Cause Order specifically alleged that on January 16, 2014, 
the Nevada State Board of Nursing suspended Respondent's license as an 
Advance Practitioner of Nursing (APN), after she admitted that the 
Board had ``sufficient evidence to prove that [she] prescribed large 
amounts of unit doses of controlled substances between January 1, 2012 
and December 31, 2012, that [she] failed to adequately assess patients 
prior to prescribing controlled substances, and that [she] documented 
inaccurate and contradictory information in medical records.'' Id. at 1 
(citations omitted). The Show Cause Order further alleged that in March 
2014, the Nevada State Board of Pharmacy revoked her license to 
prescribe controlled substances based on the Nursing Board's suspension 
of her APN license. Id. The Order thus alleged that Respondent is 
``currently without authority to handle controlled substances'' in the 
State in which she is registered, and that her registration is 
therefore subject to revocation.\1\ Id. at 2.
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    \1\ The Show Cause Order also notified Respondent of her 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 of failing to elect either option. Id. 
at 2 (citing 21 CFR 1301.43).
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    As evidenced by the signed return receipt card, on December 1, 
2014, Respondent was served with the Show Cause Order. GX 2. On January 
6, 2015, Respondent filed a letter (dated Jan. 2, 2015) which presented 
her position on the issues involved in the Nursing Board's proceeding. 
GX 3. Respondent did not, however, dispute that DEA ``must revoke'' her 
registration. Id. Nor did she request a hearing on the allegations of 
the Show Cause Order. Id.
    As explained above, under 21 CFR 1301.43(c), ``[a]ny person 
entitled to a hearing . . . may, within the period permitted for filing 
a request for a hearing or a notice of appearance, file with the 
Administrator a waiver of an opportunity for a hearing . . . together 
with a written statement regarding such person's position on the 
matters of fact and law involved in such hearing.'' However, DEA 
regulations require that the written statement be filed ``within 30 
days after the date of receipt of the'' Show Cause Order, 21 CFR 
1301.43(a), and specify that documents ``shall be dated and deemed 
filed upon receipt by the Hearing Clerk.'' Id. Sec.  1316.45. Thus, I 
find that Respondent's letter was untimely and do not consider it. I 
further find that Respondent has waived her right to a hearing.
    Thereafter, on January 28, 2015, the Government submitted a Request 
for Final Agency Action with accompanying documentation, including the 
Nursing Board's Order suspending her APN license and a printout from 
the Nevada State Board of Pharmacy showing the status of her state 
controlled substance license. I make the following findings of fact.

Findings

    Pursuant to 5 U.S.C. 556(e), I take official notice of Respondent's 
registration record with the Agency. According to that record, 
Respondent is currently registered as a mid-level practitioner, with 
authority to dispense controlled substances in schedules II through V, 
at the address of 9010 W. Cheyenne, Las Vegas, NV 89129. Respondent's 
registration does not expire under October 31, 2016.
    On January 8, 2014, Respondent entered into an ``Agreement for 
Probation and Suspension of [her] Advanced Practitioner of Nursing 
Certificate''; on January 16, 2014, the Board approved the agreement. 
Therein, Respondent denied the allegations raised by the Board, but 
admitted that ``the Board ha[d] sufficient evidence to prove that she 
prescribed large amounts of unit doses of controlled substances between 
January 1, 2012 and December 31, 2012, that she failed to adequately 
assess patients prior to prescribing controlled substances, and that 
she documented inaccurate and contradictory information in medical 
records.'' GX 4, at 1. Respondent further agreed to the Board's 
issuance of a decision and order which suspended her Advanced 
Practitioner of Nursing Certificate ``for a minimum of one year.'' Id. 
at 3. According to the online records of the Board, Respondent's 
Advanced Practitioner of Nursing Certificate either expired on January 
16, 2014 or remains suspended as of this date. So too, her Board of 
Pharmacy license remains suspended as of this date.

