83 FR 7221 - James E. Ranochak, M.D.; Decision and Order

DEPARTMENT OF JUSTICE
Drug Enforcement Administration

Federal Register Volume 83, Issue 34 (February 20, 2018)

Page Range		7221-7223
FR Document		2018-03301
Federal Register, Volume 83 Issue 34 (Tuesday, February 20, 2018)
[Federal Register Volume 83, Number 34 (Tuesday, February 20, 2018)]
[Notices]
[Pages 7221-7223]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03301]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


James E. Ranochak, M.D.; Decision and Order

    On September 11, 2017, the Acting Assistant Administrator, 
Diversion Control Division, Drug Enforcement Administration, issued an 
Order to Show Cause to James E. Ranochak, M.D. (hereinafter, 
Registrant), of Fort Wayne, Indiana. The Show Cause Order proposed the 
revocation of Registrant's DEA Certificate of Registration No. 
AR1591913, on the ground that he ``do[es] not have authority to handle 
controlled substances in . . . Indiana, the [S]tate in which [he is] 
registered with the'' Agency. GX 2, at 1 (citing 21 U.S.C. 823(f) and 
824(a)(3)).
    As to the jurisdictional basis of the proceeding, the Show Cause 
Order alleged that Registrant is registered ``as a practitioner in 
Schedules II [through]

[[Page 7222]]

V,'' under the above registration number, at the location of 3488-B 
Stellhorn Road, Fort Wayne, Indiana. Id. The Order further alleged that 
this registration does not expire until April 30, 2020. Id.
    As to the substantive ground for the proceeding, the Show Cause 
Order alleged that ``[o]n August 8, 2017, the Indiana Medical Licensing 
Board summarily suspended [Registrant's] medical license for 90 days, 
effective July 27, 2017'' and ``[t]his order remains in effect.'' Id. 
The Order thus alleged that Registrant is ``without authority to handle 
controlled substances in the State . . . in which [he is] registered.'' 
Id. The Order then asserted that Registrant is ``required to possess 
authority from a state in order to obtain or retain a DEA 
registration,'' and that ``[c]onsequently, . . . DEA must revoke'' his 
registration. Id. at 2 (citations omitted).
    The Show Cause Order also notified Registrant of his right to 
request a hearing on the allegations or to submit a written statement 
while waiving his right to a hearing, the procedure for electing either 
option, and the consequence of failing to elect either option. Id. 
(citing 21 CFR 1301.43). The Order also notified Registrant of his 
right to submit a corrective action plan in accordance with 21 U.S.C. 
824(c)(2)(C). Id. at 2-3.
    On September 14, 2017, a DEA Diversion Investigator went to 
Registrant's home address and personally served the Show Cause Order on 
Registrant. GX 3, at 2 (affidavit of DI). Moreover, in its Request for 
Final Agency Action which it submitted on November 9, 2017, the 
Government represents that since the date of service of the Show Cause 
Order, Registrant has not requested a hearing, nor submitted a written 
statement or a corrective action plan. Based on the DI's affidavit and 
the Government's representation, I find that more than 30 days have now 
passed since the date of service of the Show Cause Order and that 
Registrant has neither requested a hearing nor submitted a written 
statement or corrective action plan. I therefore find that Registrant 
has waived his right to request a hearing or submit a written statement 
and issue this Decision and Order based on relevant evidence submitted 
by the Government \1\ and matters of which I take official notice. 21 
CFR 1301.43(d)-(e). I make the following findings.
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    \1\ On January 12, 2018, the Government submitted a Supplement 
to its Request for Final Agency Action which contained an additional 
exhibit, this being a December 20, 2017 Order of the Medical 
Licensing Board.
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Findings of Fact

