82_FR_49869 82 FR 49663 - Yoon H. Choi, M.D.; Decision and Order

82 FR 49663 - Yoon H. Choi, M.D.; Decision and Order

DEPARTMENT OF JUSTICE
Drug Enforcement Administration

Federal Register Volume 82, Issue 206 (October 26, 2017)

Page Range49663-49665
FR Document2017-23329

Federal Register, Volume 82 Issue 206 (Thursday, October 26, 2017)
[Federal Register Volume 82, Number 206 (Thursday, October 26, 2017)]
[Notices]
[Pages 49663-49665]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23329]


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

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 17-28]


Yoon H. Choi, M.D.; Decision and Order

    On April 4, 2017, the Assistant Administrator, Division of 
Diversion Control, issued an Order to Show Cause to Yoon H. Choi, M.D. 
(Respondent), of Brockton, Massachusetts. The Show Cause Order proposed 
the revocation of Respondent's DEA Certificate of Registration as a 
practitioner, on the ground that he does not have authority to dispense 
controlled substances in Massachusetts, the State in which he is 
registered with the Agency. Show Cause Order, at 1.
    As to the Agency's jurisdiction, the Show Cause Order alleged that 
Respondent holds DEA Certificate of Registration No. BC6966381, which 
authorizes him to dispense controlled substances in schedules II 
through V as a practitioner, at the registered address of Steward 
Medical Group, One Pearl Street, Suite 2200, Brockton, Massachusetts. 
Id. The Show Cause Order alleged that this registration does not expire 
until August 31, 2018. Id.
    As to the substantive ground for the proceeding, the Show Cause 
Order alleged that ``[o]n January 5, 2017, the Commonwealth of 
Massachusetts Board of Registration in Medicine indefinitely suspended 
[his] medical license'' and that ``[t]his order remains in effect.'' 
Id. The Order thus alleged that Respondent is ``without authority to 
handle controlled substances in . . . Massachusetts, the [S]tate in 
which [he is] registered,'' that he is ``required to

[[Page 49664]]

possess authority from a [S]tate in order to obtain or retain a DEA 
registration,'' and that the Agency ``must revoke [his registration] 
based upon [his] lack of authority to handle controlled substances in . 
. . Massachusetts in violation of 21 U.S.C. 823(f) and 824(a)(3).'' \1\ 
Id. at 1-2.
---------------------------------------------------------------------------

    \1\ The Government's allegation erroneously suggests that 
Respondent's mere holding of a registration when his state authority 
had been suspended constitutes a violation of these provisions. 
These provisions are, however, grants of authority to the Attorney 
General to grant an application or revoke an existing registration. 
While these provisions (along with 21 U.S.C. 802(21)) manifest that 
a practitioner must hold state authority to obtain or maintain a 
registration, a practitioner does not violate the CSA simply by 
continuing to hold a registration after a State suspends or revokes 
his medical license. If, however, a practitioner prescribed 
controlled substances without holding state authority, he would 
violate a DEA regulation. See 21 CFR 1306.03(a)(1).
---------------------------------------------------------------------------

    The Show Cause Order also notified Respondent of his right to 
request a hearing on the allegations or to submit a written statement 
while waiving his right to a hearing, the procedure for electing either 
option, and the consequence for failing to elect either option. Id. at 
2. The Show Cause Order also notified Respondent of his right to submit 
a Corrective Action Plan under 21 U.S.C. 824(c)(2)(C). Id. at 2-3.
    On May 8, 2017, Respondent, through his counsel, timely requested a 
hearing.\2\ Resp.'s Hearing Request, at 1. The matter was placed on the 
docket of the Office of Administrative Law Judges and assigned to ALJ 
Charles Wm. Dorman, who issued a scheduling order the following day. 
Order Granting Summary Disposition, at 2. Under the ALJ's order, the 
Government was required to file any motion for summary disposition by 
May 16, 2017 and Respondent was required to file its opposition to the 
motion by ``2:00 p.m. EDT on May 26, 2017.'' Id.
---------------------------------------------------------------------------

    \2\ In his hearing request, Respondent also noted that he had 
filed a Corrective Action Plan with the Assistant Administrator, 
Diversion Control Division. Hearing Request, at 1 n.1.
---------------------------------------------------------------------------