Discussion

    The Controlled Substances Act (CSA) grants the Attorney General 
authority to revoke a registration ``upon a finding that the registrant 
. . . has had [her] 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). Moreover, DEA has long held that a practitioner must 
be currently authorized to handle controlled substances in the 
``jurisdiction in which [she] 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 [she] 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 [she] 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).
    Here, the evidence shows that both Respondent's Advance 
Practitioner of Nursing Certificate and her state Controlled Substance 
License have been suspended by the Nevada State Board of Nursing and 
the Nevada State Board of Pharmacy respectively. I therefore hold that 
Respondent no longer possesses authority under Nevada law to dispense 
controlled substances and that she is

[[Page 50035]]

therefore not entitled to maintain her DEA registration. See 21 U.S.C. 
802(21), 823(f), and 824(a)(3). Accordingly, I will order that her 
registration be revoked.

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 DEA Certificate of Registration 
MH2194176 issued to Devra A. Hamilton, A.P.N., be, and it hereby is, 
revoked. I further order that any pending application of Devra A. 
Hamilton, A.P.N., to renew or modify her registration, be, and it 
hereby is, denied. This Order is effective September 17, 2015.

    Dated: August 10, 2015.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2015-20348 Filed 8-17-15; 8:45 am]
BILLING CODE 4410-09-P
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

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Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Notices 50035