    Registrant is the holder of DEA Certificate of Registration No. 
AR1591913, pursuant to which he is authorized to dispense controlled 
substances in schedules II through V as a practitioner, at the 
registered address of 3488-B Stellhorn Road, Fort Wayne, Indiana. GX 1. 
This registration does not expire until April 30, 2020. Id.
    Registrant is also the holder of medical license No.01026732A 
issued by the Medical Licensing Board of Indiana (hereinafter, the 
Board). GX 3A (Order Granting Summary Suspension), at 1. However, on 
June 22, 2017, Registrant was indicted in the United States District 
Court for the Northern District of Indiana on 10 counts of Conspiracy 
to Commit Healthcare Fraud and Distributing a Controlled Substance. Id. 
at 2. Based on the indictment, on July 27, 2017, the Board summarily 
suspended Registrant's medical license for 90 days. Id. On December 7, 
2017, the Board extended the suspension for an additional 90 days. See 
GX 4, at 3 (Order Granting Summary Suspension Extension, at 2 (Dec. 20, 
2017)). Also, according to the Board's website (of which I take 
official notice),\2\ the suspension remains in effect as of the date of 
this Decision an Order; the website also reflects that Registrant's 
CSR-Physician License Nos. 01026732B and 01026732C have both expired.
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    \2\ See 5 U.S.C. 556(e).
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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 the 
Controlled Substances Act (CSA), ``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 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).
    The Agency's 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 
applicable to practitioners. Notably, in section 802(21), 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). The text of this provision 
makes clear that a physician is not a practitioner within the meaning 
of the CSA if he is not ``licensed, registered or otherwise permitted, 
by the jurisdiction in which he 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 he practices.'' 21 U.S.C. 823(f). Thus, 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).
    Here, based on the Summary Suspension Order of Registrant's medical 
license as well as the information that both of Registrant's state 
controlled substance licenses have expired, I find that Registrant is 
currently without authority to dispense controlled substances in 
Indiana, the State in which he is registered with DEA. See Ind. Code 
Sec.  35-48-3-3(b) (``Every person who dispenses . . . any controlled 
substance within Indiana must have a registration issued by the 
[pharmacy] board in accordance with its rules.''); see also Ind. Code 
Sec.  25-22.5-1-1.1(a)(1)(B) (the ``[p]ractice of medicine'' includes 
the ``prescription or administration of any form of treatment, without 
limitation''); id. Sec.  25-22.5-1-1(g) (defining ``[ ]physician'' to 
``mean any person . . . who holds [a] valid unlimited license to 
practice medicine'' in the state); id. Sec.  25-22.5-8-1 (``It is 
unlawful for any person to practice medicine . . . in this state 
without holding a license or permit to do so, as provided in this 
article.'').
    Moreover, because ``the controlling question'' in a proceeding 
brought

[[Page 7223]]

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 Indiana Board has employed summary 
process in suspending Registrant's state license. What is consequential 
is that Registrant is no longer currently authorized to dispense 
controlled substances in Indiana, the State in which he is registered. 
I will therefore order that his registration be revoked.

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 
AR1591913, issued to James E. Ranochak, M.D., be, and it hereby is, 
revoked. This Order is effective immediately.\3\
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    \3\ For the same reasons that led the Indiana Board to summarily 
suspend Registrant's medical license (his indictment in federal 
district court on 10 counts of Conspiracy to Commit Health Care 
Fraud and Distributing a Controlled Substance), I find that the 
public interest necessitates that this Order be effective 
immediately. 21 CFR 1316.67.

    Dated: February 6, 2018.
Robert W. Patterson,
Acting Administrator.
[FR Doc. 2018-03301 Filed 2-16-18; 8:45 am]
 BILLING CODE 4410-09-P
Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Notices 7221

