82 FR 55642 - First Choice Surgery Center of Baton Rouge, L.L.C.; Decision and Order

DEPARTMENT OF JUSTICE
Drug Enforcement Administration

Federal Register Volume 82, Issue 224 (November 22, 2017)

Page Range		55642-55643
FR Document		2017-25288
Federal Register, Volume 82 Issue 224 (Wednesday, November 22, 2017)
[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)]
[Notices]
[Pages 55642-55643]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25288]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 17-35]


First Choice Surgery Center of Baton Rouge, L.L.C.; Decision and 
Order

    On May 24, 2017, the Assistant Administrator, Diversion Control 
Division, issued an Order to Show Cause to First Choice Surgery Center 
of Baton Rouge, L.L.C (Respondent), of Baton Rouge, Louisiana. The Show 
Cause Order proposed the revocation of Respondent's DEA Certificate of 
Registration No. FF4394209, on the ground that ``the clinic does not 
have authority to dispense controlled substances in Louisiana, the 
[S]tate in which the clinic is located.'' Show Cause Order, at 1 
(citing 21 U.S.C. 823(f) and 824(a)(3)). The Show Cause Order also 
proposed revocation on the ground that Respondent's owner, ``Dr. Arnold 
Feldman, M.D., has been found guilty by the Louisiana State Board of 
Medical Examiners of misconduct related to controlled substances.'' Id. 
(citing 21 U.S.C. 823(f) and 824(a)(2); 21 CFR 1306.04).
    As to the jurisdictional basis for the proceeding, the Show Cause 
Order alleged that Respondent is ``registered . . . as a hospital/
clinic in [s]chedules II-V pursuant to [Registration No.] FF4394209 at 
505 East Airport Drive, Baton Rouge, Louisiana.'' Id. at 2. The Order 
alleged that this registration does not expire until ``September 30, 
2019.'' Id.
    As to the substantive grounds for the proceeding, the Show Cause 
Order alleged that Respondent ``is without authority to dispense 
controlled substances in Louisiana.'' Id. The Show Cause Order alleged 
that while Respondent ``previously held'' a Louisiana controlled 
substance license, ``[t]his license expired on September 23, 2016 and 
has not been renewed.'' Id. The Order then asserted that ``based upon 
[Respondent's] lack of [s]tate authority to dispense controlled 
substances in . . . Louisiana,'' its registration must be revoked. Id.
    As to the allegation based on its owner's misconduct, the Show 
Cause Order alleged that ``[o]n August 15, 2016, the Louisiana State 
Board of Medical Examiners found [Respondent's owner] guilty of 
violating [state law] by giving his staff pre-signed controlled 
substance prescriptions and/or allowing his staff to utilize a `Ghost 
writer' to affix his signature to controlled substances 
prescriptions.'' Id. The Order further alleged that its owner's conduct 
violated 21 U.S.C. 841(a)(1) and 21 CFR 1306.04. Id.
    The Show Cause Order notified Respondent of its right to request a 
hearing on the allegations or to submit a written statement while 
waiving its right to a hearing and the procedure for electing either 
option. Id. (citing 21 CFR 1301.43). In addition, the Order notified 
Respondent of its right to submit a corrective action plan pursuant to 
21 U.S.C. 824(c)(2)(C). Id. at 3-4.
    On June 15, 2017, Respondent, through its counsel, requested a 
hearing on the allegations. Letter from Respondent to Hearing Clerk, 
Office of Administrative Law Judges (June 15, 2017). The matter was 
assigned to Administrative Law Judge Charles Wm. Dorman (hereinafter, 
ALJ), who, on June 16, 2017, issued an order directing the Government 
to file evidence supporting the allegations by June 29, 2017 at 2 p.m., 
as well any motion for summary disposition. Briefing Schedule For Lack 
Of State Authority Allegations, at 1. The ALJ's order also provided 
that if the Government moved for summary disposition, Respondent's 
opposition was due by July 13, 2017 at 2 p.m. Id.
    On June 20, 2017, the Government filed its Motion for Summary 
Disposition. In its Motion, the Government argued that Respondent is a 
``practitioner'' under the CSA and that because its ``state authority 
has terminated, [it] no longer meets the statutory definition of a 
practitioner'' and is not entitled to maintain its registration. 
Motion, at 3. The Government thus sought a Recommendation that 
Respondent's registration be revoked. Id.
    As support for its motion, the Government provided: (1) A copy of 
Respondent's registration; (2) a letter dated May 22, 2017 from the 
Assistant Executive Director of the Louisiana Board of Pharmacy to a 
DEA Diversion Investigator (DI) stating that Respondent's Louisiana 
Controlled Dangerous Substance (CDS) license expired September 23, 
2016; (3) a November 16, 2016 Order of the Louisiana Board of Pharmacy 
indefinitely suspending the Controlled Dangerous Substance license of 
Arnold E. Feldman based on the suspension of his Louisiana Medical 
license; and (4) a declaration of the aforementioned DI that Respondent 
``currently has no authority to handle controlled substances in 
Louisiana.'' Mot. for Summ. Disp., Appendices A, B, and C. The 
Government did not, however, seek summary disposition based on the 
allegation that Respondent's owner had been found guilty by the 
Louisiana Board of misconduct related to controlled substances. Compare 
Mot. for Summ. Disp. with Show Cause Order, at 1-2.
    Respondent did not file a Reply to the Government's Motion, and on 
July 25, 2017, the ALJ granted the Government's Motion. Order Granting 
Summary Disposition (R.D.), at 3, 6. Noting that the Government had 
``provided a certified letter from the Louisiana Board of Pharmacy 
indicating that the Respondent held Louisiana Board of Pharmacy Number 
CDS.043803-ASC, but that this license expired on September 23, 2016,'' 
id. at 2, the ALJ found it ``undisputed that the Respondent lacks state 
authorization to dispense controlled substances in Louisiana, where 
[it] is registered.'' Id. at 5. Applying the Agency's longstanding rule 
``that a practitioner must be currently authorized to dispense 
controlled substances by the State in which [it] practices in order to 
obtain and maintain a registration,'' id. at 4 (citation omitted), the 
ALJ concluded that ``Respondent cannot maintain a DEA registration for 
any location in'' Louisiana and recommended that I revoke its 
registration.\1\ Id. at 5-6.
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    \1\ With respect to the allegation that Respondent's owner had 
been found guilty of misconduct by the Louisiana Board of Medical 
Examiners, the ALJ noted that [t]he Government did not provide any 
argument or evidence in its Motion.'' R.D. 6 n.1. However, as the 
ALJ observed, ``Respondent's lack of state authority to dispense 
controlled substances is a sufficient independent ground to 
recommend the revocation of [its] registration.'' Id.

