83_FR_14568 83 FR 14503 - Mehdi Nikparvarfard, M.D.; Decision and Order

83 FR 14503 - Mehdi Nikparvarfard, M.D.; Decision and Order

DEPARTMENT OF JUSTICE
Drug Enforcement Administration

Federal Register Volume 83, Issue 65 (April 4, 2018)

Page Range14503-14504
FR Document2018-06870

Federal Register, Volume 83 Issue 65 (Wednesday, April 4, 2018)
[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Notices]
[Pages 14503-14504]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06870]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Mehdi Nikparvarfard, M.D.; Decision and Order

    On October 20, 2017, the Acting Assistant Administrator, Diversion 
Control Division, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Mehdi Nikparvarfard, M.D. (Registrant), of 
Philadelphia, Pennsylvania. The Show Cause Order proposed the 
revocation of Registrant's Certificate of Registration No. BN8871231 on 
the ground that he has ``no state authority to handle controlled 
substances.'' Order to Show Cause, Government Exhibit (GX) 2, at 1 
(citing 21 U.S.C. 824(a)(3)). For the same reason, the Order also 
proposed the denial of any of Registrant's ``applications for renewal 
or modification of such registration and any applications for any other 
DEA registrations.'' Id.
    With respect to the Agency's jurisdiction, the Show Cause Order 
alleged that Registrant is registered as a practitioner in schedules II 
through V, pursuant to DEA Certificate of Registration No. BN8871231, 
at the address of Advanced Urgent Care, 5058 City Ave., Philadelphia, 
Pennsylvania. Id. The Order also alleged that this registration does 
not expire until October 31, 2019. Id.
    As substantive grounds for the proceeding, the Show Cause Order 
alleged that on September 15, 2017, the Commonwealth of Pennsylvania 
State Board of Medicine ``issued an Order of Temporary Suspension and 
Notice of Hearing in which it suspended [Registrant's] license to 
practice'' medicine. Id. The Order alleged that, as a result, he is 
``currently without authority to practice medicine or handle controlled 
substances in the Commonwealth of Pennsylvania, the [S]tate in which 
[he is] registered with the DEA.'' Id. at 1-2. Based on his ``lack of 
authority to handle controlled substances in the Commonwealth of 
Pennsylvania,'' the Order asserted that ``DEA must revoke'' his 
registration. Id. at 2 (citing 21 U.S.C. 824(a)(3); 21 CFR 1301.37(b)).
    The Show Cause Order notified Registrant of his right to request a 
hearing on the allegations or to submit a written statement in lieu of 
a hearing, the procedure for electing either option, and the 
consequence for failing to elect either option. Id. (citing 21 CFR 
1301.43). The Show Cause Order also notified Registrant of his right to 
submit a corrective action plan. Id. at 2-3 (citing 21 U.S.C. 
824(c)(2)(C)).
    The Government states that on October 27, 2017, ``personnel from 
DEA's Philadelphia Field Division personally served the [Show Cause] 
Order on Registrant at the Philadelphia Federal Detention Center where 
he was incarcerated.'' Government's Request for Final Agency Action 
(RFFA), at 2 (citing GX 5). Specifically, a DEA Diversion Investigator 
from that Field Division states that she, along with a Task Force 
Officer, ``presented the [Order] to Dr. Nikparvar-Fard'' and that he 
``took the [Order].'' GX5, at 1.
    On December 21, 2018, the Government forwarded its Request for 
Final Agency Action and an evidentiary record to my Office. Therein, 
the Government represents that it has not received a hearing request 
and that Registrant ``has not otherwise corresponded or communicated 
with DEA regarding the Order served on him.'' RFFA, at 2. Based on the 
Government's representation and the record, I find that more than 30 
days have passed since the Order to Show Cause was served on 
Registrant, and he has neither requested a hearing nor submitted a 
written statement in lieu of a hearing. See 21 CFR 1301.43(d). 
Accordingly, I find that Registrant has waived his right to a hearing 
or to submit a written statement and issue this Decision and Order 
based on relevant evidence submitted by the Government. I make the 
following findings.