    On May 16, 2017, the Government filed its motion for summary 
disposition. Therein, the Government maintained that it is undisputed 
that Respondent lacks authority to dispense controlled substances in 
Massachusetts, the State in which he is registered, and that therefore, 
he ``no longer meets the statutory definition of a practitioner.'' Mot. 
for Summ. Disp., at 3-4. As support for the motion, the Government 
attached a copy of the Final Decision and Order of the Commonwealth of 
Massachusetts Board of Registration in Medicine, which indefinitely 
suspended Respondent's medical license, effective January 5, 2017. The 
Government also attached a printout from the Board's Web site which it 
obtained on May 12, 2017 and which shows that Respondent's medical 
license was still suspended, as well as a copy of Respondent's 
Corrective Action Plan and his Certificate of Registration.
    Respondent did not file any pleading in response to the 
Government's motion. Order Granting Summary Disposition, at 2. 
Accordingly, on June 5, 2017, the ALJ granted the Government's motion, 
finding it undisputed that Respondent's state ``medical license is 
currently suspended'' and that he ``lacks state authorization to handle 
controlled substances in Massachusetts,'' the State in which he is 
registered. Id. at 5. Because ``DEA precedent requires that the 
Respondent cannot maintain a DEA registration for any location in that 
[S]tate,'' the ALJ recommended that I revoke his registration. Id. at 
5-6.
    Neither party filed exceptions to the ALJ's Order. Thereafter, on 
July 11, 2017, the ALJ forwarded the record to my Office for Final 
Agency Action.
    Upon review of the record, the former Acting Administrator noted 
that while Respondent had filed a Corrective Action Plan the record 
contained no evidence as to the Assistant Administrator's decision as 
to the adequacy of Respondent's Corrective Action Plan. Accordingly, on 
September 22, 2017, the former Acting Administrator issued an Order 
directing the Government to notify my Office of the status of 
Respondent's Corrective Action Plan, and in the event the Assistant 
Administrator had issued a decision on review of the Plan, to provide a 
copy of that decision. The former Acting Administrator provided 
Respondent with the right to reply to the Government's submission no 
later than five business days from the date of receipt of the 
Government's submission.
    On September 25, 2017, the Government submitted a copy of the 
former Assistant Administrator's letter of June 12, 2017 rejecting 
Respondent's Corrective Action Plan.\3\ The former Assistant 
Administrator also explained that ``there [was] no potential 
modification of [Respondent's Plan] that could or would alter my 
decision.'' Letter from Assistant Administrator, Diversion Control 
Division, to Respondent's Counsel (June 12, 2017). Respondent did not 
file a response to the Government's submission.
---------------------------------------------------------------------------

    \3\ A copy of this letter does not appear to have been 
previously provided to the ALJ.
---------------------------------------------------------------------------

    Having considered the record in its entirety, I adopt the ALJ's 
factual finding that Respondent's Massachusetts medical license has 
been suspended, as well as his legal conclusion that he currently lacks 
authority to dispense controlled substances in Massachusetts and thus, 
he ``cannot maintain'' his DEA registration. I also adopt the ALJ's 
recommended Order that I revoke his registration. I make the following 
factual findings.

Findings

    Respondent is the holder of DEA Certificate of Registration No. 
BC6966381, pursuant to which he is authorized to dispense controlled 
substances in schedules II through V as a practitioner, at the 
registered address of Steward Medical Group Brockton, One Pearl Street 
Suite 2200, Brockton, MA 02301. GX 1. This registration does not expire 
until August 31, 2018.
    Respondent is also the holder of Medical License No. 206555 issued 
by the Commonwealth of Massachusetts Board of Registration in Medicine. 
GX 2, at Attachment B. However, on January 5, 2017, the Board issued a 
Final Decision and Order which ``indefinitely suspended'' his medical 
license. GX 2, at Attachment A. According to the Board's Physician 
Profile Web page of which I take Official Notice, see 5 U.S.C. 
556(e),\4\ the suspension remains in effect as of the date of this 
Decision and Order.\5\
---------------------------------------------------------------------------

    \4\ Respondent may refute this finding by filing a properly 
supported motion for reconsideration with the Office of the 
Administrator within 10 business days of the date of this Decision 
and Order.
    \5\ While the Board's Order provides that ``Respondent may 
petition to stay [the] suspension upon successful completion of a 
clinical skills assessment by a board-approved entity and entry into 
a Probation Agreement,'' the suspension remains in effect as of the 
date of this Order.
---------------------------------------------------------------------------

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 his 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 held repeatedly 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, e.g., James L. Hooper, 76 FR 71371 
(2011), pet. for rev. denied, 481 Fed Appx. 826 (4th Cir. 2012).
    This rule derives from the text of two provisions of the CSA. 
First, Congress defined ``the term `practitioner' [to] mean[] a . . . 
physician . . . or other

[[Page 49665]]

