81 FR 14890 - Kristen Lee Raines, A.P.R.N.; Decision and Order

DEPARTMENT OF JUSTICE
Drug Enforcement Administration

Federal Register Volume 81, Issue 53 (March 18, 2016)

Page Range		14890-14892
FR Document		2016-06103
Federal Register, Volume 81 Issue 53 (Friday, March 18, 2016)
[Federal Register Volume 81, Number 53 (Friday, March 18, 2016)]
[Notices]
[Pages 14890-14892]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06103]


=======================================================================
-----------------------------------------------------------------------

 DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 16-5]


Kristen Lee Raines, A.P.R.N.; Decision and Order

    On September 16, 2015, the Deputy Assistant Administrator, Office 
of Diversion Control, Drug Enforcement Administration, issued an Order 
to Show Cause to Kristen Lee Raines, A.P.R.N. (hereinafter, 
Respondent), of Little Rock, Arkansas. The Show Cause Order proposed 
the revocation of Respondent's DEA Certificate of Registration 
MR1972632, pursuant to which she is authorized to dispense controlled 
substances in schedules III through V, as a mid-level practitioner, as 
well as the denial of any pending applications to renew or modify her 
registration, on the ground that she does not have authority to 
dispense controlled substances in Arkansas, the State in which she 
holds her registration. Show Cause Order at 1.
    The Show Cause Order alleged that Respondent's registration will 
not expire until April 30, 2018. Id. The Show Cause Order then alleged 
that the Arkansas State Board of Nursing had issued an Order, which 
summarily suspended Respondent's nursing and advance practice nursing 
licenses effective on June 19, 2015. Id. The Show Cause Order thus 
alleged that Respondent is ``without authority to handle controlled 
substances in Arkansas,'' and as a consequence, her DEA registration is 
subject to revocation. Id. (citing 21 U.S.C. 802(21), 823(f), and 
824(a)(3)).
    Following service of the Show Cause Order, Respondent, through her 
counsel, requested a hearing on the allegations. In her hearing 
request, Respondent did not dispute that her registration does not 
expire until April 30, 2018. Resp. Hearing Req., at 1. Nor did she 
dispute that the Arkansas State Board of Nursing had summarily 
suspended her nursing and advance practice nursing licenses. Id. 
Instead, Respondent objected to the proposed action ``on the grounds 
that the Show Cause Order and suspension of her Arkansas nursing 
license and advance practice nursing license stem from unfounded and 
unsubstantiated allegations that she violated . . . 21 U.S.C. 841(a)(1) 
and (b)(1)(e) by the U.S. Attorney in'' a criminal case brought against 
her in the Eastern District of Arkansas. Id. Respondent further 
asserted that ``she did not knowingly or intentionally distribute 
[h]ydrocodone and [a]lprazolam . . . without an effective 
prescription.'' Id. Respondent further stated that she has pled not 
guilty to the charges and believes that she will be acquitted. Id.
    Thereafter, the matter was placed on the docket of the Office of 
Administrative Law Judges and assigned to Chief Administrative Law 
Judge John J. Mulrooney, II (hereinafter, CALJ). On October 20, 2015, 
the CALJ issued an order directing the Government to file evidence to 
support the allegation and any motion for summary disposition by 
October 30, 2015; the order also provided that Respondent should 
respond to the Government's expected motion no later than November 13, 
2015.
    On October 26, 2015, the Government filed its Motion for Summary 
Disposition. As support for the Motion, the Government attached a copy 
of the decision and order of the Arkansas State Board of Nursing, which 
summarily suspended Respondent's advance practice nursing license and 
nursing license effective June 19, 2015. Mot. for Summ. Disp., at 
Attachment 3, at 3 (Findings of Fact, Conclusions of Law, and Order, at 
3; In re Kristen Lee Raines Plant Raines (Ark. Bd. of Nursing, June 19, 
2015) (hereinafter, Nursing Board Order). The Government also provided 
a printout from the Nursing Board's Web site (dated September 4, 2015) 
showing that both Respondent's RN and Certified Nurse Practitioner 
licenses were suspended. Mot. for Summ. Disp., at Attachment 4.
    Respondent opposed the Government's Motion. In her opposition, 
Respondent asserted that she has been wrongly accused, and that the 
State Board's suspension of her licenses is the ``result of her 
wrongful indictment.'' Resp. Reply to Govt's Mot. for Summ. Disp., at 
3. She further argued that the DEA may exercise discretion in 
determining the appropriate sanction and that revocation of her 
registration ``is an unjust and overly severe punishment given the 
circumstances, particularly that the

