Department of Justice
Drug Enforcement Administration
On November 17, 2025, the Drug Enforcement Administration (DEA or Government) issued an Order to Show Cause (OSC) to Ashley Vermillion, N.P., of Brunswick, Maine (Registrant). Request for Final Agency Action (RFAA), Exhibit (RFAAX) 1, at 1, 3. The OSC proposed the revocation of Registrant's Certificate of Registration No. MV8750134, alleging that Registrant's registration should be revoked because Registrant is “currently without authority to prescribe, administer, dispense, or otherwise handle controlled substances in the State of Maine, the state in which [she is] registered with DEA.” Id. at 2 (citing 21 U.S.C. 824(a)(3)).
The OSC notified Registrant of her right to file a written request for hearing, and that if she failed to file such a request, she would be deemed to have waived her right to a hearing and be in default. Id. (citing 21 CFR 1301.43). Here, Registrant did not request a hearing, and the Agency finds her to be in default. RFAA, at 3.[1] “A default, unless excused, shall be deemed to constitute a waiver of the registrant's/applicant's right to a hearing and an admission of the factual allegations of the [OSC].” 21 CFR 1301.43(e).
Further, “[i]n the event that a registrant . . . is deemed to be in default . . . DEA may then file a request for final agency action with the Administrator, along with a record to support its request. In such circumstances, the Administrator may enter a default final order pursuant to [21 CFR] 1316.67.” Id. 1301.43(f)(1). Here, the Government has requested final agency action based on Registrant's default pursuant to 21 CFR 1301.43(c), (f), 1301.46. RFAA, at 1; see also21 CFR 1316.67.
Findings of Fact
The Agency finds that, in light of Registrant's default, the factual allegations in the OSC are deemed admitted. According to the OSC, Registrant's state nursing license expired on July 8, 2025. RFAAX 1, at 2. According to Maine online records, of which the Agency takes official notice,[2] Registrant's state nursing license remains expired. Maine State Board of Nursing License Search, https://www.pfr.maine.gov/ALMSOnline/ALMSQuery/Welcome.aspx (last visited date of signature of this Order). Accordingly, the Agency finds that Registrant is not licensed as a nurse practitioner in Maine, the state in which she is registered with DEA.[3]
Discussion
Pursuant to 21 U.S.C. 824(a)(3), the Attorney General is authorized to suspend or revoke a registration issued under 21 U.S.C. 823 “upon a finding that the registrant . . . has had his State license or registration 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 also 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. Gonzales v. Oregon, 546 U.S. 243, 270 (2006) (“The Attorney General can register a physician to dispense controlled substances `if the applicant is ( printed page 35271) authorized to dispense . . . controlled substances under the laws of the State in which he practices.' . . . The very definition of a `practitioner' eligible to prescribe includes physicians `licensed, registered, or otherwise permitted, by the United States or the jurisdiction in which he practices' to dispense controlled substances. 802(21).”). The Agency has applied these principles consistently. See, e.g.,Lawrence Rudolph, D.M.D.,89 FR 79310 (2024); Henry-Norbert O. Ndekwe, M.D.,90 FR 15990 (2025); Benson Sergiles, P.A.,90 FR 32016 (2025).[4]
According to Maine statute, a “prescription drug order” means “a lawful written or oral order of a practitioner for a drug or device. Written orders may be issued on a prescription form or by electronic transmission.” Me. Rev. Stat. tit. 32, § 13702-A(31) (2025). Further, “practitioner” means “an individual who is licensed, registered or otherwise authorized in the appropriate jurisdiction to prescribe and administer drugs in the course of professional practice.” Id. § 13702-A(29).” Additionally, a “prescriber” means “a licensed health care professional or veterinarian with prescriptive authority, including a licensed health care professional or veterinarian who uses telehealth in providing health care to prescribe controlled substances to patients located in th[e] State.” Me. Rev. Stat. tit. 22, § 7246(5) (2025). “Dispense” means “the preparation and delivery of a prescription drug in a suitable container appropriately labeled for subsequent administration to or use by a patient or other individual entitled to receive the prescription drug pursuant to a lawful order of a practitioner.” Me. Rev. Stat. tit. 32, § 13702-A(9) (2025).
Here, the undisputed evidence in the record is that Registrant lacks authority to practice nursing in Maine because her Maine nursing license expired. As discussed above, an individual must be a licensed practitioner to dispense or prescribe a controlled substance in Maine. Thus, because Registrant currently lacks authority to practice nursing in Maine, and, therefore, is not currently authorized to handle controlled substances in Maine, Registrant is not eligible to maintain a DEA registration. Accordingly, the Agency will order that Registrant's DEA registration be revoked.
Order
Pursuant to 28 CFR 0.100(b) and the authority vested in me by 21 U.S.C. 824(a), I hereby revoke DEA Certificate of Registration No. MV750134 issued to Ashley Vermillion, N.P. Further, pursuant to 28 CFR 0.100(b) and the authority vested in me by 21 U.S.C. 823(g)(1), I hereby deny any pending applications of Ashley Vermillion, N.P., to renew or modify this registration, as well as any other pending application of Ashley Vermillion, N.P., for additional registration in Maine. This Order is effective July 10, 2026.
Signing Authority
This document of the Drug Enforcement Administration was signed on June 2, 2026, by DEA Administrator Terrance C. Cole. That document with the original signature and date is maintained by DEA. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DEA Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of DEA. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register .
Heather Achbach,
Federal Register Liaison Officer, Drug Enforcement Administration.