Findings of Fact

    Registrant is a physician who is registered as a practitioner in 
schedules II-V pursuant to Certificate of Registration No. BN8871231, 
at the registered address of Advanced Urgent Care, 5058 City Ave., 
Philadelphia, Pennsylvania. See GX 1 (DEA Certification of Registration 
Status), at 1. Although not alleged in the Show Cause Order, I also 
find that Registrant is the holder of DATA-Waiver Identification Number 
XN8871231, see id. at 1-2,\1\ which authorizes Registrant to dispense 
or prescribe schedule III-V narcotic controlled substances which ``have 
been approved by the Food and Drug Administration . . . specifically 
for use in maintenance or detoxification treatment'' for up to 275 
patients. 21 CFR 1301.28(a) & (b)(1)(iii). His registration does not 
expire until October 31, 2019. Id.
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    \1\ The DEA Certification of Registration Status confirms that 
Registrant has DATA-Waiver Authority, but it does not include the 
identification number for that authority. However, I take official 
notice that the Agency's registration records show that Registrant's 
DATA-Waiver Identification Number is XN8871231. Under the 
Administrative Procedure Act (APA), an agency ``may take official 
notice of facts at any stage in a proceeding--even in the final 
decision.'' U.S. Dept. of Justice, Attorney General's Manual on the 
Administrative Procedure Act 80 (1947) (Wm. W. Gaunt & Sons, Inc., 
Reprint 1979). In accordance with the APA and DEA's regulations, 
Registrant is ``entitled on timely request to an opportunity to show 
to the contrary.'' 5 U.S.C. 556(e); see also 21 CFR 1316.59(e).
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    The record also shows, and I so find, that on September 22, 2016, 
Registrant ``submitted a new online application for a DEA registration 
bearing an address of 721 Bethleh[e]m Pike, Montgomeryville,'' 
Pennsylvania, as a practitioner in schedules II-V. I find that this new 
application remains pending. See id. at 2.
    On September 15, 2017, the Commonwealth of Pennsylvania's State 
Board of Medicine issued an ``Order of Temporary Suspension and Notice 
Hearing'' to Registrant that ``TEMPORARILY SUSPENDED'' his ``license to 
practice as a medical

[[Page 14504]]

physician and surgeon'' in Pennsylvania. GX 3, at 1, 2. The Board also 
directed Registrant to ``surrender his wall certificate(s), biennial 
renewal certificate(s) and wallet card(s)'' to state authorities upon 
service of the Order. Id. at 2. On October 6, 2017, the Board issued an 
``Order Granting Continuance and Continuing Suspension'' stating that 
Registrant had ``agree[d] to toll the 180-day limit for the immediate 
and temporary suspension of [his] license . . . and [his] license shall 
remain SUSPENDED until a preliminary hearing is rescheduled or upon 
further order of the State Board of Medicine.'' GX 4, at 1. In light of 
the passage of time since the effective date of the Order, I have 
queried the Pennsylvania Medical Board's website regarding the status 
of Registrant's medical license, and I take official notice \2\ that 
Registrant's Pennsylvania medical license remains suspended as of the 
date of this decision. Based on the above, I find that Registrant does 
not currently have authority under the laws of Pennsylvania to dispense 
controlled substances.
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    \2\ See supra footnote 1.
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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 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 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. 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 [s]he 
practices.'' 21 U.S.C. 823(f). Because Congress has clearly mandated 
that a practitioner possess state authority in order to be deemed a 
practitioner under the Act, DEA has held repeatedly that revocation of 
a practitioner's registration is the appropriate sanction whenever 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 27616 
(1978).
    Moreover, because ``the controlling question'' in a proceeding 
brought under 21 U.S.C. 824(a)(3) is whether the holder of a DEA 
registration ``is currently authorized to handle controlled substances 
in the [S]tate,'' Hooper, 76 FR at 71371 (quoting Anne Lazar Thorn, 62 
FR 12847, 12848 (1997)), the Agency has also long held that revocation 
is warranted even where a practitioner has lost his state authority by 
virtue of the State's use of summary process and the State has yet to 
provide a hearing to challenge the suspension. Bourne Pharmacy, 72 FR 
18273, 18274 (2007); Wingfield Drugs, 52 FR 27070, 27071 (1987). Thus, 
it is of no consequence that the Pennsylvania Medical Board has 
suspended Registrant's state license and that Registrant may prevail in 
a future state hearing. What is consequential is the fact that 
Registrant is not currently authorized to dispense controlled 
substances in Pennsylvania, the State in which he is registered. I will 
therefore revoke his DEA registration, deny any pending application to 
modify his registration, or any pending application for any other 
registration in Pennsylvania.