[[Page 14891]]

Government [i.e., the U.S. Attorney] admits it lacks the evidence to 
substantiate the criminal indictment against'' her. Id. at 5. She then 
maintains that suspending her registration ``pending the outcome [of 
the criminal case] is more appropriate and fair in light of the facts 
and circumstances of this case,'' and that ``[i]t would be a further 
miscarriage of justice to revoke her [registration] on top of her 
criminal indictment absent any corroborating evidence thereof.'' Id. at 
5-6.\1\
---------------------------------------------------------------------------

    \1\ In opposing the Government's motion, Respondent attached a 
copy of the indictment, as well as the Assistant United States 
Attorney's response and supplemental response to her motion to 
compel discovery. Respondent also submitted an affidavit in which 
she asserts that she is not guilty of the charges and that she is 
confident that the charges will either be dismissed or that she will 
be acquitted. Resp. Reply to Gov. Mot. for Summ. Disp., at Ex. C. 
Therein, she further asserts that she has requested a hearing on the 
Nursing Board's action, and that she ``expect[s] that [her] nursing 
licensed will be restored.'' Id. at 2. She also contends that due to 
the Board's actions against her licenses, ``the additional 
revocation of my [registration] would affect no change in my 
employment status and is unnecessary and would serve no public 
purpose.'' Id. She thus requested that the revocation of her 
registration be stayed pending the outcome of her criminal case and 
the Nursing Board's action. Id.
---------------------------------------------------------------------------

    On November 16, 2015, the CALJ granted the Government's motion. The 
CALJ correctly rejected Respondent's request for a stay of the 
proceedings, noting that a stay can rarely be justified by the 
existence of collateral proceedings.\2\ Order Granting Govt's Mot. for 
Summ. Disp., at 4 (citing Grider Drug #1 & Grider Drug #2, 77 FR 44070, 
44104 n.97 (2012)). Finding it undisputed ``that the Respondent lacks 
state authority to handle controlled substances in the [S]tate of 
Arkansas,'' the CALJ concluded that ``[b]ecause the Respondent lacks 
such state authority, both the plain language of applicable federal 
statutory provisions and Agency interpretive precedent dictate that she 
is not entitled to maintain her DEA registration.'' Order Granting 
Govt's Mot. for Summ. Disp., at 6. The CALJ thus recommended that I 
revoke Respondent's registration.
---------------------------------------------------------------------------

    \2\ In his Order, the CALJ noted that ``the Agency recently held 
revocation proceedings in abeyance at the post-hearing adjudication 
level for a lengthy period pending the resolution of criminal fraud 
charges.'' Order Granting Govt's Mot. for Summ. Disp., at 4-5 
(citing Odette L. Campbell, 80 FR 41062, 41064 (2015)). However, in 
Campbell, the respondent was indicted on 30 counts of health care 
fraud shortly before the hearing in the matter and also allowed her 
registration to expire; indeed, the respondent did not file a new 
application until three months after the hearing. See 80 FR at 
41063. Thus, at the time the Administrator's Office held the case in 
abeyance, Campbell no longer involved a revocation proceeding. 
Moreover, had the respondent been convicted on the health care fraud 
charges, she would have been subject to mandatory exclusion from 
federal health care programs and her application would have been 
subject to denial on this basis. See Arvinder Singh, 81 FR 8247 
(2016) (denying application based, in part, on physician's 
convictions for health care fraud and mandatory exclusion from 
federal health care programs pursuant to 42 U.S.C. 1320a-7(a)).
---------------------------------------------------------------------------