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[[Page 55643]]

    Having considered the record, I adopt the ALJ's finding of fact 
that Respondent's Louisiana CDS license has expired and his of 
conclusion of law that Respondent lacks state authorization to dispense 
controlled substances in Louisiana. I will therefore adopt the ALJ's 
recommendation that I revoke Respondent's registration. I make the 
following findings.

Findings of Fact

    Respondent is the holder of DEA Certificate of Registration No. 
FF4394209, pursuant to which it is authorized to dispense controlled 
substances in schedules II through V as a Hospital/Clinic, at the 
registered address of: First Choice Surgery Center of Baton Rouge, 
L.L.C., 505 East Airport Drive, Baton Rouge, Louisiana. Mot. for Summ. 
Disp., Appendix A. This registration does not expire until September 
30, 2019. Id. Respondent is owned by Arnold E. Feldman, M.D. Resp.'s 
Hrng. Req, at 1.
    Respondent also previously held Louisiana Controlled Dangerous 
Substance License No.043803-ASC. Id., at Appendix B. However, 
Respondent allowed this license to expire on September 23, 2016. Id.
    Accordingly, I find that Respondent currently lacks authority to 
dispense controlled substances under the laws of the State of 
Louisiana.

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 of the 
Controlled Substances Act (CSA), ``upon a finding that the registrant . 
. . has had [its] 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.'' With respect 
to a practitioner, which includes a hospital or clinic, see 21 U.S.C. 
802(21), 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, e.g., James L. Hooper, 76 FR 71371 (2011), pet. for rev. denied, 
481 Fed. Appx. 826 (4th Cir. 2012); Frederick Marsh Blanton, 43 FR 
27616 (1978).
    This rule derives from the text of two other provisions of the CSA, 
section 802(21), which defines the term ``practitioner,'' and section 
823(f), which sets forth the registration requirements for 
practitioners. Notably, in section 802(21), Congress defined ``the term 
`practitioner' [to] mean[ ] a . . . physician . . . hospital, 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) (emphasis added). The text of this 
provision makes clear that a hospital is not a practitioner within the 
meaning of the CSA if it is not ``licensed, registered or otherwise 
permitted, by the jurisdiction in which [it] practices . . . to 
dispense [or] administer . . . a controlled substance in the course of 
professional practice.'' Id.
    To the same effect, Congress, in setting the requirements for 
obtaining a practitioner's registration, 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 [it] practices.'' 21 U.S.C. 823(f). Based on these 
provisions, the Agency held nearly forty years ago that ``[s]tate 
authorization to dispense or otherwise handle controlled substances is 
a prerequisite to the issuance and maintenance of a Federal controlled 
substances registration.'' Blanton, 43 FR at 27617 (revoking 
physician's registration based on one-year suspension of his state 
license) (emphasis added).
    Having allowed its Louisiana CDS license to expire, Respondent is 
no longer authorized to dispense controlled substances in the State.\2\ 
Because Congress has clearly mandated that a practitioner possess state 
authority in order to be deemed a practitioner under the Act, and 
Respondent is no longer authorized to dispense controlled substances 
under the laws of Louisiana, the State in which it is registered, I 
adopt the ALJ's recommended order and will order that its registration 
be revoked. See, e.g., Hooper, 76 FR at 71371-72; Sheran Arden Yeates, 
71 FR 39130, 39131 (2006); Dominick A. Ricci, 58 FR 51104, 51105 
(1993); Bobby Watts, 53 FR 11919, 11920 (1988); Blanton, 43 FR at 
27616.
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    \2\ Subsequent to the ALJ's issuance of his Recommended 
Decision, Respondent has not filed a motion supported by any 
evidence that its CDS license has been reinstated with either the 
ALJ or my Office.
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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. 
FF4394209 issued to First Choice Surgery Center of Baton Rouge, L.L.C., 
be, and it hereby is, revoked. This order is effective immediately.\3\
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    \3\ As found above, Respondent is owned by Dr. Arnold E. 
Feldman. For the same reasons which led the former Acting 
Administrator to revoke Dr. Feldman's Louisiana registration with an 
immediate effective date, see Arnold E. Feldman, 82 FR 39614, 39618 
& n.8 (2017), I conclude that the public interest necessitates that 
this Order be effective immediately. 21 CFR 1316.67.

    Dated: November 13, 2017.
Robert W. Patterson,
Acting Administrator.
[FR Doc. 2017-25288 Filed 11-21-17; 8:45 am]
 BILLING CODE 4410-09-P
55642 Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices

The Drug Enforcement Order alleged that this registration does registration. Motion, at 3. The
Administration (DEA) has considered not expire until ‘‘September 30, 2019.’’ Government thus sought a
the factors in 21 U.S.C. 823(a) and Id. Recommendation that Respondent’s
determined that the registration of these As to the substantive grounds for the registration be revoked. Id.
registrants to manufacture the proceeding, the Show Cause Order As support for its motion, the
applicable basic classes of controlled alleged that Respondent ‘‘is without Government provided: (1) A copy of
substances is consistent with the public authority to dispense controlled Respondent’s registration; (2) a letter
interest and with United States substances in Louisiana.’’ Id. The Show dated May 22, 2017 from the Assistant
obligations under international treaties, Cause Order alleged that while Executive Director of the Louisiana
conventions, or protocols in effect on Respondent ‘‘previously held’’ a Board of Pharmacy to a DEA Diversion
May 1, 1971. The DEA investigated each Louisiana controlled substance license, Investigator (DI) stating that
of the company’s maintenance of ‘‘[t]his license expired on September 23, Respondent’s Louisiana Controlled
effective controls against diversion by 2016 and has not been renewed.’’ Id. Dangerous Substance (CDS) license
inspecting and testing each company’s The Order then asserted that ‘‘based expired September 23, 2016; (3) a
physical security systems, verifying upon [Respondent’s] lack of [s]tate
November 16, 2016 Order of the
each company’s compliance with state authority to dispense controlled
Louisiana Board of Pharmacy
and local laws, and reviewing each substances in . . . Louisiana,’’ its
indefinitely suspending the Controlled
company’s background and history. registration must be revoked. Id.
As to the allegation based on its Dangerous Substance license of Arnold
Therefore, pursuant to 21 U.S.C. E. Feldman based on the suspension of
823(a), and in accordance with 21 CFR owner’s misconduct, the Show Cause
Order alleged that ‘‘[o]n August 15, his Louisiana Medical license; and (4) a
1301.33, the DEA has granted a declaration of the aforementioned DI
registration as a bulk manufacturer to 2016, the Louisiana State Board of
Medical Examiners found [Respondent’s that Respondent ‘‘currently has no
the above listed persons. authority to handle controlled
owner] guilty of violating [state law] by
Dated: November 16, 2017. giving his staff pre-signed controlled substances in Louisiana.’’ Mot. for
Demetra Ashley, substance prescriptions and/or allowing Summ. Disp., Appendices A, B, and C.
Acting Assistant Administrator. his staff to utilize a ‘Ghost writer’ to The Government did not, however, seek
[FR Doc. 2017–25285 Filed 11–21–17; 8:45 am] affix his signature to controlled summary disposition based on the
substances prescriptions.’’ Id. The Order allegation that Respondent’s owner had
BILLING CODE 4410–09–P
further alleged that its owner’s conduct been found guilty by the Louisiana
violated 21 U.S.C. 841(a)(1) and 21 CFR Board of misconduct related to
DEPARTMENT OF JUSTICE 1306.04. Id. controlled substances. Compare Mot. for
The Show Cause Order notified Summ. Disp. with Show Cause Order, at
Drug Enforcement Administration Respondent of its right to request a 1–2.
[Docket No. 17–35] hearing on the allegations or to submit Respondent did not file a Reply to the
a written statement while waiving its Government’s Motion, and on July 25,
First Choice Surgery Center of Baton right to a hearing and the procedure for 2017, the ALJ granted the Government’s
Rouge, L.L.C.; Decision and Order electing either option. Id. (citing 21 CFR Motion. Order Granting Summary
1301.43). In addition, the Order notified Disposition (R.D.), at 3, 6. Noting that
On May 24, 2017, the Assistant Respondent of its right to submit a the Government had ‘‘provided a
Administrator, Diversion Control corrective action plan pursuant to 21 certified letter from the Louisiana Board
Division, issued an Order to Show U.S.C. 824(c)(2)(C). Id. at 3–4. of Pharmacy indicating that the
Cause to First Choice Surgery Center of On June 15, 2017, Respondent, Respondent held Louisiana Board of
Baton Rouge, L.L.C (Respondent), of through its counsel, requested a hearing Pharmacy Number CDS.043803–ASC,
Baton Rouge, Louisiana. The Show on the allegations. Letter from but that this license expired on
Cause Order proposed the revocation of Respondent to Hearing Clerk, Office of September 23, 2016,’’ id. at 2, the ALJ
Respondent’s DEA Certificate of Administrative Law Judges (June 15, found it ‘‘undisputed that the
Registration No. FF4394209, on the 2017). The matter was assigned to Respondent lacks state authorization to
ground that ‘‘the clinic does not have Administrative Law Judge Charles Wm. dispense controlled substances in
authority to dispense controlled Dorman (hereinafter, ALJ), who, on June Louisiana, where [it] is registered.’’ Id.
substances in Louisiana, the [S]tate in 16, 2017, issued an order directing the at 5. Applying the Agency’s
which the clinic is located.’’ Show Government to file evidence supporting longstanding rule ‘‘that a practitioner
Cause Order, at 1 (citing 21 U.S.C. 823(f) the allegations by June 29, 2017 at 2 must be currently authorized to
and 824(a)(3)). The Show Cause Order p.m., as well any motion for summary dispense controlled substances by the
also proposed revocation on the ground disposition. Briefing Schedule For Lack State in which [it] practices in order to
that Respondent’s owner, ‘‘Dr. Arnold Of State Authority Allegations, at 1. The obtain and maintain a registration,’’ id.
Feldman, M.D., has been found guilty ALJ’s order also provided that if the at 4 (citation omitted), the ALJ
by the Louisiana State Board of Medical Government moved for summary concluded that ‘‘Respondent cannot
Examiners of misconduct related to disposition, Respondent’s opposition maintain a DEA registration for any
controlled substances.’’ Id. (citing 21 was due by July 13, 2017 at 2 p.m. Id. location in’’ Louisiana and
asabaliauskas on DSKBBXCHB2PROD with NOTICES