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 physician possess state authority in order 
to be deemed a practitioner under the Act, DEA has held that revocation 
of a practitioner's registration is the appropriate sanction whenever 
he is no longer authorized to dispense controlled substances under the 
laws of the State in which he 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); see also Hooper v. Holder, 481 
Fed. Appx. at 828.
    As a consequence of the Board's Final Decision and Order, 
Respondent is not currently authorized to dispense controlled 
substances in Massachusetts, the State in which he is registered. 
Because the CSA makes clear 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 both obtaining and maintaining a practitioner's 
registration, it is of no consequence that the Board's Order provided 
that he may petition to stay the suspension upon meeting certain 
conditions. Cf. Hooper v. Holder, 481 F. App'x at 828 (upholding 
revocation of a physician's registration as based on a reasonable 
interpretation of the CSA, notwithstanding that the physician's medical 
license was subject to a suspension of known duration); see also James 
L. Hooper, 76 FR 71371, 71371-72 (2011).\6\ As of this date, Respondent 
is not currently authorized to dispense controlled substances in 
Massachusetts, and therefore, he is not entitled to maintain his 
registration in that State. Accordingly, I will order that his 
registration be revoked and that any pending application to renew his 
registration, or for any other registration in the Commonwealth of 
Massachusetts be denied.
---------------------------------------------------------------------------

    \6\ By contrast, Respondent's suspension is of unknown duration.
---------------------------------------------------------------------------

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 No. 
BC6966381 issued to Yoon Choi, M.D., be, and it hereby is, revoked. 
Pursuant to the authority vested in me by 21 U.S.C. 823(f), I further 
order that any application of Yoon Choi, M.D., to renew or modify this 
registration, or for any other registration in the Commonwealth of 
Massachusetts, be, and it hereby is, denied. This Order is effective 
November 27, 2017.

    Dated: October 17, 2017.
Robert W. Patterson,
Acting Administrator.
[FR Doc. 2017-23329 Filed 10-25-17; 8:45 am]
 BILLING CODE 4410-09-P



                                                                           Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Notices                                               49663