DEPARTMENT OF JUSTICE Controlled Drug Schedule
Permit for Practice of Animal
substance code Euthanasia (Facility Permit).’’ Resp.’s
Drug Enforcement Administration Diphenoxylate ................... 9170 II Statement, at Exhibit E. While much of
[Docket No. DEA–392] Ecgonine ........................... 9180 II this document is unreadable, and it is
Hydrocodone ..................... 9193 II unclear from the document when this
Meperidine ........................ 9230 II
Bulk Manufacturer of Controlled Methadone ........................ 9250 II
permit was issued or expires,
Substances Application: Johnson Methadone intermediate ... 9254 II Respondent provided an affidavit of the
Matthey Inc. Morphine ........................... 9300 II Operations Manager for the Department
Thebaine ........................... 9333 II of Public Works of the City of Taylor,
Oxymorphone ................... 9652 II
ACTION: Notice of application. Noroxymorphone .............. 9668 II Michigan, which states that on October
Alfentanil ........................... 9737 II 30, 2017, he received the renewed state
DATES: Registered bulk manufacturers of Remifentanil ...................... 9739 II license for the facility. Affidavit of Matt
the affected basic classes, and Sufentanil .......................... 9740 II Bonza, at 2. Moreover, the Government
Tapentadol ........................ 9780 II
applicants therefore, may file written Fentanyl ............................ 9801 II does not dispute that the facility has re-
comments on or objections to the obtained state authority to dispense
issuance of the proposed registration in The company plans to manufacture controlled substances. Request for Order
accordance with 21 CFR 1301.33(a) on the above-listed controlled substances Dismissing Order to Show Cause, at 2.
or before April 23, 2018. in bulk for sale to its customers. As the Government acknowledges, the
ADDRESSES: Written comments should Thebaine (9333) will be used to sole basis for seeking revocation of
be sent to: Drug Enforcement manufacture other controlled substances Respondent’s DEA registration was ‘‘its
Administration, Attention: DEA Federal for sale in bulk to its customers. lack of state authority to handle
Register Representative/DRW, 8701 In reference to drug codes 7360 controlled substances’’ and ‘‘this ground
Morrissette Drive, Springfield, Virginia (marihuana), and 7370 (THC), the for revocation no longer exists.’’ Id. The
22152. company plans to bulk manufacture Government thus seeks an order
these drugs as synthetics. No other dismissing the Order to Show Cause. Id.
SUPPLEMENTARY INFORMATION: The activities for these drug codes are at 3. Accordingly, I will grant the
Attorney General has delegated his authorized for this registration. Government’s request and dismiss the
authority under the Controlled Order to Show Cause. Id.
Substances Act to the Administrator of Dated: February 6, 2018.
the Drug Enforcement Administration Susan A. Gibson, Order
(DEA), 28 CFR 0.100(b). Authority to Deputy Assistant Administrator.
Pursuant to the authority vested in me
exercise all necessary functions with [FR Doc. 2018–03293 Filed 2–16–18; 8:45 am] by 21 U.S.C. 824 and 28 CFR 0.100(b),
respect to the promulgation and BILLING CODE 4410–09–P I order that the Order to Show Cause
implementation of 21 CFR part 1301, issued to Taylor Animal Shelter be, and
incident to the registration of it hereby is, dismissed. This Order is
manufacturers, distributors, dispensers, DEPARTMENT OF JUSTICE effective immediately.
importers, and exporters of controlled
Drug Enforcement Administration Dated: February 6, 2018.
substances (other than final orders in
connection with suspension, denial, or Robert W. Patterson,
Taylor Animal Shelter; Order Acting Administrator.
revocation of registration) has been
redelegated to the Deputy Assistant On October 4, 2017, the Acting [FR Doc. 2018–03298 Filed 2–16–18; 8:45 am]
Administrator of the DEA Office of Assistant Administrator, Diversion BILLING CODE 4410–09–P
Diversion Control (‘‘Deputy Assistant Control Division, Drug Enforcement
Administrator’’) pursuant to section 7 of Administration, issued an Order to
28 CFR part 0, appendix to subpart R. Show Cause proposing the revocation of DEPARTMENT OF JUSTICE
In accordance with 21 CFR the DEA Certificate of Registration
issued to Taylor Animal Shelter of Drug Enforcement Administration
1301.33(a), this is notice that on
November 09, 2017, Johnson Matthey Taylor, Michigan (Respondent). GX 1, at
James E. Ranochak, M.D.; Decision
Inc., 2003 Nolte Drive, West Deptford, 1. The basis of the proposed action was
and Order
NJ 08066, applied to be registered as a that, on June 30, 2017, Respondent’s
bulk manufacturer of the following basic Michigan Controlled Substance Sodium On September 11, 2017, the Acting
classes of controlled substances: Pentobarbital Facility license lapsed, Assistant Administrator, Diversion
and thus, it was ‘‘currently without Control Division, Drug Enforcement
Controlled Drug Schedule authority to handle controlled Administration, issued an Order to
substance code
substances in the State of Michigan, the Show Cause to James E. Ranochak, M.D.
Gamma Hydroxybutyric 2010 I [S]tate in which [it is] registered with (hereinafter, Registrant), of Fort Wayne,
Acid. the’’ Agency. Id.; see also 21 U.S.C. Indiana. The Show Cause Order
Marihuana ......................... 7360 I § 824(a)(3). proposed the revocation of Registrant’s
Tetrahydrocannabinols ..... 7370 I
Dihydromorphine ............... 9145 I
Following service of the Show Cause DEA Certificate of Registration No.
Difenoxin ........................... 9168 I Order, Respondent submitted a timely AR1591913, on the ground that he
Propiram ........................... 9649 I written statement of position with ‘‘do[es] not have authority to handle
Amphetamine .................... 1100 II exhibits while waiving its right to a
sradovich on DSK3GMQ082PROD with NOTICES