U.S.C. 823(f) and 824(a)(2); 21 CFR On June 20, 2017, the Government recommended that I revoke its
1306.04). filed its Motion for Summary registration.1 Id. at 5–6.
As to the jurisdictional basis for the Disposition. In its Motion, the
proceeding, the Show Cause Order Government argued that Respondent is 1 With respect to the allegation that Respondent’s

alleged that Respondent is ‘‘registered a ‘‘practitioner’’ under the CSA and that owner had been found guilty of misconduct by the
. . . as a hospital/clinic in [s]chedules because its ‘‘state authority has Louisiana Board of Medical Examiners, the ALJ
noted that [t]he Government did not provide any
II–V pursuant to [Registration No.] terminated, [it] no longer meets the argument or evidence in its Motion.’’ R.D. 6 n.1.
FF4394209 at 505 East Airport Drive, statutory definition of a practitioner’’ However, as the ALJ observed, ‘‘Respondent’s lack
Baton Rouge, Louisiana.’’ Id. at 2. The and is not entitled to maintain its of state authority to dispense controlled substances

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Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices 55643

Having considered the record, I adopt ‘‘practitioner,’’ and section 823(f), Registration No. FF4394209 issued to
the ALJ’s finding of fact that which sets forth the registration First Choice Surgery Center of Baton
Respondent’s Louisiana CDS license has requirements for practitioners. Notably, Rouge, L.L.C., be, and it hereby is,
expired and his of conclusion of law in section 802(21), Congress defined revoked. This order is effective
that Respondent lacks state ‘‘the term ‘practitioner’ [to] mean[ ] a immediately.3
authorization to dispense controlled . . . physician . . . hospital, or other Dated: November 13, 2017.
substances in Louisiana. I will therefore person licensed, registered or otherwise Robert W. Patterson,
adopt the ALJ’s recommendation that I permitted, by . . . the jurisdiction in
Acting Administrator.
revoke Respondent’s registration. I make which he practices . . . to distribute,
[FR Doc. 2017–25288 Filed 11–21–17; 8:45 am]
the following findings. dispense, [or] administer . . . a
controlled substance in the course of BILLING CODE 4410–09–P
Findings of Fact professional practice.’’ 21 U.S.C. 802(21)
Respondent is the holder of DEA (emphasis added). The text of this
Certificate of Registration No. provision makes clear that a hospital is NATIONAL AERONAUTICS AND
FF4394209, pursuant to which it is not a practitioner within the meaning of SPACE ADMINISTRATION
authorized to dispense controlled the CSA if it is not ‘‘licensed, registered [Notice: 17– 087]
substances in schedules II through V as or otherwise permitted, by the
a Hospital/Clinic, at the registered jurisdiction in which [it] practices . . . NASA Advisory Council; Meeting
address of: First Choice Surgery Center to dispense [or] administer . . . a
of Baton Rouge, L.L.C., 505 East Airport controlled substance in the course of AGENCY: National Aeronautics and
Drive, Baton Rouge, Louisiana. Mot. for professional practice.’’ Id. Space Administration.
Summ. Disp., Appendix A. This To the same effect, Congress, in ACTION: Notice of meeting.
registration does not expire until setting the requirements for obtaining a
SUMMARY: In accordance with the
September 30, 2019. Id. Respondent is practitioner’s registration, directed that
Federal Advisory Committee Act, as
owned by Arnold E. Feldman, M.D. ‘‘[t]he Attorney General shall register
amended, the National Aeronautics and
Resp.’s Hrng. Req, at 1. practitioners . . . if the applicant is