                                               noon the next day pursuant to § 210.4(f)                  Issued: October 20, 2017.                           Research, Inc., #100 Carr 198, Industrial
                                               of the Commission’s Rules of Practice                   Lisa R. Barton,                                       Park, Juncos, Puerto Rico 00777–3873
                                               and Procedure (19 CFR 210.4(f)).                        Secretary to the Commission.                          applied to be registered as an importer
                                               Submissions should refer to the docket                  [FR Doc. 2017–23233 Filed 10–25–17; 8:45 am]          of hydromorphone (9150), a basic class
                                               number (‘‘Docket No. 3266’’) in a                       BILLING CODE 7020–02–P
                                                                                                                                                             of controlled substance in schedule II.
                                               prominent place on the cover page and/                                                                           The company plans to import the
                                               or the first page. (See Handbook for                                                                          listed controlled substance in finished
                                               Electronic Filing Procedures, Electronic                DEPARTMENT OF JUSTICE                                 dosage form for clinical trials, research
                                               Filing Procedures 1). Persons with                                                                            and analytical purposes.
                                               questions regarding filing should                       Drug Enforcement Administration                          The import of this class of controlled
                                               contact the Secretary (202–205–2000).                                                                         substance will be granted only for
                                                                                                       [Docket No. DEA–392]                                  analytical testing, research, and clinical
                                                  Any person desiring to submit a
                                                                                                       Importer of Controlled Substances                     trials. This authorization does not
                                               document to the Commission in
                                                                                                       Application: Galephar Pharmaceutical                  extend to the import of a finished FDA
                                               confidence must request confidential                                                                          approved or non-approved dosage form
                                               treatment. All such requests should be                  Research, Inc.
                                                                                                                                                             for commercial sale.
                                               directed to the Secretary to the
                                                                                                       ACTION:   Notice of application.                        Dated: October 18, 2017.
                                               Commission and must include a full
                                               statement of the reasons why the                                                                              Demetra Ashley,
                                                                                                       DATES:  Registered bulk manufacturers of
                                               Commission should grant such                                                                                  Acting Assistant Administrator.
                                                                                                       the affected basic classes, and
                                               treatment. See 19 CFR 201.6. Documents                  applicants therefore, may file written                [FR Doc. 2017–23328 Filed 10–25–17; 8:45 am]
                                               for which confidential treatment by the                 comments on or objections to the                      BILLING CODE 4410–09–P
                                               Commission is properly sought will be                   issuance of the proposed registration on
                                               treated accordingly. All such requests                  or before November 27, 2017. Such
                                               should be directed to the Secretary to                                                                        DEPARTMENT OF JUSTICE
                                                                                                       persons may also file a written request
                                               the Commission and must include a full                  for a hearing on the application on or                Drug Enforcement Administration
                                               statement of the reasons why the                        before November 27, 2017.
                                               Commission should grant such                            ADDRESSES: Written comments should                    [Docket No. 17–28]
                                               treatment. See 19 CFR 201.6. Documents                  be sent to: Drug Enforcement
                                               for which confidential treatment by the                                                                       Yoon H. Choi, M.D.; Decision and
                                                                                                       Administration, Attention: DEA Federal
                                               Commission is properly sought will be                                                                         Order
                                                                                                       Register Representative/DRW, 8701
                                               treated accordingly. All information,                   Morrissette Drive, Springfield, Virginia                 On April 4, 2017, the Assistant
                                               including confidential business                         22152. All requests for hearing must be               Administrator, Division of Diversion
                                               information and documents for which                     sent to: Drug Enforcement                             Control, issued an Order to Show Cause
                                               confidential treatment is properly                      Administration, Attn: Administrator,                  to Yoon H. Choi, M.D. (Respondent), of
                                               sought, submitted to the Commission for                 8701 Morrissette Drive, Springfield,                  Brockton, Massachusetts. The Show
                                               purposes of this Investigation may be                   Virginia 22152. All requests for hearing              Cause Order proposed the revocation of
                                               disclosed to and used: (i) By the                       should also be sent to: (1) Drug                      Respondent’s DEA Certificate of
                                               Commission, its employees and Offices,                  Enforcement Administration, Attn:                     Registration as a practitioner, on the
                                               and contract personnel (a) for                          Hearing Clerk/LJ, 8701 Morrissette                    ground that he does not have authority
                                               developing or maintaining the records                   Drive, Springfield, Virginia 22152; and               to dispense controlled substances in
                                               of this or a related proceeding, or (b) in              (2) Drug Enforcement Administration,                  Massachusetts, the State in which he is
                                               internal investigations, audits, reviews,               Attn: DEA Federal Register                            registered with the Agency. Show Cause
                                               and evaluations relating to the                         Representative/DRW, 8701 Morrissette                  Order, at 1.
                                               programs, personnel, and operations of                  Drive, Springfield, Virginia 22152.                      As to the Agency’s jurisdiction, the
                                               the Commission including under 5                        SUPPLEMENTARY INFORMATION: The                        Show Cause Order alleged that
                                               U.S.C. Appendix 3; or (ii) by U.S.                      Attorney General has delegated his                    Respondent holds DEA Certificate of
                                               government employees and contract                       authority under the Controlled                        Registration No. BC6966381, which
                                               personnel,2 solely for cybersecurity                    Substances Act to the Administrator of                authorizes him to dispense controlled
                                               purposes. All nonconfidential written                   the Drug Enforcement Administration                   substances in schedules II through V as
                                               submissions will be available for public                (DEA), 28 CFR 0.100(b). Authority to                  a practitioner, at the registered address
                                               inspection at the Office of the Secretary               exercise all necessary functions with                 of Steward Medical Group, One Pearl
                                               and on EDIS.3                                           respect to the promulgation and                       Street, Suite 2200, Brockton,
                                                  This action is taken under the                       implementation of 21 CFR part 1301,                   Massachusetts. Id. The Show Cause
                                                                                                       incident to the registration of                       Order alleged that this registration does
                                               authority of section 337 of the Tariff Act
                                                                                                       manufacturers, distributors, dispensers,              not expire until August 31, 2018. Id.
                                               of 1930, as amended (19 U.S.C. 1337),
                                                                                                       importers, and exporters of controlled                   As to the substantive ground for the
                                               and of §§ 201.10 and 210.8(c) of the
                                                                                                       substances (other than final orders in                proceeding, the Show Cause Order
                                               Commission’s Rules of Practice and
                                                                                                       connection with suspension, denial, or                alleged that ‘‘[o]n January 5, 2017, the
                                               Procedure (19 CFR 201.10, 210.8(c)).
                                                                                                       revocation of registration) has been                  Commonwealth of Massachusetts Board
                                                  By order of the Commission.                          redelegated to the Assistant                          of Registration in Medicine indefinitely
ethrower on DSK3G9T082PROD with NOTICES