    Neither party filed exceptions to the CALJ's Recommended Decision. 
Thereafter, the record was forwarded to me for Final Agency Action. 
Having reviewed the record in its entirety, I adopt the CALJ's factual 
finding, his legal conclusion and recommended disposition. I make the 
following findings:

Findings of Fact

    Respondent is the holder of DEA Certificate of Registration 
MR1972632, pursuant to which she is authorized to dispense controlled 
substances in schedules III through V, as a mid-level practitioner, at 
the address of 14312 Ridgewood Dr., Little Rock, Arkansas 72211. Gov. 
Mot. for Summ. Disp., Attachment 1, at 1. Respondent's registration 
does not expire until April 30, 2018. Id.
    Respondent is also the holder of Advanced Practice Registered Nurse 
License A003251 and Registered Nurse License R063743 issued by the 
Arkansas State Board of Nursing. Nursing Board Order, at 1. On June 19, 
2015, the Board ordered the summary suspension of both of these 
licenses. Id. at 3. According to the results of an online search using 
the Arkansas Board's license verification page, Respondent's licenses 
remain suspended.

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 [her] 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, DEA 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 Alfred Tennyson Smurthwaite, 43 FR 
11873 (1978) (``State authorization to handle controlled substances is 
a prerequisite to the issuance and retention of a Federal controlled 
substances registration.'') (citations omitted).
    This rule derives from the text of two provisions of the CSA. 
First, Congress defined ``the term `practitioner' [to] mean[ ] 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.'' 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 she 
is no longer authorized to dispense controlled substances under the 
laws of the State in which she practices medicine. See, e.g., 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, the Agency has held that revocation is warranted even where, 
as here, the state board has suspended (as opposed to revoked) a 
practitioner's dispensing authority and that authority may be restored 
at some point in the future through further proceedings. See Ramsey 76 
FR at 20036 (citations omitted); see also Frederick Marsh Blanton, 43 
FR 27616 (1978) (revoking registration of physician whose medical 
license had been suspended for one year, but placed on probation for 
three years thereafter). As the Agency has held, the controlling 
question is not whether a practitioner's license to practice medicine 
in the state is suspended or revoked; rather, it is whether the 
Respondent is currently authorized to handle controlled substances in 
the state. James L. Hooper, 76 FR 71371 (2011) (collecting cases), pet. 
for rev. denied, Hooper v. Holder, 481 Fed. Appx. 826 (4th Cir. 2012); 
Blanton, 43 FR at 27616 (``As a result of the suspension of his medical 
license, the [r]espondent is no longer authorized to dispense or 
otherwise handle controlled substances under the laws of Florida. 
Accordingly . . . the [r]espondent's DEA registration must be 
revoked[.]'').
    Respondent further argues that I should consider that the Nursing 
Board's case ``is the ``result of her wrongful indictment'' by the 
United States Attorney and that the latter has admitted that he ``lacks 
the evidence to substantiate the criminal indictment against'' her. 
This argument is simply a

[[Page 14892]]

collateral attack on the State Board's proceeding, whose order 
suspending her state authority remains in effect as of this date. The 
Agency has held, however, ``that a registrant cannot collaterally 
attack the result of a state criminal or administrative proceeding in a 
proceeding under section 304, 21 U.S.C. 824, of the CSA.'' Muzaffer 
Aslan, 77 FR 37068, 37069 (2012) (other citations omitted). ``Rather, 
Respondent's challenge to the validity of the [Nursing Board's] Order 
must be litigated in the forums provided by the State of [Arkansas], 
and [her] contentions regarding the validity of the [Board's] order are 
not material to this Agency's resolution of whether [she] is entitled 
to maintain [her] DEA registration in'' Arkansas. Id.
    Because it is undisputed that Respondent's Arkansas Advanced 
Practice Nursing License remains suspended, I find that she no longer 
has authority under the laws of Arkansas, the State in which she is 
registered, to dispense controlled substances. See Ark. Code Ann. 
Section 17-87-310 (b)(1) (``An advanced practice registered nurse with 
a certificate of prescriptive authority may receive and prescribe 
drugs, medicines, or therapeutic devices appropriate to the advanced 
practice registered nurse's areas of practice in accordance with rules 
established by the Arkansas State Board of Nursing.''). Therefore, she 
is not entitled to maintain her DEA registration. See 21 U.S.C. 
802(21), 823(f), 824(a)(3). Accordingly, I will order that her 
registration be revoked and that any pending application to renew or 
modify her registration be denied.\3\
---------------------------------------------------------------------------

