82 FR 8434 - Donald W. Lamoureaux, M.D.; Decision and Order

DEPARTMENT OF JUSTICE
Drug Enforcement Administration

Federal Register Volume 82, Issue 15 (January 25, 2017)

Page Range		8434-8435
FR Document		2017-01688
Federal Register, Volume 82 Issue 15 (Wednesday, January 25, 2017)
[Federal Register Volume 82, Number 15 (Wednesday, January 25, 2017)]
[Notices]
[Pages 8434-8435]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01688]


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

 DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Donald W. Lamoureaux, M.D.; Decision and Order

    On September 16, 2016, the Assistant Administrator, Division of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Donald W. Lamoureaux, M.D. (Registrant), of 
Horseshoe Bend, Arkansas. The Show Cause Order proposed the revocation 
of his DEA Certificate of Registration, pursuant to which he is 
authorized to dispense controlled substances in schedules II through V, 
as a practitioner, on the ground that he ``do[es] not have authority to 
handle controlled substances in Arkansas, the [S]tate in which he is 
registered with the DEA.'' Show Cause Order, at 1.
    As grounds for the proceeding, the Show Cause Order alleged that 
Registrant is registered with the DEA as a practitioner authorized to 
dispense controlled substances in schedules II through V, pursuant to 
Certificate of Registration No. FL2413297, at the registered address of 
707 Third Street, Horseshoe Bend, Arkansas. Id. The Order also alleged 
that his registration does not expire until March 31, 2017. Id.
    The Show Cause Order then alleged that Registrant's Arkansas 
medical license expired on April 30, 2015, and that he is currently 
without authority to dispense controlled substances in Arkansas, the 
State in which he is registered with the DEA. Id. at 1-2. Based upon 
Registrant's lack of authority to handle controlled substances in the 
State of Arkansas, the Government asserts that his registration is 
subject to revocation. Id. at 2 (citing 21 U.S.C. Sec. Sec.  802(21), 
823(f) and 824(a)(3)).
    The Show Cause Order also notified Registrant of his right to 
request a hearing on the allegations or to submit a written statement 
in lieu of a hearing, the procedures for electing either option, and 
the consequence for failing to elect either option. Id. at 2 (citing 21 
CFR 1301.43). In addition, the Order notified Registrant of his right 
to submit a Corrective Action Plan. Id. at 2-3.
    On September 19, 2016, the Show Cause Order was sent via certified 
mail to Registrant at his current residence, the Federal Correctional 
Institution, Butner, North Carolina, 27509. Government Request for 
Final Agency Action (RFAA), Appendix 4, Declaration, at 1. As evidenced 
by a copy of the signed return receipt card, service was accomplished 
on September 22, 2016. Id.; See also Appendix 4, at 3-4.
    On November 1, 2016, the Government forwarded to my Office a 
Request for Final Agency Action and an evidentiary record. In its 
Request, the Government represents that it has not received a request 
for a hearing or any other reply from Registrant. RFAA, at 2. The 
Government thus seeks the revocation of Registrant's Registration on 
the ground that he lacks state authority. Id. at 4.
    Based upon the Government's representation and the record, I find 
that more than 30 days have now passed since the date of service of the 
Show Cause Order, and neither Registrant, nor anyone purporting to 
represent him, has requested a hearing or submitted a written statement 
in lieu of a hearing. I therefore find that Registrant has waived his 
right to a hearing or to submit a written statement in lieu of a 
hearing and issue this Decision and Final Order based on relevant 
evidence contained in the record submitted by the Government. 21 CFR 
1301.43(d) & (e). I make the following findings of fact.

Findings

    Respondent is the holder of practitioner's registration FL2413297, 
pursuant to which he is authorized to dispense controlled substances in 
schedules II through V at the registered address of 707 Third Street, 
Horseshoe Bend, Arkansas; this registration does not expire until March 
31, 2017. Declaration of the Diversion Investigator (DI), at 1. 
According to the DI, Registrant's license to practice medicine in 
Arkansas lapsed on April 30, 2015, and he currently has no authority to 
practice medicine in that State. Id. at 1.
    As further support for the action, the DI obtained, and the 
Government submitted, a license verification from the Arkansas State 
Medical Board along with a Certification from the Board's Executive 
Secretary that the license verification was true and correct as of 
September 15, 2016. Appendix 2, at 1; Appendix 3, at 1. This document 
shows that as of September 14, 2016, the Board listed the expiration 
date of Registrant's medical license as ``April 30, 2015'' and the 
status of his license as ``Inactive''; it also includes the notation: 
``License Category: Felony Conviction.'' Appendix 3, at 2. Also, the 
document contains the following Board History notes, which include 
that:

    1. On February 9, 2015, the Board issued an Emergency Order of 
Suspension to Registrant;
    2. On April 10, 2015, the Board voted ``to continue the 
disciplinary hearing until after [Registrant's] [] trial date'';
    3. On July 2, 2015, the Board voted ``to block [Registrant's] 
access to renew his license should he wish to renew''; and
    4. On December 3, 2015, Registrant's ``medical license lapsed 
subsequent to the felony criminal conviction.''

Appendix 3, at 4-5. As Registrant did not respond to the Show Cause 
Order, let alone submit any evidence to show that his state license has 
been reinstated, I find that he does not possess authority to dispense 
controlled substances under the laws of Arkansas, the State in which he 
is registered with the Agency.

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 Title 
21, ``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.'' With respect to a practitioner, 
DEA has repeatedly held that the possession of authority to dispense 
controlled

[[Page 8435]]

substances under the laws of the State in which he engages in 
professional practice is a fundamental condition for obtaining and 
maintaining a registration. See, e.g., James L. Hooper, 76 FR 71371 
(2011), pet. for rev. denied, 481 Fed Appx. 826 (4th Cir. 2012); see 
also Frederick Marsh Blanton, 43 FR 27616 (1978) (``State authorization 
to dispense or otherwise handle controlled substances is a prerequisite 
to the issuance and maintenance of a Federal controlled substances 
registration.'').
    This rule derives from the text of two provisions of the CSA. 
First, Congress defined ``the term `practitioner' [to] mean[] a . . . 
physician . . . or other person licensed, registered, or otherwise 
permitted, by . . . the jurisdiction in which he practices . . . to 
distribute, dispense, [or] administer . . . a controlled substance in 
the course of professional practice.'' 21 U.S.C. Sec.  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. Sec.  823(f).
    Because Congress has clearly mandated that a practitioner possess 
state authority in order to be deemed a practitioner under the Act, DEA 
has held repeatedly that revocation of a practitioner's registration is 
the appropriate sanction whenever he is no longer authorized to 
dispense controlled substances under the laws of the State in which he 
engages in professional practice. 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); Blanton, 43 FR at 27617.
    Accordingly, because Registrant currently lacks authority to 
dispense controlled substances in Arkansas, the State in which he holds 
his DEA registration, I will order that his registration be revoked.

Order

    Pursuant to the authority vested in me by 21 U.S.C. Sec. Sec.  
823(f) and 824(a)(3), as well as 28 CFR 0.100(b), I order that DEA 
Certificate of Registration FL2413297 issued to Donald W. Lamoureaux, 
M.D., be, and it hereby is, revoked. I further order that any pending 
application of Donald W. Lamoureaux, M.D., to renew or modify his 
registration, be, and it hereby is, denied. This Order is effective 
February 24, 2017.

    Dated: January 17, 2017.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2017-01688 Filed 1-24-17; 8:45 am]
 BILLING CODE 4410-09-P
8434 Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices

Control Division (‘‘Assistant Registration No. FL2413297, at the Findings
Administrator’’) pursuant to section 7 of registered address of 707 Third Street, Respondent is the holder of
28 CFR part 0, appendix to subpart R. Horseshoe Bend, Arkansas. Id. The practitioner’s registration FL2413297,
In accordance with 21 CFR Order also alleged that his registration pursuant to which he is authorized to
1301.33(a), this is notice that on does not expire until March 31, 2017. dispense controlled substances in
September 14, 2016, Organix, Inc., 240 Id. schedules II through V at the registered
Salem Street, Woburn, Massachusetts The Show Cause Order then alleged address of 707 Third Street, Horseshoe
01801, applied to be registered as a bulk that Registrant’s Arkansas medical Bend, Arkansas; this registration does
manufacturer of the following basic license expired on April 30, 2015, and not expire until March 31, 2017.
classes controlled substances: that he is currently without authority to Declaration of the Diversion Investigator
dispense controlled substances in (DI), at 1. According to the DI,
Controlled substance Drug Schedule
Arkansas, the State in which he is Registrant’s license to practice medicine
code registered with the DEA. Id. at 1–2. in Arkansas lapsed on April 30, 2015,
Based upon Registrant’s lack of and he currently has no authority to
Gamma Hydroxybutyric 2010 I authority to handle controlled
Acid. practice medicine in that State. Id. at 1.
Lysergic acid 7315 I
substances in the State of Arkansas, the As further support for the action, the
diethylamide. Government asserts that his registration DI obtained, and the Government
Marihuana ..................... 7360 I is subject to revocation. Id. at 2 (citing submitted, a license verification from
Tetrahydrocannabinols 7370 I 21 U.S.C. §§ 802(21), 823(f) and the Arkansas State Medical Board along
Psilocybin ...................... 7437 I 824(a)(3)). with a Certification from the Board’s
Psilocyn ........................ 7438 I The Show Cause Order also notified
Executive Secretary that the license
Heroin ........................... 9200 I Registrant of his right to request a
Morphine ....................... 9300 II verification was true and correct as of
hearing on the allegations or to submit
September 15, 2016. Appendix 2, at 1;
a written statement in lieu of a hearing,
The company plans to manufacture Appendix 3, at 1. This document shows
the procedures for electing either
reference standards for distribution to that as of September 14, 2016, the Board
option, and the consequence for failing
its research and forensics customers. In listed the expiration date of Registrant’s
to elect either option. Id. at 2 (citing 21
reference to drug code 7360 (marihuana) medical license as ‘‘April 30, 2015’’ and
CFR 1301.43). In addition, the Order
and 7370 (THC) the company plans to the status of his license as ‘‘Inactive’’; it
notified Registrant of his right to submit
manufacture these drugs as synthetic. also includes the notation: ‘‘License
a Corrective Action Plan. Id. at 2–3.
No other activities for these drug codes On September 19, 2016, the Show Category: Felony Conviction.’’
are authorized for this registration. Cause Order was sent via certified mail Appendix 3, at 2. Also, the document
to Registrant at his current residence, contains the following Board History
Dated: December 22, 2016. notes, which include that:
Louis J. Milione, the Federal Correctional Institution,
Butner, North Carolina, 27509. 1. On February 9, 2015, the Board issued
Assistant Administrator. an Emergency Order of Suspension to
Government Request for Final Agency
[FR Doc. 2017–01582 Filed 1–24–17; 8:45 am] Registrant;
Action (RFAA), Appendix 4,
BILLING CODE 4410–09–P Declaration, at 1. As evidenced by a 2. On April 10, 2015, the Board voted ‘‘to
continue the disciplinary hearing until after
copy of the signed return receipt card, [Registrant’s] [] trial date’’;
service was accomplished on September 3. On July 2, 2015, the Board voted ‘‘to
DEPARTMENT OF JUSTICE 22, 2016. Id.; See also Appendix 4, at 3– block [Registrant’s] access to renew his
Drug Enforcement Administration 4. license should he wish to renew’’; and
On November 1, 2016, the 4. On December 3, 2015, Registrant’s
Donald W. Lamoureaux, M.D.; Decision Government forwarded to my Office a ‘‘medical license lapsed subsequent to the
Request for Final Agency Action and an felony criminal conviction.’’
and Order
evidentiary record. In its Request, the Appendix 3, at 4–5. As Registrant did
On September 16, 2016, the Assistant Government represents that it has not not respond to the Show Cause Order,
Administrator, Division of Diversion received a request for a hearing or any let alone submit any evidence to show
Control, Drug Enforcement other reply from Registrant. RFAA, at 2. that his state license has been
Administration (DEA), issued an Order The Government thus seeks the reinstated, I find that he does not
to Show Cause to Donald W. revocation of Registrant’s Registration possess authority to dispense controlled
Lamoureaux, M.D. (Registrant), of on the ground that he lacks state substances under the laws of Arkansas,
Horseshoe Bend, Arkansas. The Show authority. Id. at 4. the State in which he is registered with
Cause Order proposed the revocation of Based upon the Government’s the Agency.
his DEA Certificate of Registration, representation and the record, I find that
pursuant to which he is authorized to more than 30 days have now passed Discussion
dispense controlled substances in since the date of service of the Show Pursuant to 21 U.S.C. 824(a)(3), the
schedules II through V, as a practitioner, Cause Order, and neither Registrant, nor Attorney General is authorized to
on the ground that he ‘‘do[es] not have anyone purporting to represent him, has suspend or revoke a registration issued
authority to handle controlled requested a hearing or submitted a under section 823 of Title 21, ‘‘upon a
substances in Arkansas, the [S]tate in written statement in lieu of a hearing. I finding that the registrant . . . has had
which he is registered with the DEA.’’ therefore find that Registrant has waived his State license . . . suspended [or]
mstockstill on DSK3G9T082PROD with NOTICES

Show Cause Order, at 1. his right to a hearing or to submit a revoked . . . by competent State
As grounds for the proceeding, the written statement in lieu of a hearing authority and is no longer authorized by
Show Cause Order alleged that and issue this Decision and Final Order State law to engage in the . . .
Registrant is registered with the DEA as based on relevant evidence contained in dispensing of controlled substances.’’
a practitioner authorized to dispense the record submitted by the With respect to a practitioner, DEA has
controlled substances in schedules II Government. 21 CFR 1301.43(d) & (e). I repeatedly held that the possession of
through V, pursuant to Certificate of make the following findings of fact. authority to dispense controlled

VerDate Sep<11>2014 20:29 Jan 24, 2017 Jkt 241001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\25JAN1.SGM 25JAN1
Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices 8435

substances under the laws of the State Dated: January 17, 2017. During the public comment period,
in which he engages in professional Chuck Rosenberg, the proposed consent decree may be
practice is a fundamental condition for Acting Administrator. examined and downloaded at this
obtaining and maintaining a [FR Doc. 2017–01688 Filed 1–24–17; 8:45 am] Justice Department Web site: https://
registration. See, e.g., James L. Hooper, BILLING CODE 4410–09–P
www.justice.gov/enrd/consent-decrees.
76 FR 71371 (2011), pet. for rev. denied, We will provide a paper copy of the
481 Fed Appx. 826 (4th Cir. 2012); see proposed consent decree upon written
also Frederick Marsh Blanton, 43 FR DEPARTMENT OF JUSTICE request and payment of reproduction
27616 (1978) (‘‘State authorization to costs. Please mail your request and
dispense or otherwise handle controlled Notice of Lodging of Proposed payment to: Consent Decree Library,
substances is a prerequisite to the Consent Decree Under the System Unit U.S. DOJ—ENRD, P.O. Box 7611,
issuance and maintenance of a Federal Resource Protection Act Washington, DC 20044–7611.
controlled substances registration.’’). Please enclose a check or money order
This rule derives from the text of two On January 19, 2017, the Department for $4.75 (25 cents per page
provisions of the CSA. First, Congress of Justice lodged a proposed consent reproduction cost) payable to the United
defined ‘‘the term ‘practitioner’ [to] decree with the United States District States Treasury.
mean[] a . . . physician . . . or other Court for the Northern District of
person licensed, registered, or otherwise California in United States v. Tomales Henry Friedman,
permitted, by . . . the jurisdiction in Bay Oyster Company, LLC, Civil Action Assistant Section Chief, Environmental
which he practices . . . to distribute, No. 3:17–cv–00255. Enforcement Section, Environment and
dispense, [or] administer . . . a Natural Resources Division.
controlled substance in the course of The United States filed a complaint [FR Doc. 2017–01698 Filed 1–24–17; 8:45 am]
professional practice.’’ 21 U.S.C. under the System Unit Resource BILLING CODE P
§ 802(21). Second, in setting the Protection Act, 54 U.S.C. 100722(a), and
requirements for obtaining a California trespass law seeking damages
practitioner’s registration, Congress and response costs stemming from the DEPARTMENT OF JUSTICE
directed that ‘‘[t]he Attorney General Defendant’s alleged use of a parcel of
shall register practitioners . . . if the land owned by the United States and Notice of Lodging of Proposed
applicant is authorized to dispense . . . administered by the United States Consent Decree Under the Clean Water
controlled substances under the laws of National Park Service as part of the Act
the State in which he practices.’’ 21 Golden Gate National Recreation Area.
The United States simultaneously On January 17, 2017, the Department
U.S.C. § 823(f).
lodged a consent decree which would of Justice lodged a proposed Consent
Because Congress has clearly
settle these claims in return for a Decree with the United States District
mandated that a practitioner possess
state authority in order to be deemed a payment of $280,000. From this sum, Court for the Eastern District of Texas in
practitioner under the Act, DEA has the Department of Justice will deposit the lawsuit entitled United States and
held repeatedly that revocation of a $267,742 in the Department of the the State of Texas v. City of Tyler,
practitioner’s registration is the Interior’s Natural Resource Damage Texas, Civil Action No. 6:17–cv–00029.
appropriate sanction whenever he is no Assessment and Restoration Fund to The United States of America and the
longer authorized to dispense controlled pay for response and natural resource State of Texas (collectively, ‘‘Plaintiffs’’)
substances under the laws of the State damage assessment costs incurred by filed a complaint against the City of
in which he engages in professional the United States and natural resource Tyler, Texas, (‘‘Defendant’’) alleging that
practice. See, e.g., Calvin Ramsey, 76 FR restoration projects related to this Defendant violated and continues to
20034, 20036 (2011); Sheran Arden incident. The Department of Justice will violate Section 301 of the Clean Water
Yeates, M.D., 71 FR 39130, 39131 deposit the remaining $12,258 in the Act (‘‘CWA’’), 33 U.S.C. 1311, and
(2006); Dominick A. Ricci, 58 FR 51104, United States Treasury. Section 26.121(a)(1) of the Texas Water
51105 (1993); Bobby Watts, 53 FR The publication of this notice opens Code (‘‘TWC’’) by discharging raw
11919, 11920 (1988); Blanton, 43 FR at a period for public comment on the sewage from the City of Tyler’s
27617. proposed consent decree. Comments wastewater collection and treatment
Accordingly, because Registrant should be addressed to the Assistant systems (‘‘WCTS’’) into or adjacent to
currently lacks authority to dispense Attorney General, Environment and local waterways. The complaint further
controlled substances in Arkansas, the Natural Resources Division, and should alleges that Defendant failed to comply
State in which he holds his DEA refer to United States v. Tomales Bay with the terms and conditions of its two
registration, I will order that his Oyster Company, LLC, D.J. Ref. No. 90– Texas Pollutant Discharge Elimination
registration be revoked. 5–1–1–11544. All comments must be System permits, issued pursuant to
submitted no later than thirty (30) days Section 402 of the CWA, 33 U.S.C. 1342,
Order and in violation of Section 7.101 of the
after the publication date of this notice.
Pursuant to the authority vested in me Comments may be submitted either by TWC, due to operational failures,
by 21 U.S.C. §§ 823(f) and 824(a)(3), as email or by mail: Defendant’s failure to issue all necessary
well as 28 CFR 0.100(b), I order that reports required by its permits, and
DEA Certificate of Registration To submit Defendant’s failure to adequately
FL2413297 issued to Donald W. Send them to: safeguard against discharges during
mstockstill on DSK3G9T082PROD with NOTICES

comments:
Lamoureaux, M.D., be, and it hereby is, power outages. The complaint alleges
revoked. I further order that any By email ....... pubcomment-ees.enrd@ violations have been ongoing since
pending application of Donald W. usdoj.gov. 2005. The Plaintiffs seek injunctive
Lamoureaux, M.D., to renew or modify By mail ......... Assistant Attorney General, relief, pursuant to Section 309(b) of the
his registration, be, and it hereby is, U.S. DOJ—ENRD, P.O. CWA, 33 U.S.C. 1319(b), and Section
Box 7611, Washington, DC
denied. This Order is effective February 20044–7611.
7.032 of the TWC, and civil penalties,
24, 2017. pursuant to Section 309(d) of the CWA,

VerDate Sep<11>2014 20:29 Jan 24, 2017 Jkt 241001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\25JAN1.SGM 25JAN1
Document Created: 2017-01-25 00:08:57
Document Modified: 2017-01-25 00:08:57
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 8434
82 FR 8434 - Donald W. Lamoureaux, M.D.; Decision and Order

DEPARTMENT OF JUSTICEDrug Enforcement Administration

Federal Register Volume 82, Issue 15 (January 25, 2017)

DEPARTMENT OF JUSTICE
Drug Enforcement Administration