                                                                                                       Administrator of the DEA Diversion                    suspended [his] medical license’’ and
                                                  1 Handbook for Electronic Filing Procedures:
                                                                                                       Control Division (‘‘Assistant                         that ‘‘[t]his order remains in effect.’’ Id.
                                               https://www.usitc.gov/documents/handbook_on_            Administrator’’) pursuant to section 7 of             The Order thus alleged that Respondent
                                               filing_procedures.pdf.
                                                  2 All contract personnel will sign appropriate
                                                                                                       28 CFR part 0, appendix to subpart R.                 is ‘‘without authority to handle
                                               nondisclosure agreements.                                  In accordance with 21 CFR                          controlled substances in . . .
                                                  3 Electronic Document Information System             1301.34(a), this is notice that on August             Massachusetts, the [S]tate in which [he
                                               (EDIS): https://edis.usitc.gov.                         2, 2017, Galephar Pharmaceutical                      is] registered,’’ that he is ‘‘required to


                                          VerDate Sep<11>2014   17:29 Oct 25, 2017   Jkt 244001   PO 00000   Frm 00078   Fmt 4703   Sfmt 4703   E:\FR\FM\26OCN1.SGM   26OCN1


                                               49664                       Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Notices

                                               possess authority from a [S]tate in order               Web site which it obtained on May 12,                 conclusion that he currently lacks
                                               to obtain or retain a DEA registration,’’               2017 and which shows that                             authority to dispense controlled
                                               and that the Agency ‘‘must revoke [his                  Respondent’s medical license was still                substances in Massachusetts and thus,
                                               registration] based upon [his] lack of                  suspended, as well as a copy of                       he ‘‘cannot maintain’’ his DEA
                                               authority to handle controlled                          Respondent’s Corrective Action Plan                   registration. I also adopt the ALJ’s
                                               substances in . . . Massachusetts in                    and his Certificate of Registration.                  recommended Order that I revoke his
                                               violation of 21 U.S.C. 823(f) and                          Respondent did not file any pleading               registration. I make the following factual
                                               824(a)(3).’’ 1 Id. at 1–2.                              in response to the Government’s motion.               findings.
                                                  The Show Cause Order also notified                   Order Granting Summary Disposition, at
                                               Respondent of his right to request a                    2. Accordingly, on June 5, 2017, the ALJ              Findings
                                               hearing on the allegations or to submit                 granted the Government’s motion,                         Respondent is the holder of DEA
                                               a written statement while waiving his                   finding it undisputed that Respondent’s               Certificate of Registration No.
                                               right to a hearing, the procedure for                   state ‘‘medical license is currently                  BC6966381, pursuant to which he is
                                               electing either option, and the                         suspended’’ and that he ‘‘lacks state                 authorized to dispense controlled
                                               consequence for failing to elect either                 authorization to handle controlled                    substances in schedules II through V as
                                               option. Id. at 2. The Show Cause Order                  substances in Massachusetts,’’ the State              a practitioner, at the registered address
                                               also notified Respondent of his right to                in which he is registered. Id. at 5.                  of Steward Medical Group Brockton,
                                               submit a Corrective Action Plan under                   Because ‘‘DEA precedent requires that                 One Pearl Street Suite 2200, Brockton,
                                               21 U.S.C. 824(c)(2)(C). Id. at 2–3.                     the Respondent cannot maintain a DEA                  MA 02301. GX 1. This registration does
                                                  On May 8, 2017, Respondent, through                  registration for any location in that                 not expire until August 31, 2018.
                                               his counsel, timely requested a hearing.2               [S]tate,’’ the ALJ recommended that I                    Respondent is also the holder of
                                               Resp.’s Hearing Request, at 1. The                      revoke his registration. Id. at 5–6.                  Medical License No. 206555 issued by
                                               matter was placed on the docket of the                     Neither party filed exceptions to the              the Commonwealth of Massachusetts
                                               Office of Administrative Law Judges and                 ALJ’s Order. Thereafter, on July 11,                  Board of Registration in Medicine. GX 2,
                                               assigned to ALJ Charles Wm. Dorman,                     2017, the ALJ forwarded the record to                 at Attachment B. However, on January
                                               who issued a scheduling order the                       my Office for Final Agency Action.                    5, 2017, the Board issued a Final
                                               following day. Order Granting Summary                      Upon review of the record, the former              Decision and Order which ‘‘indefinitely
                                               Disposition, at 2. Under the ALJ’s order,               Acting Administrator noted that while                 suspended’’ his medical license. GX 2,
                                               the Government was required to file any                 Respondent had filed a Corrective                     at Attachment A. According to the
                                               motion for summary disposition by May                   Action Plan the record contained no                   Board’s Physician Profile Web page of
                                               16, 2017 and Respondent was required                    evidence as to the Assistant                          which I take Official Notice, see 5 U.S.C.
                                               to file its opposition to the motion by                 Administrator’s decision as to the                    556(e),4 the suspension remains in effect
                                               ‘‘2:00 p.m. EDT on May 26, 2017.’’ Id.                  adequacy of Respondent’s Corrective                   as of the date of this Decision and
                                                  On May 16, 2017, the Government                      Action Plan. Accordingly, on September                Order.5
                                               filed its motion for summary                            22, 2017, the former Acting                           Discussion
