82 FR 26516 - Patricia A. Newton, M.D.; Order
DEPARTMENT OF JUSTICE
Drug Enforcement Administration Federal Register Volume 82, Issue 108 (June 7, 2017)
Drug Enforcement Administration
Federal Register Volume 82, Issue 108 (June 7, 2017)
| Page Range | 26516-26516 | |
| FR Document | 2017-11798 |
[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)] [Notices] [Page 26516] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11798] ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. 16-6] Patricia A. Newton, M.D.; Order On review of the record, I noted that the expiration date of Respondent's Certificate of Registration was October 31, 2016. GX 1. I therefore took official notice of the Agency's registration records for Respondent to determine if she has filed a renewal application. According to the Agency's records, Respondent had not filed a renewal application whether timely or not. Accordingly, on May 7, 2017, I issued an order directing the parties to address whether this case is now moot and provided the parties with seven calendar days to file their submissions. Order, at 1 (May 7, 2017). While the Government filed a response to my order, Respondent has not. In its Response, the Government acknowledges that Respondent's registration has expired and states that ``there is no record of any subsequent renewal application being filed for this registration.'' Certification of Registration History (May 15, 2017). Noting that there is neither a registration nor an application (whether timely or not) to act upon, the Government moves that this case be declared moot and that the Order to Show Cause be dismissed. Gov. Resp. to Order, at 1 (citing, inter alia, Amy S. Benjamin, 77 FR 72408 (2012); Ronald J. Riegel, 63 FR 67132, 67133 (1998)). There being no showing of any collateral consequence which precludes a finding of mootness, I grant the Government's motion and dismiss the Order to Show Cause. Dated: May 30, 2017. Chuck Rosenberg, Acting Administrator. [FR Doc. 2017-11798 Filed 6-6-17; 8:45 am] BILLING CODE 4410-09-P
![26516 Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Notices
U.S.C. 823(f). Because Congress has DEPARTMENT OF JUSTICE Cause Order proposed the revocation of
clearly mandated that a practitioner Respondent’s DEA Certificate of
possess state authority in order to be Drug Enforcement Administration Registration No. FN5571864 on the
deemed a practitioner under the Act, ground that he ‘‘do[es] not have
[Docket No. 16–6]
DEA has held repeatedly that revocation authority to handle controlled
of a practitioner’s registration is the Patricia A. Newton, M.D.; Order substances in the State of Illinois, the
appropriate sanction whenever he is no [S]tate in which [he is] registered with
longer authorized to dispense controlled On review of the record, I noted that the DEA.’’ Order to Show Cause, at 1
substances under the laws of the State the expiration date of Respondent’s (citing 21 U.S.C. 823(f) and 824(a)(3)).
in which he engages in professional Certificate of Registration was October With respect to the Agency’s
practice. See, e.g., Calvin Ramsey, 76 FR 31, 2016. GX 1. I therefore took official jurisdiction, the Show Cause Order
20034, 20036 (2011); Sheran Arden notice of the Agency’s registration alleged that Respondent is the holder of
Yeates, M.D., 71 FR 39130, 39131 records for Respondent to determine if Certificate of Registration No.
(2006); Dominick A. Ricci, 58 FR 51104, she has filed a renewal application. FN5571864, pursuant to which he is
51105 (1993); Bobby Watts, 53 FR According to the Agency’s records, authorized to dispense controlled
11919, 11920 (1988); Blanton, 43 FR Respondent had not filed a renewal substances as a practitioner in schedules
27616 (1978). application whether timely or not. II through V, at the registered address of
Moreover, because ‘‘the controlling Accordingly, on May 7, 2017, I issued 4740 N. Harlem Ave., Harwood Heights,
question’’ in a proceeding brought an order directing the parties to address Illinois. Id. The Order also alleged that
under 21 U.S.C. 824(a)(3) is whether the whether this case is now moot and this registration does not expire until
holder of a practitioner’s registration ‘‘is provided the parties with seven October 31, 2018. Id.