    \3\ While Respondent also asked that I stay the revocation of 
her registration pending the resolution of the criminal case and 
nursing board proceeding, I decline to do so. As the Agency has 
previously explained, ``in circumstances similar to those raised by 
Respondent, DEA has repeatedly denied requests to stay the issuance 
of a final order of revocation, noting that [u]nder the Controlled 
Substances Act, a practitioner must be currently authorized to 
handle controlled substances in the jurisdiction in which [she] 
practices in order to maintain [her] DEA registration.'' Gregory F. 
Saric, 76 FR 16821, 16822 (2011) (internal quotations and citations 
omitted). Of further note, Respondent's advanced practice nursing 
license was suspended more than 8 months ago, and yet her license 
still remains suspended. And while Respondent asserts that the 
Nursing Board's suspension is the result of the wrongful indictment, 
she ignores that the Board's order also relied on her having 
``prescribed opioids from November 13, 2014 through January 7, 2015 
without prescriptive authority.'' Nursing Board Order, at 2.
---------------------------------------------------------------------------

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 MR1972632, issued to Kristen Lee Raines, A.P.R.N., be, and 
it hereby is, revoked. I further order that any application of Kristen 
Lee Raines, A.P.R.N., to renew or modify this registration be, and it 
hereby is, denied. This Order is effective immediately.\4\
---------------------------------------------------------------------------

    \4\ For the same reasons which led the Nursing Board to conclude 
``that an emergency exists constituting a threat to the public 
health, safety and welfare'' and to order the summary suspension of 
Respondent's licenses, I conclude that the public interest 
necessitates that this Order be effective immediately. 21 CFR 
1316.67.

    Dated: March 11, 2016.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2016-06103 Filed 3-17-16; 8:45 am]
BILLING CODE 4410-09-P
14890 Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Notices