                                               disposition. Therein, the Government                    Administrator issued an Order directing
                                               maintained that it is undisputed that                   the Government to notify my Office of                    Pursuant to 21 U.S.C. 824(a)(3), the
                                               Respondent lacks authority to dispense                  the status of Respondent’s Corrective                 Attorney General is authorized to
                                               controlled substances in Massachusetts,                 Action Plan, and in the event the                     suspend or revoke a registration issued
                                               the State in which he is registered, and                Assistant Administrator had issued a                  under section 823, ‘‘upon a finding that
                                               that therefore, he ‘‘no longer meets the                decision on review of the Plan, to                    the Registrant . . . has had his State
                                               statutory definition of a practitioner.’’               provide a copy of that decision. The                  license . . . suspended [or] revoked
                                               Mot. for Summ. Disp., at 3–4. As                        former Acting Administrator provided                  . . . by competent State authority and is
                                               support for the motion, the Government                  Respondent with the right to reply to                 no longer authorized by State law to
                                               attached a copy of the Final Decision                                                                         engage in the . . . dispensing of
                                                                                                       the Government’s submission no later
                                               and Order of the Commonwealth of                                                                              controlled substances.’’ Moreover, DEA
                                                                                                       than five business days from the date of
                                               Massachusetts Board of Registration in                                                                        has held repeatedly that the possession
                                                                                                       receipt of the Government’s submission.
                                               Medicine, which indefinitely suspended                     On September 25, 2017, the                         of authority to dispense controlled
                                               Respondent’s medical license, effective                 Government submitted a copy of the                    substances under the laws of the State
                                               January 5, 2017. The Government also                    former Assistant Administrator’s letter               in which a practitioner engages in
                                               attached a printout from the Board’s                    of June 12, 2017 rejecting Respondent’s               professional practice is a fundamental
                                                                                                       Corrective Action Plan.3 The former                   condition for obtaining and maintaining
                                                 1 The Government’s allegation erroneously                                                                   a practitioner’s registration. See, e.g.,
                                                                                                       Assistant Administrator also explained
                                               suggests that Respondent’s mere holding of a                                                                  James L. Hooper, 76 FR 71371 (2011),
                                               registration when his state authority had been          that ‘‘there [was] no potential
                                                                                                                                                             pet. for rev. denied, 481 Fed Appx. 826
                                               suspended constitutes a violation of these              modification of [Respondent’s Plan] that
                                                                                                                                                             (4th Cir. 2012).
                                               provisions. These provisions are, however, grants of    could or would alter my decision.’’                      This rule derives from the text of two
                                               authority to the Attorney General to grant an           Letter from Assistant Administrator,
                                               application or revoke an existing registration. While                                                         provisions of the CSA. First, Congress
                                               these provisions (along with 21 U.S.C. 802(21))         Diversion Control Division, to                        defined ‘‘the term ‘practitioner’ [to]
                                               manifest that a practitioner must hold state            Respondent’s Counsel (June 12, 2017).                 mean[] a . . . physician . . . or other
                                               authority to obtain or maintain a registration, a       Respondent did not file a response to
                                               practitioner does not violate the CSA simply by
                                               continuing to hold a registration after a State
                                                                                                       the Government’s submission.                             4 Respondent may refute this finding by filing a
                                                                                                          Having considered the record in its
ethrower on DSK3G9T082PROD with NOTICES




                                               suspends or revokes his medical license. If,                                                                  properly supported motion for reconsideration with
                                               however, a practitioner prescribed controlled           entirety, I adopt the ALJ’s factual                   the Office of the Administrator within 10 business
                                               substances without holding state authority, he          finding that Respondent’s                             days of the date of this Decision and Order.
                                               would violate a DEA regulation. See 21 CFR                                                                       5 While the Board’s Order provides that
                                               1306.03(a)(1).
                                                                                                       Massachusetts medical license has been
                                                                                                                                                             ‘‘Respondent may petition to stay [the] suspension
                                                 2 In his hearing request, Respondent also noted       suspended, as well as his legal                       upon successful completion of a clinical skills
                                               that he had filed a Corrective Action Plan with the                                                           assessment by a board-approved entity and entry
                                               Assistant Administrator, Diversion Control                3 A copy of this letter does not appear to have     into a Probation Agreement,’’ the suspension
                                               Division. Hearing Request, at 1 n.1.                    been previously provided to the ALJ.                  remains in effect as of the date of this Order.