Order

    Pursuant to the authority vested in me by 21 U.S.C. 823(f) and 
824(a), as well as 28 CFR 0.100(b), I order that DEA Certificate of 
Registration No. BN8871231 and DATA-Waiver Identification Number 
XN8871231, issued to Mehdi Nikparvarfard, M.D., be, and it hereby is, 
revoked. I further order that any pending application of Mehdi 
Nikparvarfard to renew or modify the above registration, or any pending 
application for any other registration in the Commonwealth of 
Pennsylvania, be, and it hereby is, denied. This Order is effective 
immediately.\3\
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    \3\ For the same reasons that led the Pennsylvania Board of 
Medicine to suspend Registrant's license, I find that the public 
interest necessitates that this Order be effective immediately. 21 
CFR 1316.67.

    Dated: March 26, 2018.
Robert W. Patterson,
Acting Administrator.
[FR Doc. 2018-06870 Filed 4-3-18; 8:45 am]
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                                             about the disposition of any firearm in                 any applications for any other DEA                    Government’s representation and the
                                             the course of a criminal investigation.                 registrations.’’ Id.                                  record, I find that more than 30 days
                                               5. An estimate of the total number of                    With respect to the Agency’s                       have passed since the Order to Show
                                             respondents and the amount of time                      jurisdiction, the Show Cause Order                    Cause was served on Registrant, and he
                                             estimated for an average respondent to                  alleged that Registrant is registered as a            has neither requested a hearing nor
                                             respond: An estimated 9,056                             practitioner in schedules II through V,               submitted a written statement in lieu of
                                             respondents will respond approximately                  pursuant to DEA Certificate of                        a hearing. See 21 CFR 1301.43(d).
                                             1,269.59375 times, and it will take each                Registration No. BN8871231, at the                    Accordingly, I find that Registrant has
                                             respondent approximately 1.05 minutes                   address of Advanced Urgent Care, 5058                 waived his right to a hearing or to
                                             to complete each response.                              City Ave., Philadelphia, Pennsylvania.                submit a written statement and issue
                                               6. An estimate of the total public                    Id. The Order also alleged that this                  this Decision and Order based on
                                             burden (in hours) associated with the                   registration does not expire until                    relevant evidence submitted by the
                                             collection: The estimated annual public                 October 31, 2019. Id.                                 Government. I make the following
                                                                                                        As substantive grounds for the                     findings.
                                             burden associated with this collection is
                                                                                                     proceeding, the Show Cause Order
                                             201,205 hours which is equal to 9,056                                                                         Findings of Fact
                                                                                                     alleged that on September 15, 2017, the
                                             (# of respondents) * 1,269.59375 (# of                                                                           Registrant is a physician who is
                                                                                                     Commonwealth of Pennsylvania State
                                             responses per person) * .0175 (1.05                     Board of Medicine ‘‘issued an Order of                registered as a practitioner in schedules
                                             minutes).                                               Temporary Suspension and Notice of                    II–V pursuant to Certificate of
                                               7. An Explanation of the Change in                    Hearing in which it suspended                         Registration No. BN8871231, at the
                                             Estimates: The increase in total                        [Registrant’s] license to practice’’                  registered address of Advanced Urgent
                                             responses by 6,678, total respondents by                medicine. Id. The Order alleged that, as              Care, 5058 City Ave., Philadelphia,
                                             1,523,647 and total burden hours by                     a result, he is ‘‘currently without                   Pennsylvania. See GX 1 (DEA
                                             23,673, are due to a general increase in                authority to practice medicine or handle              Certification of Registration Status), at 1.
                                             both the number of firearms                             controlled substances in the                          Although not alleged in the Show Cause
                                             manufacturers that respond to this                      Commonwealth of Pennsylvania, the                     Order, I also find that Registrant is the
                                             collection and the number of firearms                   [S]tate in which [he is] registered with              holder of DATA-Waiver Identification
                                             produced each year.                                     the DEA.’’ Id. at 1–2. Based on his ‘‘lack            Number XN8871231, see id. at 1–2,1
                                               If additional information is required                 of authority to handle controlled                     which authorizes Registrant to dispense
                                             contact: Melody Braswell, Department                    substances in the Commonwealth of                     or prescribe schedule III–V narcotic
                                             Clearance Officer, United States                        Pennsylvania,’’ the Order asserted that               controlled substances which ‘‘have been
                                             Department of Justice, Justice                          ‘‘DEA must revoke’’ his registration. Id.             approved by the Food and Drug
                                             Management Division, Policy and                         at 2 (citing 21 U.S.C. 824(a)(3); 21 CFR              Administration . . . specifically for use
                                             Planning Staff, Two Constitution                        1301.37(b)).                                          in maintenance or detoxification
                                             Square, 145 N Street NE, 3E.405A,                          The Show Cause Order notified                      treatment’’ for up to 275 patients. 21
                                             Washington, DC 20530.                                   Registrant of his right to request a                  CFR 1301.28(a) & (b)(1)(iii). His
                                               Dated: March 29, 2018.                                hearing on the allegations or to submit               registration does not expire until
                                             Melody Braswell,
                                                                                                     a written statement in lieu of a hearing,             October 31, 2019. Id.
                                                                                                     the procedure for electing either option,                The record also shows, and I so find,
                                             Department Clearance Officer for PRA, U.S.
                                                                                                     and the consequence for failing to elect              that on September 22, 2016, Registrant
                                             Department of Justice.
                                                                                                     either option. Id. (citing 21 CFR                     ‘‘submitted a new online application for
                                             [FR Doc. 2018–06768 Filed 4–3–18; 8:45 am]
                                                                                                     1301.43). The Show Cause Order also                   a DEA registration bearing an address of
                                             BILLING CODE 4410–FY–P
                                                                                                     notified Registrant of his right to submit            721 Bethleh[e]m Pike,
                                                                                                     a corrective action plan. Id. at 2–3                  Montgomeryville,’’ Pennsylvania, as a
                                                                                                     (citing 21 U.S.C. 824(c)(2)(C)).                      practitioner in schedules II–V. I find
                                             DEPARTMENT OF JUSTICE                                      The Government states that on                      that this new application remains
                                             Drug Enforcement Administration                         October 27, 2017, ‘‘personnel from                    pending. See id. at 2.
                                                                                                     DEA’s Philadelphia Field Division                        On September 15, 2017, the
                                             Mehdi Nikparvarfard, M.D.; Decision                     personally served the [Show Cause]                    Commonwealth of Pennsylvania’s State
                                             and Order                                               Order on Registrant at the Philadelphia               Board of Medicine issued an ‘‘Order of
                                                                                                     Federal Detention Center where he was                 Temporary Suspension and Notice
                                                On October 20, 2017, the Acting                      incarcerated.’’ Government’s Request for              Hearing’’ to Registrant that
                                             Assistant Administrator, Diversion                      Final Agency Action (RFFA), at 2 (citing              ‘‘TEMPORARILY SUSPENDED’’ his
                                             Control Division, Drug Enforcement                      GX 5). Specifically, a DEA Diversion                  ‘‘license to practice as a medical
                                             Administration (DEA), issued an Order                   Investigator from that Field Division
                                             to Show Cause to Mehdi Nikparvarfard,                   states that she, along with a Task Force                1 The DEA Certification of Registration Status