Space Administration (NASA)
Respondent also previously held authorized to dispense . . . controlled
announces a meeting of the NASA
Louisiana Controlled Dangerous substances under the laws of the State
Advisory Council (NAC).
Substance License No.043803–ASC. Id., in which [it] practices.’’ 21 U.S.C.
823(f). Based on these provisions, the DATES: Thursday, December 7, 2017,
at Appendix B. However, Respondent
Agency held nearly forty years ago that 1:00–5:00 p.m.; and Friday, December 8,
allowed this license to expire on
‘‘[s]tate authorization to dispense or 2017, 9:00 a.m.–12:00 noon, Local Time.
September 23, 2016. Id.
Accordingly, I find that Respondent otherwise handle controlled substances ADDRESSES: NASA Headquarters,
currently lacks authority to dispense is a prerequisite to the issuance and Program Review Center (PRC), Room
controlled substances under the laws of maintenance of a Federal controlled 9H40, 300 E Street SW., Washington, DC
the State of Louisiana. substances registration.’’ Blanton, 43 FR 20546.
at 27617 (revoking physician’s FOR FURTHER INFORMATION CONTACT: Ms.
Discussion registration based on one-year Marla King, NAC Administrative
Pursuant to 21 U.S.C. 824(a)(3), the suspension of his state license) Officer, NASA Headquarters,
Attorney General is authorized to (emphasis added). Washington, DC 20546, (202) 358–1148
suspend or revoke a registration issued Having allowed its Louisiana CDS or marla.k.king@nasa.gov.
under section 823 of the Controlled license to expire, Respondent is no SUPPLEMENTARY INFORMATION: This
Substances Act (CSA), ‘‘upon a finding longer authorized to dispense controlled meeting will be open to the public up
that the registrant . . . has had [its] substances in the State.2 Because to the capacity of the meeting room.
State license . . . suspended [or] Congress has clearly mandated that a This meeting is also available
revoked . . . by competent State practitioner possess state authority in telephonically and by WebEx. You must
authority and is no longer authorized by order to be deemed a practitioner under use a touch-tone phone to participate in
State law to engage in the . . . the Act, and Respondent is no longer this meeting. Any interested person may
dispensing of controlled substances.’’ authorized to dispense controlled dial the Toll Number 1–630–395–0139
With respect to a practitioner, which substances under the laws of Louisiana, or Toll Free Number 1–888–603–9606
includes a hospital or clinic, see 21 the State in which it is registered, I and then the numeric passcode
U.S.C. 802(21), DEA has long held that adopt the ALJ’s recommended order and 8148619, followed by the # sign, on both
the possession of authority to dispense will order that its registration be days. Note: If dialing in, please ‘‘mute’’
controlled substances under the laws of revoked. See, e.g., Hooper, 76 FR at your phone. To join via WebEx, the link
the State in which a practitioner engages 71371–72; Sheran Arden Yeates, 71 FR is https://nasa.webex.com/. The meeting
in professional practice is a 39130, 39131 (2006); Dominick A. Ricci, number on December 7 is 996 950 837
fundamental condition for obtaining 58 FR 51104, 51105 (1993); Bobby and the meeting password is
and maintaining a practitioner’s Watts, 53 FR 11919, 11920 (1988); NACDEC717! (case sensitive); the
registration. See, e.g., James L. Hooper, Blanton, 43 FR at 27616. meeting number on December 8 is 997
76 FR 71371 (2011), pet. for rev. denied, Order 757 737 and the meeting password is
asabaliauskas on DSKBBXCHB2PROD with NOTICES