                                          VerDate Sep<11>2014   17:29 Oct 25, 2017   Jkt 244001   PO 00000   Frm 00079   Fmt 4703   Sfmt 4703   E:\FR\FM\26OCN1.SGM   26OCN1


                                                                           Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Notices                                           49665

                                               person licensed, registered or otherwise                in the Commonwealth of Massachusetts                     As the first substantive ground for the
                                               permitted, by . . . the jurisdiction in                 be denied.                                            proceeding, the Show Cause Order
                                               which he practices . . . to distribute,                                                                       alleged that Respondent is ‘‘currently
                                                                                                       Order
                                               dispense, [or] administer . . . a                                                                             without authority to handle controlled
                                               controlled substance in the course of                     Pursuant to the authority vested in me              substances in Arizona.’’ GX 4, at 1. It
                                               professional practice.’’ 21 U.S.C.                      by 21 U.S.C. 824(a), as well as 28 CFR                alleged that, on December 21, 2016,
                                               802(21). Second, in setting the                         0.100(b), I order that DEA Certificate of             Respondent ‘‘entered into an Interim
                                               requirements for obtaining a                            Registration No. BC6966381 issued to                  Consent Agreement for Practice
                                               practitioner’s registration, Congress                   Yoon Choi, M.D., be, and it hereby is,                Restriction with the Arizona Medical
                                               directed that ‘‘[t]he Attorney General                  revoked. Pursuant to the authority                    Board’’ which ‘‘prohibited [Respondent]
                                               shall register practitioners . . . if the               vested in me by 21 U.S.C. 823(f), I                   from engaging in the practice of
                                               applicant is authorized to dispense . . .               further order that any application of                 medicine in the State of Arizona . . .
                                               controlled substances under the laws of                 Yoon Choi, M.D., to renew or modify                   until he applies to the Executive
                                               the State in which he practices.’’ 21                   this registration, or for any other                   Director and receives permission to do
                                               U.S.C. 823(f). Because Congress has                     registration in the Commonwealth of                   so.’’ GX 4, at 1 and GX 3, at 5 (Interim
                                               clearly mandated that a physician                       Massachusetts, be, and it hereby is,                  Consent Agreement For Practice
                                                                                                       denied. This Order is effective                       Restriction), respectively. The Show
                                               possess state authority in order to be
                                                                                                       November 27, 2017.                                    Cause Order alleged that Respondent
                                               deemed a practitioner under the Act,
                                                                                                                                                             was ‘‘still currently prohibited from
                                               DEA has held that revocation of a                         Dated: October 17, 2017.
                                                                                                                                                             practicing medicine in the state in
                                               practitioner’s registration is the                      Robert W. Patterson,                                  which . . . [he is] registered with the
                                               appropriate sanction whenever he is no                  Acting Administrator.                                 DEA . . . [and] therefore, the DEA must
                                               longer authorized to dispense controlled                [FR Doc. 2017–23329 Filed 10–25–17; 8:45 am]          revoke . . . [his] DEA . . . [registration]
                                               substances under the laws of the State                  BILLING CODE 4410–09–P                                based upon . . . [his] lack of authority
                                               in which he practices medicine. See,                                                                          to handle controlled substances in the
                                               e.g., Calvin Ramsey, 76 FR 20034, 20036                                                                       State of Arizona.’’ GX 4, at 2 (citing 21
                                               (2011); Sheran Arden Yeates, M.D., 71                   DEPARTMENT OF JUSTICE                                 U.S.C. 802(21), 823(f), and 824(a)(3)).
                                               FR 39130, 39131 (2006); Dominick A.                                                                              As the second substantive ground for
                                               Ricci, 58 FR 51104, 51105 (1993); Bobby                 Drug Enforcement Administration                       the proceeding, the Show Cause Order
                                               Watts, 53 FR 11919, 11920 (1988); see                                                                         alleged that the Arizona Attorney
                                               also Hooper v. Holder, 481 Fed. Appx.                   Harinder Takyar, M.D.; Decision and                   General’s Office and the Pinal County
                                               at 828.                                                 Order                                                 (Arizona) Task Force ‘‘initiated an
                                                  As a consequence of the Board’s Final                   On January 24, 2017, the Assistant                 investigation of . . . [Respondent’s]
                                               Decision and Order, Respondent is not                   Administrator, Diversion Control                      medical practice after receiving
                                               currently authorized to dispense                        Division, Drug Enforcement                            information from a cooperating source
                                               controlled substances in Massachusetts,                 Administration (hereinafter, DEA or                   that . . . [he] routinely prescribed large
                                               the State in which he is registered.                    Government), issued an Order to Show                  quantities of oxycodone, a Schedule II