                                             M.D. (Registrant), of Philadelphia,                     Officer, ‘‘presented the [Order] to Dr.               confirms that Registrant has DATA-Waiver
                                             Pennsylvania. The Show Cause Order                      Nikparvar-Fard’’ and that he ‘‘took the               Authority, but it does not include the identification
                                                                                                                                                           number for that authority. However, I take official
                                             proposed the revocation of Registrant’s                 [Order].’’ GX5, at 1.                                 notice that the Agency’s registration records show
                                             Certificate of Registration No.                            On December 21, 2018, the                          that Registrant’s DATA-Waiver Identification
                                             BN8871231 on the ground that he has                     Government forwarded its Request for                  Number is XN8871231. Under the Administrative
                                             ‘‘no state authority to handle controlled               Final Agency Action and an evidentiary                Procedure Act (APA), an agency ‘‘may take official
                                                                                                                                                           notice of facts at any stage in a proceeding—even
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                                             substances.’’ Order to Show Cause,                      record to my Office. Therein, the                     in the final decision.’’ U.S. Dept. of Justice,
                                             Government Exhibit (GX) 2, at 1 (citing                 Government represents that it has not                 Attorney General’s Manual on the Administrative
                                             21 U.S.C. 824(a)(3)). For the same                      received a hearing request and that                   Procedure Act 80 (1947) (Wm. W. Gaunt & Sons,
                                             reason, the Order also proposed the                     Registrant ‘‘has not otherwise                        Inc., Reprint 1979). In accordance with the APA
                                                                                                                                                           and DEA’s regulations, Registrant is ‘‘entitled on
                                             denial of any of Registrant’s                           corresponded or communicated with                     timely request to an opportunity to show to the
                                             ‘‘applications for renewal or                           DEA regarding the Order served on                     contrary.’’ 5 U.S.C. 556(e); see also 21 CFR
                                             modification of such registration and                   him.’’ RFFA, at 2. Based on the                       1316.59(e).