States exists as required by subsection and to enter an initial determination suspended her nursing and advance
(a)(2) of section 337; and a final determination containing practice nursing licenses. Id. Instead,
(2) Pursuant to Commission Rule such findings, and may result in the Respondent objected to the proposed
210.50(b)(1), 19 CFR 210.50(b)(1), the issuance of an exclusion order or a cease action ‘‘on the grounds that the Show
presiding administrative law judge shall and desist order or both directed against Cause Order and suspension of her
take evidence or other information and the respondent. Arkansas nursing license and advance
hear arguments from the parties and By order of the Commission. practice nursing license stem from
other interested persons with respect to unfounded and unsubstantiated
Issued: March 14, 2016.
the public interest in this investigation, allegations that she violated . . . 21
William R. Bishop,
as appropriate, and provide the U.S.C. 841(a)(1) and (b)(1)(e) by the U.S.
Commission with findings of fact and a Supervisory Hearings and Information Attorney in’’ a criminal case brought
Officer. against her in the Eastern District of
recommended determination on this
issue, which shall be limited to the [FR Doc. 2016–06112 Filed 3–17–16; 8:45 am] Arkansas. Id. Respondent further
statutory public interest factors set forth BILLING CODE 7020–02–P asserted that ‘‘she did not knowingly or
in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); intentionally distribute [h]ydrocodone
(3) For the purpose of the and [a]lprazolam . . . without an
investigation so instituted, the following DEPARTMENT OF JUSTICE effective prescription.’’ Id. Respondent
are hereby named as parties upon which further stated that she has pled not
this notice of investigation shall be Drug Enforcement Administration guilty to the charges and believes that
served: [Docket No. 16–5] she will be acquitted. Id.
(a) The complainant is: Thereafter, the matter was placed on
Immersion Corporation, 50 Rio Kristen Lee Raines, A.P.R.N.; Decision the docket of the Office of
Robles, San Jose, CA 95134. and Order Administrative Law Judges and assigned
(b) The respondents are the following to Chief Administrative Law Judge John
entities alleged to be in violation of On September 16, 2015, the Deputy J. Mulrooney, II (hereinafter, CALJ). On
section 337, and are the parties upon Assistant Administrator, Office of October 20, 2015, the CALJ issued an
which the complaint is to be served: Diversion Control, Drug Enforcement order directing the Government to file
Apple Inc., 1 Infinite Loop, Cupertino, Administration, issued an Order to evidence to support the allegation and
CA 95014. Show Cause to Kristen Lee Raines, any motion for summary disposition by
AT&T Inc., 208 South Akard Street, A.P.R.N. (hereinafter, Respondent), of October 30, 2015; the order also
Dallas, TX 75202. Little Rock, Arkansas. The Show Cause provided that Respondent should
AT&T Mobility LLC, 1025 Lenox Park Order proposed the revocation of respond to the Government’s expected
Boulevard NE., Atlanta, GA 30319. Respondent’s DEA Certificate of motion no later than November 13,
(c) The Office of Unfair Import Registration MR1972632, pursuant to 2015.
Investigations, U.S. International Trade which she is authorized to dispense On October 26, 2015, the Government
Commission, 500 E Street SW., Suite controlled substances in schedules III filed its Motion for Summary
401, Washington, DC 20436; and through V, as a mid-level practitioner, Disposition. As support for the Motion,
(4) For the investigation so instituted, as well as the denial of any pending the Government attached a copy of the
the Chief Administrative Law Judge, applications to renew or modify her decision and order of the Arkansas State
U.S. International Trade Commission, registration, on the ground that she does Board of Nursing, which summarily
shall designate the presiding not have authority to dispense suspended Respondent’s advance
Administrative Law Judge. controlled substances in Arkansas, the practice nursing license and nursing
Responses to the complaint and the State in which she holds her license effective June 19, 2015. Mot. for
notice of investigation must be registration. Show Cause Order at 1. Summ. Disp., at Attachment 3, at 3
submitted by the named respondents in The Show Cause Order alleged that (Findings of Fact, Conclusions of Law,
accordance with section 210.13 of the Respondent’s registration will not and Order, at 3; In re Kristen Lee Raines
Commission’s Rules of Practice and expire until April 30, 2018. Id. The Plant Raines (Ark. Bd. of Nursing, June
Procedure, 19 CFR 210.13. Pursuant to Show Cause Order then alleged that the 19, 2015) (hereinafter, Nursing Board
19 CFR 201.16(e) and 210.13(a), such Arkansas State Board of Nursing had Order). The Government also provided
responses will be considered by the issued an Order, which summarily a printout from the Nursing Board’s
Commission if received not later than 20 suspended Respondent’s nursing and Web site (dated September 4, 2015)
days after the date of service by the advance practice nursing licenses showing that both Respondent’s RN and
Commission of the complaint and the effective on June 19, 2015. Id. The Show Certified Nurse Practitioner licenses
notice of investigation. Extensions of Cause Order thus alleged that were suspended. Mot. for Summ. Disp.,
time for submitting responses to the Respondent is ‘‘without authority to at Attachment 4.
complaint and the notice of handle controlled substances in Respondent opposed the
investigation will not be granted unless Arkansas,’’ and as a consequence, her Government’s Motion. In her
good cause therefor is shown. DEA registration is subject to opposition, Respondent asserted that
Failure of a respondent to file a timely revocation. Id. (citing 21 U.S.C. 802(21), she has been wrongly accused, and that
response to each allegation in the 823(f), and 824(a)(3)). the State Board’s suspension of her
complaint and in this notice may be Following service of the Show Cause licenses is the ‘‘result of her wrongful
asabaliauskas on DSK3SPTVN1PROD with NOTICES

deemed to constitute a waiver of the Order, Respondent, through her indictment.’’ Resp. Reply to Govt’s Mot.
right to appear and contest the counsel, requested a hearing on the for Summ. Disp., at 3. She further
allegations of the complaint and this allegations. In her hearing request, argued that the DEA may exercise
notice, and to authorize the Respondent did not dispute that her discretion in determining the
administrative law judge and the registration does not expire until April appropriate sanction and that revocation
Commission, without further notice to 30, 2018. Resp. Hearing Req., at 1. Nor of her registration ‘‘is an unjust and
the respondent, to find the facts to be as did she dispute that the Arkansas State overly severe punishment given the
alleged in the complaint and this notice Board of Nursing had summarily circumstances, particularly that the