controlled substances in . . . Indiana,
Methamphetamine ............ 1105 II
Lisdexamfetamine ............. 1205 II
hearing. In its position statement, the [S]tate in which [he is] registered
Methylphenidate ................ 1724 II Respondent represented that its state with the’’ Agency. GX 2, at 1 (citing 21
Nabilone ............................ 7379 II controlled substances registration was U.S.C. 823(f) and 824(a)(3)).
Cocaine ............................. 9041 II renewed on October 30, 2017. Resp.’s As to the jurisdictional basis of the
Codeine ............................. 9050 II
Dihydrocodeine ................. 9120 II
Statement at 3, ¶ 10. Respondent proceeding, the Show Cause Order
Oxycodone ........................ 9143 II attached a copy of a document which alleged that Registrant is registered ‘‘as
Hydromorphone ................ 9150 II states that it is a ‘‘Sodium Pentobarbital a practitioner in Schedules II [through]

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7222 Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Notices

V,’’ under the above registration 21 CFR 1301.43(d)–(e). I make the ‘‘practitioner,’’ and section 823(f),
number, at the location of 3488–B following findings. which sets forth the registration
Stellhorn Road, Fort Wayne, Indiana. Id. requirements applicable to practitioners.
Findings of Fact
The Order further alleged that this Notably, in section 802(21), Congress
registration does not expire until April Registrant is the holder of DEA defined ‘‘the term ‘practitioner’ [to]
30, 2020. Id. Certificate of Registration No. mean [ ] a . . . physician . . . or other
AR1591913, pursuant to which he is person licensed, registered or otherwise
As to the substantive ground for the
authorized to dispense controlled permitted, by . . . the jurisdiction in
proceeding, the Show Cause Order
substances in schedules II through V as which he practices . . . to distribute,
alleged that ‘‘[o]n August 8, 2017, the a practitioner, at the registered address
Indiana Medical Licensing Board dispense, [or] administer . . . a
of 3488–B Stellhorn Road, Fort Wayne, controlled substance in the course of
summarily suspended [Registrant’s] Indiana. GX 1. This registration does not
medical license for 90 days, effective professional practice.’’ 21 U.S.C.
expire until April 30, 2020. Id. 802(21). The text of this provision
July 27, 2017’’ and ‘‘[t]his order remains Registrant is also the holder of
in effect.’’ Id. The Order thus alleged makes clear that a physician is not a
medical license No.01026732A issued practitioner within the meaning of the
that Registrant is ‘‘without authority to by the Medical Licensing Board of CSA if he is not ‘‘licensed, registered or
handle controlled substances in the Indiana (hereinafter, the Board). GX 3A otherwise permitted, by the jurisdiction
State . . . in which [he is] registered.’’ (Order Granting Summary Suspension), in which he practices . . . to dispense
Id. The Order then asserted that at 1. However, on June 22, 2017, [or] administer . . . a controlled
Registrant is ‘‘required to possess Registrant was indicted in the United substance in the course of professional
authority from a state in order to obtain States District Court for the Northern practice.’’ Id.
or retain a DEA registration,’’ and that District of Indiana on 10 counts of To the same effect, Congress, in
‘‘[c]onsequently, . . . DEA must Conspiracy to Commit Healthcare Fraud setting the requirements for obtaining a
revoke’’ his registration. Id. at 2 and Distributing a Controlled Substance. practitioner’s registration, directed that
(citations omitted). Id. at 2. Based on the indictment, on ‘‘[t]he Attorney General shall register
The Show Cause Order also notified July 27, 2017, the Board summarily practitioners . . . if the applicant is