currently authorized to handle calendar days to file their submissions. Regarding the substantive grounds for
controlled substances in the [S]tate,’’ Order, at 1 (May 7, 2017). While the the proceeding, the Show Cause Order
Hooper, 76 FR at 71371 (quoting Anne Government filed a response to my alleged that on March 15, 2016, the
Lazar Thorn, 62 FR 12847, 12848 order, Respondent has not. Illinois Department of Financial and
(1997)), the Agency has also long held In its Response, the Government Professional Regulation, Division of
that revocation is warranted even where acknowledges that Respondent’s Professional Regulation (IDFPR),
a practitioner has lost his state authority registration has expired and states that ‘‘indefinitely suspended [his] license to
by virtue of the State’s use of summary ‘‘there is no record of any subsequent practice medicine due to [his]
process and the State has yet to provide renewal application being filed for this conviction for Medicaid fraud,’’ and he
a hearing to challenge the suspension. registration.’’ Certification of is therefore ‘‘without authority to
Bourne Pharmacy, 72 FR 18273, 18274 Registration History (May 15, 2017). handle controlled substances in the
(2007); Wingfield Drugs, 52 FR 27070, Noting that there is neither a registration State of Illinois, the [S]tate in which [he
27071 (1987). Thus, it is of no nor an application (whether timely or is] registered with the DEA.’’ Id. Based
consequence that the Mississippi Board not) to act upon, the Government moves on his ‘‘lack of authority to [dispense]
has employed summary process in that this case be declared moot and that controlled substances in . . . Illinois,’’
suspending Registrant’s state license. the Order to Show Cause be dismissed. the Order asserted that ‘‘DEA must
What is consequential is that Registrant Gov. Resp. to Order, at 1 (citing, inter revoke’’ his registration. Id. at 2 (citing
is no longer currently authorized to alia, Amy S. Benjamin, 77 FR 72408 21 U.S.C. 823(f) and 824(a)(3)).
dispense controlled substances in the The Show Cause Order notified
(2012); Ronald J. Riegel, 63 FR 67132,
State in which he is registered. I will Respondent of (1) his right to request a
67133 (1998)).
therefore order that his registrations be hearing on the allegations or to submit
There being no showing of any
revoked. a written statement in lieu of a hearing,
collateral consequence which precludes
(2) the procedure for electing either
Order a finding of mootness, I grant the
option, and (3) the consequence for
Government’s motion and dismiss the
Pursuant to the authority vested in me failing to elect either option. Id. (citing
Order to Show Cause.
by 21 U.S.C. 824(a), as well as 28 CFR 21 CFR 1301.43). The Show Cause
0.100(b), I order that DEA Certificates of Dated: May 30, 2017. Order also notified Respondent of his
Registration Nos. FE2565779, Chuck Rosenberg, right to submit a corrective action plan.
FE2882226, and FE2882062 issued to Acting Administrator. Id. at 2–3.
Steven W. Easley, M.D., be, and they [FR Doc. 2017–11798 Filed 6–6–17; 8:45 am] On December 13, 2016, a Diversion
hereby are, revoked. Pursuant to the BILLING CODE 4410–09–P
Investigator from the Chicago Field
authority vested in me by 21 U.S.C. Division personally handed a copy of
823(f), I further order that any the Order to Show Cause to the
applications to renew or modify the DEPARTMENT OF JUSTICE Respondent at his residence located at
above registrations be, and they hereby 9453 Lorel Ave., Skokie, Illinois 60077.
are, denied. This Order is effective Drug Enforcement Administration Government’s Submission of Evidence
immediately.1 and Request for Summary Disposition
[Docket No. 17–14] (hereinafter, Govt. Mot.), Exhibit
Dated: May 30, 2017.
Emmanuel O. Nwaokocha, M.D.; (hereinafter, GX) 1, at 1. Following
Chuck Rosenberg,
Decision and Order service of the Show Cause Order,
Acting Administrator. Respondent requested a hearing on the
sradovich on DSK3GMQ082PROD with NOTICES
[FR Doc. 2017–11796 Filed 6–6–17; 8:45 am] On December 5, 2016, the Assistant allegations. The matter was placed on
BILLING CODE 4410–09–P Administrator, Diversion Control the docket of the Office of
Division, Drug Enforcement Administrative Law Judges and assigned
1 For the same reasons that led the Mississippi
Administration (DEA), issued an Order to Chief Administrative Law Judge John
Board to summarily suspend Registrant’s medical
license, I find that the public interest necessitates
to Show Cause to Emmanuel O. J. Mulrooney, II (hereinafter, CALJ). On
that this Order be effective immediately. 21 CFR Nwaokocha, M.D. (Respondent), of January 4, 2017, the CALJ ordered the
1316.67. Harwood Heights, Illinois. The Show Government to submit evidence to
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Document Created: 2017-06-07 02:01:21
Document Modified: 2017-06-07 02:01:21
| 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 | 82 FR 26516 |
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