VerDate Sep<11>2014 19:50 Mar 17, 2016 Jkt 238001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\18MRN1.SGM 18MRN1
14892 Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Notices

collateral attack on the State Board’s issued to Kristen Lee Raines, A.P.R.N., connection with suspension, denial, or
proceeding, whose order suspending her be, and it hereby is, revoked. I further revocation of registration) has been
state authority remains in effect as of order that any application of Kristen Lee redelegated to the Deputy Assistant
this date. The Agency has held, Raines, A.P.R.N., to renew or modify Administrator of the DEA Office of
however, ‘‘that a registrant cannot this registration be, and it hereby is, Diversion Control (‘‘Deputy Assistant
collaterally attack the result of a state denied. This Order is effective Administrator’’) pursuant to section 7 of
criminal or administrative proceeding in immediately.4 28 CFR part 0, appendix to subpart R.
a proceeding under section 304, 21 Dated: March 11, 2016. In accordance with 21 CFR
U.S.C. 824, of the CSA.’’ Muzaffer Chuck Rosenberg, 1301.34(a), this is notice that on July 31,
Aslan, 77 FR 37068, 37069 (2012) (other 2015, Cambrex Charles City, 1205 11th
Acting Administrator.
citations omitted). ‘‘Rather, Street, Charles City, Iowa 50616–3466
[FR Doc. 2016–06103 Filed 3–17–16; 8:45 am]
Respondent’s challenge to the validity applied to be registered as an importer
BILLING CODE 4410–09–P
of the [Nursing Board’s] Order must be of coca leaves (9040), a basic class of
litigated in the forums provided by the controlled substance.
State of [Arkansas], and [her] The company plans to import the
DEPARTMENT OF JUSTICE
contentions regarding the validity of the listed controlled substance for internal
[Board’s] order are not material to this Drug Enforcement Administration use, and to manufacture bulk
Agency’s resolution of whether [she] is intermediates for sale to its customers.
entitled to maintain [her] DEA [Docket No. DEA–392]
Dated: March 8, 2016.
registration in’’ Arkansas. Id. Louis J. Milione,
Because it is undisputed that Importer of Controlled Substances
Respondent’s Arkansas Advanced Application: Cambrex Charles City Deputy Assistant Administrator.
Practice Nursing License remains [FR Doc. 2016–06102 Filed 3–17–16; 8:45 am]
ACTION: Notice of application.
suspended, I find that she no longer has BILLING CODE 4410–09–P
authority under the laws of Arkansas, DATES: Registered bulk manufacturers of
the State in which she is registered, to the affected basic class, and applicants
dispense controlled substances. See therefore, may file written comments on DEPARTMENT OF LABOR
Ark. Code Ann. Section 17–87–310 or objections to the issuance of the
(b)(1) (‘‘An advanced practice registered Employment and Training
proposed registration in accordance
nurse with a certificate of prescriptive Administration
with 21 CFR 1301.34(a) on or before
authority may receive and prescribe April 18, 2016. Such persons may also Agency Information Collection
drugs, medicines, or therapeutic devices file a written request for a hearing on Activities; Comment Request for State
appropriate to the advanced practice the application pursuant to 21 CFR Retention of Applications and Job
registered nurse’s areas of practice in 1301.43 on or before April 18, 2016. Orders
accordance with rules established by the ADDRESSES: Written comments should
Arkansas State Board of Nursing.’’). be sent to: Drug Enforcement ACTION: Notice.
Therefore, she is not entitled to Administration, Attention: DEA Federal
maintain her DEA registration. See 21 Register Representative/ODW, 8701 SUMMARY: The Department of Labor
U.S.C. 802(21), 823(f), 824(a)(3). Morrissette Drive, Springfield, Virginia (DOL) is soliciting comments
Accordingly, I will order that her 22152. Request for hearings should be concerning a proposed extension
registration be revoked and that any sent to: Drug Enforcement without changes of the data retention
pending application to renew or modify Administration, Attention: Hearing required by CFR 652.8(d)(5) of the
her registration be denied.3 Clerk/LJ, 8701 Morrissette Drive, Wagner-Peyser Act. This comment
Springfield, Virginia 22152. Comments request is part of continuing
Order
and request for hearings on application Departmental efforts to reduce
Pursuant to the authority vested in me paperwork and respondent burden in
to import narcotic raw material are not
by 21 U.S.C. 823(f) and 824(a), as well accordance with the Paperwork
appropriate. 72 FR 3417 (January 25,
as 28 CFR 0.100(b), I order that DEA Reduction Act of 1995 (PRA), 44 U.S.C.
2007).
Certificate of Registration MR1972632, 3501 et seq.
SUPPLEMENTARY INFORMATION: The
DATES: Consideration will be given to all
3 While Respondent also asked that I stay the Attorney General has delegated her
revocation of her registration pending the resolution authority under the Controlled written comments received by May 17,
of the criminal case and nursing board proceeding, Substances Act to the Administrator of 2016.
I decline to do so. As the Agency has previously ADDRESSES: A copy of this ICR with
explained, ‘‘in circumstances similar to those raised the Drug Enforcement Administration
by Respondent, DEA has repeatedly denied requests (DEA), 28 CFR 0.100(b). Authority to applicable supporting documentation;
to stay the issuance of a final order of revocation, exercise all necessary functions with including a description of the likely
noting that [u]nder the Controlled Substances Act, respect to the promulgation and respondents, proposed frequency of
a practitioner must be currently authorized to response, and estimated total burden
handle controlled substances in the jurisdiction in implementation of 21 CFR part 1301,
which [she] practices in order to maintain [her] incident to the registration of may be obtained free by contacting the
DEA registration.’’ Gregory F. Saric, 76 FR 16821, manufacturers, distributors, dispensers, U.S. Department of Labor, Employment
and Training Administration, Attention:
asabaliauskas on DSK3SPTVN1PROD with NOTICES