Registrant of his right to request a suspended Registrant’s medical license authorized to dispense . . . controlled
hearing on the allegations or to submit for 90 days. Id. On December 7, 2017, substances under the laws of the State
a written statement while waiving his the Board extended the suspension for in which he practices.’’ 21 U.S.C. 823(f).
right to a hearing, the procedure for an additional 90 days. See GX 4, at 3 Thus, based on these provisions, the
electing either option, and the (Order Granting Summary Suspension Agency held nearly forty years ago that
consequence of failing to elect either Extension, at 2 (Dec. 20, 2017)). Also, ‘‘[s]tate authorization to dispense or
option. Id. (citing 21 CFR 1301.43). The according to the Board’s website (of otherwise handle controlled substances
Order also notified Registrant of his which I take official notice),2 the is a prerequisite to the issuance and
right to submit a corrective action plan suspension remains in effect as of the maintenance of a Federal controlled
in accordance with 21 U.S.C. date of this Decision an Order; the substances registration.’’ Blanton, 43 FR
824(c)(2)(C). Id. at 2–3. website also reflects that Registrant’s at 27617 (revoking physician’s
On September 14, 2017, a DEA CSR-Physician License Nos. 01026732B registration based on one-year
Diversion Investigator went to and 01026732C have both expired. suspension of his state license)
Registrant’s home address and (emphasis added).
Discussion Here, based on the Summary
personally served the Show Cause Order Pursuant to 21 U.S.C. 824(a)(3), the
on Registrant. GX 3, at 2 (affidavit of DI). Suspension Order of Registrant’s
Attorney General is authorized to medical license as well as the
Moreover, in its Request for Final suspend or revoke a registration issued information that both of Registrant’s
Agency Action which it submitted on under section 823 of the Controlled state controlled substance licenses have
November 9, 2017, the Government Substances Act (CSA), ‘‘upon a finding expired, I find that Registrant is
represents that since the date of service that the registrant . . . has had his State currently without authority to dispense
of the Show Cause Order, Registrant has license . . . suspended [or] revoked controlled substances in Indiana, the
not requested a hearing, nor submitted . . . by competent State authority and is State in which he is registered with
a written statement or a corrective no longer authorized by State law to DEA. See Ind. Code § 35–48–3–3(b)
action plan. Based on the DI’s affidavit engage in the . . . dispensing of (‘‘Every person who dispenses . . . any
and the Government’s representation, I controlled substances.’’ With respect to controlled substance within Indiana
find that more than 30 days have now a practitioner, DEA has long held that must have a registration issued by the
passed since the date of service of the the possession of authority to dispense [pharmacy] board in accordance with its
Show Cause Order and that Registrant controlled substances under the laws of rules.’’); see also Ind. Code § 25–22.5–1–
has neither requested a hearing nor the State in which a practitioner engages 1.1(a)(1)(B) (the ‘‘[p]ractice of medicine’’
submitted a written statement or in professional practice is a includes the ‘‘prescription or
corrective action plan. I therefore find fundamental condition for obtaining administration of any form of treatment,
that Registrant has waived his right to and maintaining a practitioner’s without limitation’’); id. § 25–22.5–1–
request a hearing or submit a written registration. See, e.g., James L. Hooper, 1(g) (defining ‘‘[ ]physician’’ to ‘‘mean
statement and issue this Decision and 76 FR 71371 (2011), pet. for rev. denied, any person . . . who holds [a] valid
Order based on relevant evidence
sradovich on DSK3GMQ082PROD with NOTICES