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                                             14504                           Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Notices

                                             physician and surgeon’’ in                                802(21). Second, in setting the                       pending application for any other
                                             Pennsylvania. GX 3, at 1, 2. The Board                    requirements for obtaining a                          registration in the Commonwealth of
                                             also directed Registrant to ‘‘surrender                   practitioner’s registration, Congress                 Pennsylvania, be, and it hereby is,
                                             his wall certificate(s), biennial renewal                 directed that ‘‘[t]he Attorney General                denied. This Order is effective
                                             certificate(s) and wallet card(s)’’ to state              shall register practitioners . . . if the             immediately.3
                                             authorities upon service of the Order.                    applicant is authorized to dispense . . .               Dated: March 26, 2018.
                                             Id. at 2. On October 6, 2017, the Board                   controlled substances under the laws of               Robert W. Patterson,
                                             issued an ‘‘Order Granting Continuance                    the State in which [s]he practices.’’ 21
                                                                                                                                                             Acting Administrator.
                                             and Continuing Suspension’’ stating                       U.S.C. 823(f). Because Congress has
                                                                                                                                                             [FR Doc. 2018–06870 Filed 4–3–18; 8:45 am]
                                             that Registrant had ‘‘agree[d] to toll the                clearly mandated that a practitioner
                                                                                                                                                             BILLING CODE 4410–09–P
                                             180-day limit for the immediate and                       possess state authority in order to be
                                             temporary suspension of [his] license                     deemed a practitioner under the Act,
                                             . . . and [his] license shall remain                      DEA has held repeatedly that revocation
                                                                                                                                                             DEPARTMENT OF JUSTICE
                                             SUSPENDED until a preliminary                             of a practitioner’s registration is the
                                             hearing is rescheduled or upon further                    appropriate sanction whenever he is no                Drug Enforcement Administration
                                             order of the State Board of Medicine.’’                   longer authorized to dispense controlled
                                             GX 4, at 1. In light of the passage of time               substances under the laws of the State                [Docket No. DEA–392]
                                             since the effective date of the Order, I                  in which he engages in professional
                                             have queried the Pennsylvania Medical                     practice. See, e.g., Calvin Ramsey, 76 FR             Importer of Controlled Substances
                                             Board’s website regarding the status of                   20034, 20036 (2011); Sheran Arden                     Application: Catalent Pharma
                                             Registrant’s medical license, and I take                  Yeates, M.D., 71 FR 39130, 39131                      Solutions, LLC
                                             official notice 2 that Registrant’s                       (2006); Dominick A. Ricci, 58 FR 51104,               ACTION:    Notice of application.
                                             Pennsylvania medical license remains                      51105 (1993); Bobby Watts, 53 FR
                                             suspended as of the date of this                          11919, 11920 (1988); Blanton, 43 FR                   DATES:  Registered bulk manufacturers of
                                             decision. Based on the above, I find that                 27616 (1978).                                         the affected basic classes, and
                                             Registrant does not currently have                          Moreover, because ‘‘the controlling                 applicants therefore, may file written
                                             authority under the laws of                               question’’ in a proceeding brought                    comments on or objections to the
                                             Pennsylvania to dispense controlled                       under 21 U.S.C. 824(a)(3) is whether the              issuance of the proposed registration on
                                             substances.                                               holder of a DEA registration ‘‘is                     or before May 4, 2018. Such persons
                                                                                                       currently authorized to handle                        may also file a written request for a
                                             Discussion                                                controlled substances in the [S]tate,’’               hearing on the application on or before
                                                Pursuant to 21 U.S.C. 824(a)(3), the                   Hooper, 76 FR at 71371 (quoting Anne                  May 4, 2018.
                                             Attorney General is authorized to                         Lazar Thorn, 62 FR 12847, 12848                       ADDRESSES: Written comments should
                                             suspend or revoke a registration issued                   (1997)), the Agency has also long held                be sent to: Drug Enforcement
                                             under section 823 of Title 21, ‘‘upon a                   that revocation is warranted even where               Administration, Attention: DEA Federal
                                             finding that the registrant . . . has had                 a practitioner has lost his state authority           Register Representative/DRW, 8701
                                             his State license . . . suspended [or]                    by virtue of the State’s use of summary               Morrissette Drive, Springfield, Virginia