16822 (2011) (internal quotations and citations importers, and exporters of controlled
omitted). Of further note, Respondent’s advanced Adriana Kaplan, by telephone at (202)
practice nursing license was suspended more than substances (other than final orders in
8 months ago, and yet her license still remains
693–3740 (this is not a toll free number),
suspended. And while Respondent asserts that the 4 For the same reasons which led the Nursing by email, at kaplan.adriana@dol.gov,
Nursing Board’s suspension is the result of the Board to conclude ‘‘that an emergency exists TTY/TDD, 1–877–889–5627, (this is a
wrongful indictment, she ignores that the Board’s constituting a threat to the public health, safety and toll-free number), by fax at (202) 693–
order also relied on her having ‘‘prescribed opioids welfare’’ and to order the summary suspension of
from November 13, 2014 through January 7, 2015 Respondent’s licenses, I conclude that the public
3587, or by email at 200 Constitution
without prescriptive authority.’’ Nursing Board interest necessitates that this Order be effective Avenue NW., Room S–4209,
Order, at 2. immediately. 21 CFR 1316.67. Washington, DC 20210.

VerDate Sep<11>2014 19:50 Mar 17, 2016 Jkt 238001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\18MRN1.SGM 18MRN1
Document Created: 2018-02-02 15:14:07
Document Modified: 2018-02-02 15:14:07
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		81 FR 14890
81 FR 14890 - Kristen Lee Raines, A.P.R.N.; Decision and Order

DEPARTMENT OF JUSTICEDrug Enforcement Administration

Federal Register Volume 81, Issue 53 (March 18, 2016)

DEPARTMENT OF JUSTICE
Drug Enforcement Administration