481 Fed. Appx. 826 (4th Cir. 2012); unlimited license to practice medicine’’
submitted by the Government 1 and Frederick Marsh Blanton, 43 FR 27616 in the state); id. § 25–22.5–8–1 (‘‘It is
matters of which I take official notice. (1978). unlawful for any person to practice
The Agency’s rule derives from the medicine . . . in this state without
1 On January 12, 2018, the Government submitted
text of two other provisions of the CSA: holding a license or permit to do so, as
a Supplement to its Request for Final Agency
Action which contained an additional exhibit, this Section 802(21), which defines the term provided in this article.’’).
being a December 20, 2017 Order of the Medical Moreover, because ‘‘the controlling
Licensing Board. 2 See 5 U.S.C. 556(e). question’’ in a proceeding brought

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under 21 U.S.C. 824(a)(3) is whether the the DEA.’’ Order to Show Cause, at 1 My corrective action plan is to have my
holder of a DEA registration ‘‘is (citing 21 U.S.C. 823(f) and 824(a)(3)). case overturned on appeal. The Initial Brief
currently authorized to handle on the Merits was filed on 6/7/2017. Barring
With respect to the Agency’s the Court granting extensions of time (if
controlled substances in the [S]tate,’’ jurisdiction, the Show Cause Order filed), the Department of Health is was [sic]
Hooper, 76 FR at 71371 (quoting Anne alleged that Respondent is the holder of required to file their Answer Brief by 6/27/
Lazar Thorn, 62 FR 12847, 12848 Certificate of Registration No. 2017, and our Reply is due 20 days after
(1997)), the Agency has also long held BW6830500, pursuant to which he is service of the Answer Brief.
that revocation is warranted even where authorized to dispense controlled It would seem prudent for the DEA to
a practitioner has lost his state authority substances as a practitioner in schedules ‘‘postpone the proceedings’’ until the 1st
by virtue of the State’s use of summary II through V, at the registered address of
District Court of Appeal rules on this matter.
process and the State has yet to provide 9325 Glades Road, Suite 104, Boca Id. at 1.
a hearing to challenge the suspension. Raton, Florida. Id. The Order also Upon receipt of Respondent’s Hearing
Bourne Pharmacy, 72 FR 18273, 18274 alleged that this registration does not Request and CAP, the matter was placed
(2007); Wingfield Drugs, 52 FR 27070, expire until May 31, 2018. Id. on the docket of the Office of
27071 (1987). Thus, it is of no Administrative Law Judges and assigned
consequence that the Indiana Board has Regarding the substantive grounds for
the proceeding, the Show Cause Order to Chief Administrative Law Judge John
employed summary process in J. Mulrooney, II (hereinafter, CALJ). On
suspending Registrant’s state license. alleged that on December 29, 2016, the
Florida Board of Medicine ‘‘revoked July 6, 2017, the CALJ issued an order
What is consequential is that Registrant
[his] authority to practice medicine,’’ noting that Respondent was appearing
is no longer currently authorized to
and he is therefore ‘‘without authority to pro se and advised him ‘‘that he has the
dispense controlled substances in
handle controlled substances in Florida, right to seek representation by a
Indiana, the State in which he is
the [S]tate in which [he is] registered qualified attorney at his own expense.’’
registered. I will therefore order that his
with the DEA.’’ Id. Based on his ‘‘lack Order Directing the Filing of
registration be revoked.
of authority to [dispense] controlled Government Evidence of Lack of State
Order substances in . . . Florida,’’ the Order Authority Allegation and Briefing
Pursuant to the authority vested in me asserted that ‘‘DEA must revoke’’ his Schedule, at 1 & n.1 (citing 21 CFR
by 21 U.S.C. 824(a), as well as 28 CFR registration. Id. (citing 21 U.S.C. 1316.50). The CALJ also ordered the
0.100(b), I order that DEA Certificate of 823(f)(1) and 824(a)(3)). Government to file evidence to support
Registration AR1591913, issued to the allegation that Respondent lacks
The Show Cause Order notified state authority to handle controlled
James E. Ranochak, M.D., be, and it Respondent of (1) his right to request a
hereby is, revoked. This Order is substances and an accompanying