therefore not entitled to maintain her Administrator of the DEA Office of registration inconsistent with the public
DEA registration. See 21 U.S.C. 802(21), Diversion Control (‘‘Deputy Assistant interest, the Show Cause Order alleged
823(f), and 824(a)(3). Accordingly, I will Administrator’’) pursuant to section 7 of that Respondent violated federal law by
order that her registration be revoked. 28 CFR part 0, appendix to subpart R. issuing controlled substance
In accordance with 21 CFR prescriptions when he ‘‘no longer
Order 1301.33(a), this is notice that on March possessed a DEA registration.’’ Id. at 2
Pursuant to the authority vested in me 30, 2015, IRIX Manufacturing, Inc., 309 (citing 21 CFR 1306.03(a)). More
by 21 U.S.C. 824(a), as well as 28 CFR Delaware Street, Building 1106, specifically, the Order alleged that on
0.100(b), I order that DEA Certificate of Greenville, South Carolina 29605 May 5, 2012, Respondent had issued a
Registration MH2194176 issued to applied to be registered as a bulk prescription for 60 tablets of Lyrica 75
Devra A. Hamilton, A.P.N., be, and it manufacturer of the following basic mg, a schedule V controlled substance,
hereby is, revoked. I further order that classes of controlled substances: and on September 12, 2012, Respondent
any pending application of Devra A. had issued a prescription for Zutripro
Hamilton, A.P.N., to renew or modify Controlled Substance Schedule 120 ml, a schedule III controlled
her registration, be, and it hereby is, substance. Id.
Marihuana (7360) ......................... I
denied. This Order is effective The Show Cause Order also alleged
Tetrahydrocannabinols (7370) ..... I
September 17, 2015. that from July 11, 2011 through
Dated: August 10, 2015. The company plans to manufacture November 4, 2011, Respondent
Chuck Rosenberg, the above-listed controlled substances ‘‘dispensed controlled substances on
Acting Administrator. as Active Pharmaceutical Ingredient behalf of Care Plus Medical Group
[FR Doc. 2015–20348 Filed 8–17–15; 8:45 am] (API) for clinical trials. (CPMG), a purported pain management
Dated: August 10, 2015. clinic formerly located in Creve Coeur,
BILLING CODE 4410–09–P
Joseph T. Rannazzisi,
Missouri, [which] was owned by Scott
Whitney.’’ Id. The Order alleged that
Deputy Assistant Administrator.
DEPARTMENT OF JUSTICE prior to beginning his employment with
[FR Doc. 2015–20285 Filed 8–17–15; 8:45 am]
CPMG, Respondent arranged with
BILLING CODE 4410–09–P
Drug Enforcement Administration Whitney to order schedule II controlled
substances under his previous
[Docket No. DEA–392]
registration and that ‘‘[t]o that end, . . .
DEPARTMENT OF JUSTICE
Bulk Manufacturer of Controlled Whitney sent 20 DEA 222 forms to
Substances Application: IRIX Drug Enforcement Administration [Respondent’s] residence, and asked
Manufacturing, Inc. that [he] pre-sign them so that
Arthur H. Bell, D.O.; Decision and controlled substances could be ordered
ACTION: Notice of application. Order on behalf of CPMG.’’ Id. The Order then
alleged that Respondent ‘‘pre-signed the
DATES: Registered bulk manufacturers of On July 15, 2014, the Deputy forms, dated them . . . and mailed them
the affected basic classes, and Assistant Administrator, Office of to . . . Whitney . . . [who] then used one
applicants therefore, may file written Diversion Control, Drug Enforcement
. . . to place orders for oxycodone 30 mg
comments on or objections to the Administration, issued an Order to
and oxycodone 10/325 mg.’’ Id. The
issuance of the proposed registration in Show Cause to Arthur H. Bell, D.O.
Order alleged that this violated federal
accordance with 21 CFR 1301.33(a) on (Respondent), of Covington, Kentucky.
law because it ‘‘authoriz[ed] . . .
or before October 19, 2015. GX 1, at 1. The Show Cause Order
Whitney to place an order for controlled
proposed the denial of Respondent’s
ADDRESSES: Written comments should substances under [Respondent’s]
application for a DEA Certificate of
be sent to: Drug Enforcement previous . . . registration without
Registration as a practitioner on
Administration, Attention: DEA Federal executing a power of attorney for . . .
multiple grounds, including that he had
Register Representative/ODXL, 8701 Whitney.’’ Id. (citing 21 CFR
materially falsified his application for a
Morrissette Drive, Springfield, Virginia registration, as well as that he had 1303.05(a)).
22152. Request for hearings should be committed acts which render his Next, the Show Cause Order alleged
sent to: Drug Enforcement registration inconsistent with the public that on October 28, 2013, Respondent
Administration, Attention: Hearing interest. Id. at 1–2 (citing 21 U.S.C. falsified his application for his Ohio
Clerk/LJ, 8701 Morrissette Drive, 823(f) and 824(a)(1)). medical license, when he failed to
Springfield, Virginia 22152. As for the material falsification disclose that he had previously
SUPPLEMENTARY INFORMATION: The allegation, the Show Cause Order surrendered his DEA registration. Id. at
Attorney General has delegated his alleged that on November 9, 2011, 1–2. The Order further alleged that this
authority under the Controlled Respondent had voluntarily surrendered ‘‘conduct evidences a lack of candor to
Substances Act to the Administrator of his previous DEA Registration. Id. The Ohio licensing authorities.’’ Id. (citing
the Drug Enforcement Administration Order then alleged that on March 14, 21 U.S.C. 823(f)(5)).
(DEA), 28 CFR 0.100(b). Authority to 2013, Respondent applied for a new Finally, the Show Cause Order
exercise all necessary functions with DEA registration, but materially falsified notified Respondent of his right to
respect to the promulgation and request a hearing on the allegations or
asabaliauskas on DSK5VPTVN1PROD with NOTICES

the application when he ‘‘answered ‘no’
implementation of 21 CFR part 1301, to question which asked, ‘[h]as the to submit a written statement in lieu of
incident to the registration of Respondent ever surrendered (for cause) a hearing, the procedure for electing
manufacturers, distributors, dispensers, or had a federal controlled substance either option, and the consequence of
importers, and exporters of controlled registration revoked, suspended, failing to elect either option. Id. at 2–3
substances (other than final orders in restricted or denied, or is any such (citing 21 CFR 1301.43). The
connection with suspension, denial, or action pending?’’’ Id. Government also included with the
revocation of registration) has been As for the allegations that Respondent Order a sample Request for Hearing
redelegated to the Deputy Assistant had committed acts which render his form. Id. at 4.

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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 50034
80 FR 50034 - Devra Hamilton, N.P.; Decision and Order

DEPARTMENT OF JUSTICEDrug Enforcement Administration

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

DEPARTMENT OF JUSTICE
Drug Enforcement Administration