                                             revoked . . . by competent State                          process and the State has yet to provide              22152. All requests for hearing must be
                                             authority and is no longer authorized by                  a hearing to challenge the suspension.                sent to: Drug Enforcement
                                             State law to engage in the . . .                          Bourne Pharmacy, 72 FR 18273, 18274                   Administration, Attn: Administrator,
                                             dispensing of controlled substances.’’                    (2007); Wingfield Drugs, 52 FR 27070,                 8701 Morrissette Drive, Springfield,
                                             With respect to a practitioner, DEA has                   27071 (1987). Thus, it is of no                       Virginia 22152. All requests for hearing
                                             long held that the possession of                          consequence that the Pennsylvania                     should also be sent to: (1) Drug
                                             authority to dispense controlled                          Medical Board has suspended                           Enforcement Administration, Attn:
                                             substances under the laws of the State                    Registrant’s state license and that                   Hearing Clerk/LJ, 8701 Morrissette
                                             in which a practitioner engages in                        Registrant may prevail in a future state              Drive, Springfield, Virginia 22152; and
                                             professional practice is a fundamental                    hearing. What is consequential is the                 (2) Drug Enforcement Administration,
                                             condition for obtaining and maintaining                   fact that Registrant is not currently                 Attn: DEA Federal Register
                                             a registration. See, e.g., James L. Hooper,               authorized to dispense controlled                     Representative/DRW, 8701 Morrissette
                                             76 FR 71371 (2011), pet. for rev. denied,                 substances in Pennsylvania, the State in              Drive, Springfield, Virginia 22152.
                                             481 Fed. Appx. 826 (4th Cir. 2012); see                   which he is registered. I will therefore
                                                                                                                                                             SUPPLEMENTARY INFORMATION: The
                                             also Frederick Marsh Blanton, 43 FR                       revoke his DEA registration, deny any
                                             27616 (1978) (‘‘State authorization to                                                                          Attorney General has delegated his
                                                                                                       pending application to modify his
                                             dispense or otherwise handle controlled                                                                         authority under the Controlled
                                                                                                       registration, or any pending application
                                             substances is a prerequisite to the                                                                             Substances Act to the Administrator of
                                                                                                       for any other registration in
                                                                                                                                                             the Drug Enforcement Administration
                                             issuance and maintenance of a Federal                     Pennsylvania.
                                                                                                                                                             (DEA), 28 CFR 0.100(b). Authority to
                                             controlled substances registration.’’).
                                                This rule derives from the text of two                 Order                                                 exercise all necessary functions with
                                             provisions of the CSA. First, Congress                       Pursuant to the authority vested in me             respect to the promulgation and
                                             defined ‘‘the term ‘practitioner’ [to]                    by 21 U.S.C. 823(f) and 824(a), as well               implementation of 21 CFR part 1301,
                                             mean[] a . . . physician . . . or other                   as 28 CFR 0.100(b), I order that DEA                  incident to the registration of
                                             person licensed, registered or otherwise                  Certificate of Registration No.                       manufacturers, distributors, dispensers,
                                                                                                                                                             importers, and exporters of controlled
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                                             permitted, by . . . the jurisdiction in                   BN8871231 and DATA-Waiver
                                             which he practices . . . to distribute,                   Identification Number XN8871231,                      substances (other than final orders in
                                             dispense, [or] administer . . . a                         issued to Mehdi Nikparvarfard, M.D.,                  connection with suspension, denial, or
                                             controlled substance in the course of                     be, and it hereby is, revoked. I further                 3 For the same reasons that led the Pennsylvania
                                             professional practice.’’ 21 U.S.C.                        order that any pending application of                 Board of Medicine to suspend Registrant’s license,
                                                                                                       Mehdi Nikparvarfard to renew or                       I find that the public interest necessitates that this
                                               2 See   supra footnote 1.                               modify the above registration, or any                 Order be effective immediately. 21 CFR 1316.67.



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Document Created: 2018-11-01 09:11:47
Document Modified: 2018-11-01 09:11:47
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 Citation83 FR 14503 

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