                                                                                                                                                             controlled substance, without
                                               Because the CSA makes clear that the                    Cause to Harinder Takyar, M.D.
                                                                                                                                                             performing an examination.’’ GX 4, at 2.
                                               possession of authority to dispense                     (hereinafter, Respondent) of Mesa,
                                                                                                                                                             After summarizing two law enforcement
                                               controlled substances under the laws of                 Arizona. GX 4. The Show Cause Order
                                                                                                                                                             officers’ undercover visits to
                                               the State in which a practitioner engages               proposed the revocation of
                                                                                                                                                             Respondent’s medical practice, the
                                               in professional practice is a                           Respondent’s Certificate of Registration
                                                                                                                                                             Show Cause Order alleged that,
                                               fundamental condition for both                          on the grounds that Respondent does
                                                                                                                                                             concerning the first undercover officer,
                                               obtaining and maintaining a                             ‘‘not have authority to handle controlled
                                                                                                                                                             Respondent prescribed schedule II and
                                               practitioner’s registration, it is of no                substances in the State of Arizona,’’ the
                                                                                                                                                             IV controlled substances ‘‘after
                                               consequence that the Board’s Order                      State in which he is registered, and that
                                                                                                                                                             conducting only a cursory medical
                                               provided that he may petition to stay                   Respondent’s ‘‘registration would be                  examination[, or no physical
                                               the suspension upon meeting certain                     inconsistent with the public interest.’’              examination but falsely documenting a
                                               conditions. Cf. Hooper v. Holder, 481 F.                GX 4, at 1 (citing 21 U.S.C. 823(f),                  full physical exam] . . . without
                                               App’x at 828 (upholding revocation of a                 824(a)(3) and (4)).                                   inquiring about whether the agent
                                               physician’s registration as based on a                     As to the Agency’s jurisdiction, the               experienced sleeplessness, anxiety, or
                                               reasonable interpretation of the CSA,                   Show Cause Order alleged that                         panic[, and without] . . . properly
                                               notwithstanding that the physician’s                    Respondent holds DEA Certificate of                   execut[ing] . . . a prescription . . . as
                                               medical license was subject to a                        Registration No. BT9321150 which                      required by 21 CFR 1306.05(a) by not
                                               suspension of known duration); see also                 authorizes him to dispense controlled                 listing the full address of the patient on
                                               James L. Hooper, 76 FR 71371, 71371–                    substances in schedules II through V as               the face of the prescription . . . [or]
                                               72 (2011).6 As of this date, Respondent                 a practitioner at the registered address              maintain[ing] an adequate patient
                                               is not currently authorized to dispense                 of 9341 East McKellips Road, Mesa,                    chart.’’ GX 4, at 2–3.
                                               controlled substances in Massachusetts,                 Arizona 85207. GX 4, at 1. See also GX                   Concerning the second undercover
                                               and therefore, he is not entitled to                    1 (Controlled Substance Registration                  officer, the Show Cause Order alleged
                                               maintain his registration in that State.                Certificate) (including ‘‘Reform                      that Respondent prescribed a schedule
ethrower on DSK3G9T082PROD with NOTICES




                                               Accordingly, I will order that his                      Physicians’’) and GX 2, at 1                          II controlled substance the first time
                                               registration be revoked and that any                    (Certification of Registration History)               ‘‘despite the agent informing . . .
                                               pending application to renew his                        (9341 E McKellips Road, Mesa, AZ                      [Respondent] that he felt no pain during
                                               registration, or for any other registration             85207–8520). The Show Cause Order                     . . . [Respondent’s] brief examination of
                                                                                                       alleged that this registration expires on             him . . . [, and a second time without]
                                                 6 By contrast, Respondent’s suspension is of          November 30, 2019. GX 4, at 1. See also               conduct[ing] a physical exam . . . and
                                               unknown duration.                                       GX 2, at 1.                                           falsely documenting a full physical


                                          VerDate Sep<11>2014   17:29 Oct 25, 2017   Jkt 244001   PO 00000   Frm 00080   Fmt 4703   Sfmt 4703   E:\FR\FM\26OCN1.SGM   26OCN1



Document Created: 2018-10-25 10:13:20
Document Modified: 2018-10-25 10:13:20
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 Citation82 FR 49663 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR