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Ashley Vermillion, N.P.; Decision and Order

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...

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.

Footnotes

1.  Based on the Government's submissions in its RFAA dated January 5, 2026, the Agency finds that service of the OSC on Registrant was adequate. The included declaration from a DEA Diversion Investigator (DI) indicates that on November 18, 2025, the DI emailed a copy of the OSC to Registrant's registered email address and mailed a copy of the OSC to Registrant's “mail to” address. RFAAX 2, at 1-2; see also id., Attachments A-B. Further, on November 25, 2025, the DI and other DEA personnel attempted to personally serve Registrant at her registered address but were informed upon arrival that Registrant no longer worked there and had relocated to Ohio. Id. at 2. Here, the Agency finds that Registrant was successfully served the OSC by email and that the DI's efforts to serve Registrant by other means were “ `reasonably calculated, under all the circumstances, to apprise [Registrant] of the pendency of the action.' ” Jones v. Flowers, 547 U.S. 220, 226 (2006) (quoting Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950)); see also Mohammed S. Aljanaby, M.D.,82 FR 34552, 34552 (2017) (finding that service by email satisfies due process where the email is not returned as undeliverable and other methods have been unsuccessful).

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2.  Under the Administrative Procedure Act, an agency “may take official notice of facts at any stage in a proceeding—even in the final decision.” United States Department of Justice, Attorney General's Manual on the Administrative Procedure Act 80 (1947) (Wm. W. Gaunt & Sons, Inc., Reprint 1979).

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3.  Pursuant to 5 U.S.C. 556(e), “[w]hen an agency decision rests on official notice of a material fact not appearing in the evidence in the record, a party is entitled, on timely request, to an opportunity to show the contrary.” The material fact here is that Registrant, as of the date of this decision, is not licensed as a nurse practitioner in Maine. Accordingly, Registrant may dispute the Agency's finding by filing a properly supported motion for reconsideration of findings of fact within fifteen calendar days of the date of this Order. Any such motion and response shall be filed and served by email to the other party and to the DEA Office of the Administrator, Drug Enforcement Administration at .

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4.  This rule derives from the text of two provisions of the Controlled Substances Act (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 he practices.” 21 U.S.C. 823(g)(1). Because Congress has clearly mandated that a practitioner possess state authority in order to be deemed a practitioner under the CSA, 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 practices. See, e.g.,Elias Garcia Garcia, P.A.,90 FR 31242 (2025); Jason Weakley, R.N., A.P.R.N.,90 FR 10085 (2025); Khursheed Haider, M.D.,90 FR 21950 (2025).

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[FR Doc. 2026-11572 Filed 6-9-26; 8:45 am]

BILLING CODE 4410-09-P

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91 FR 35270

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“Ashley Vermillion, N.P.; Decision and Order,” thefederalregister.org (June 10, 2026), https://thefederalregister.org/documents/2026-11572/ashley-vermillion-n-p-decision-and-order.