481 Fed. Appx. 826 (4th Cir. 2012); NACDEC817@(case sensitive).
Frederick Marsh Blanton, 43 FR 27616 Pursuant to the authority vested in me
(1978). by 21 U.S.C. 824(a), as well as 28 CFR 3 As found above, Respondent is owned by Dr.

This rule derives from the text of two 0.100(b), I order that DEA Certificate of Arnold E. Feldman. For the same reasons which led
other provisions of the CSA, section the former Acting Administrator to revoke Dr.
2 Subsequent to the ALJ’s issuance of his Feldman’s Louisiana registration with an immediate
802(21), which defines the term Recommended Decision, Respondent has not filed effective date, see Arnold E. Feldman, 82 FR 39614,
a motion supported by any evidence that its CDS 39618 & n.8 (2017), I conclude that the public
is a sufficient independent ground to recommend license has been reinstated with either the ALJ or interest necessitates that this Order be effective
the revocation of [its] registration.’’ Id. my Office. immediately. 21 CFR 1316.67.

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Document Created: 2017-11-22 00:48:44
Document Modified: 2017-11-22 00:48:44
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 55642
82 FR 55642 - First Choice Surgery Center of Baton Rouge, L.L.C.; Decision and Order

DEPARTMENT OF JUSTICEDrug Enforcement Administration

Federal Register Volume 82, Issue 224 (November 22, 2017)

DEPARTMENT OF JUSTICE
Drug Enforcement Administration