hearing on the allegations or to submit motion for summary disposition no later
effective immediately.3 a written statement in lieu of a hearing, than July 18, 2017. Id. The CALJ further
Dated: February 6, 2018. (2) the procedure for electing either directed Respondent to file his response
Robert W. Patterson, option, and (3) the consequence for to any summary disposition motion no
Acting Administrator. failing to elect either option. Id. at 2 later than August 1, 2017. Id. at 2.
[FR Doc. 2018–03301 Filed 2–16–18; 8:45 am] (citing 21 CFR 1301.43). The Show On July 6, 2017, the Acting Assistant
BILLING CODE 4410–09–P Cause Order also notified Respondent of Administrator received Respondent’s
his right to submit a corrective action CAP letter. See Letter from Acting
plan (hereinafter, CAP) to the Assistant Assistant Administrator Demetra Ashley
DEPARTMENT OF JUSTICE Administrator, Diversion Control to Respondent (dated July 11, 2017)
Division, and the procedure for doing (hereinafter CAP Rejection Ltr), at 1.
Drug Enforcement Administration so. Id. at 2–3. However, on July 10, 2017, before the
[Docket No. 17–37] On July 6, 2017, Respondent filed a Acting Assistant Administrator had
letter with the Office of Administrative ruled on Respondent’s CAP (and eight
Kenneth N. Woliner, M.D.; Decision Law Judges pursuant to which he days before its summary disposition
and Order requested a hearing on the allegations of motion was due), the Government filed
On June 6, 2017, the Assistant the Show Cause Order. Letter from its Motion for Summary Disposition. In
Administrator, Diversion Control Respondent to Hearing Clerk (dated July its Motion, the Government argued that
Division, Drug Enforcement 3, 2017) (hereinafter, Hearing Request). it is undisputed that the Florida Board
Administration (DEA), issued an Order In his letter, Respondent did not dispute of Medicine revoked Respondent’s
to Show Cause to Kenneth N. Woliner, that his Florida medical license ‘‘was Florida medical license. Government’s
M.D. (Respondent), of Boca Raton, revoked.’’ Id. at 1. He maintained, Motion for Summary Disposition (Govt.
Florida. The Show Cause Order however, that his license ‘‘was revoked Mot.), at 2. The Government further
proposed the revocation of for issues not relating to controlled argued ‘‘that the possession of authority
Respondent’s DEA Certificate of substances; and that the revocation . . . to dispense controlled substances under
Registration No. BW6830500 on the is currently under appeal at Florida’s the laws of the State in which a
ground that he ‘‘do[es] not have District Court of Appeal.’’ Id. practitioner engages in professional
authority to handle controlled Respondent also advised that he ‘‘has practice is a fundamental condition for
substances in the State of Florida, the not been convicted of any crime, much both obtaining and maintaining a
less one involving controlled practitioner’s registration’’ under the
sradovich on DSK3GMQ082PROD with NOTICES

[S]tate in which [he is] registered with
substances.’’ Id. Also on July 6, 2017, Controlled Substances Act (CSA). Id. at
3 For the same reasons that led the Indiana Board Respondent submitted his CAP by letter 3 (citation omitted). As support for its
to summarily suspend Registrant’s medical license to the Assistant Administrator, summary disposition request, the
(his indictment in federal district court on 10 Diversion Control Division. Letter from Government attached, inter alia, a
counts of Conspiracy to Commit Health Care Fraud
and Distributing a Controlled Substance), I find that
Respondent to Assistant Administrator certified copy of the Florida Board of
the public interest necessitates that this Order be Louis J. Milione (dated July 3, 2017). In Medicine’s December 29, 2016 ‘‘Final
effective immediately. 21 CFR 1316.67. his CAP, Respondent explained: Order’’ revoking Respondent’s license to

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Document Created: 2018-02-17 02:29:54
Document Modified: 2018-02-17 02:29:54
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		83 FR 7221
83 FR 7221 - James E. Ranochak, M.D.; Decision and Order

DEPARTMENT OF JUSTICEDrug Enforcement Administration

Federal Register Volume 83, Issue 34 (February 20, 2018)

DEPARTMENT OF JUSTICE
Drug Enforcement Administration
