[Federal Register Volume 74, Number 71 (Wednesday, April 15, 2009)]
[Notices]
[Pages 17515-17516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8617]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 06-11]


Budget Drug and Wellness Center; Declaratory Order Terminating 
Registration

    On August 24, 2005, I, the Deputy Administrator of the Drug 
Enforcement Administration, issued an Order to Show Cause to Budget 
Drug and Wellness Center (Respondent), of Feasterville, 
Pennsylvania.\1\ The Show Cause Order proposed the revocation of 
Respondent's DEA Certificate of Registration, BB5209223, which 
authorizes it to dispense controlled substances as a retail pharmacy, 
and the denial of any pending applications to renew or modify its 
registration, on the ground that it had committed acts which render its 
registration inconsistent with the public interest. ALJ Ex. 1.
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    \1\ Upon the commencement of the proceeding, I also immediately 
suspended Respondent's registration. On April 12, 2006, the 
suspension order was withdrawn.
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    As grounds for the proceeding, the Show Cause Order alleged, inter 
alia,

[[Page 17516]]

that Respondent had violated its corresponding responsibility under 
Federal law by filling prescriptions which were not issued for a 
legitimate medical purpose by a practitioner acting in the usual course 
of professional practice. Id. More specifically, the Order alleged that 
Respondent had ``acquired over 15 million dosage units of'' such drugs 
as Didrex and phentermine, which are schedule III and IV controlled 
substances respectively, and that Respondent was dispensing ``huge 
amounts of dosage units to persons who'' obtained prescriptions through 
the Internet and ``who [were] never actually seen or examined by a 
physician.'' Id. at 8.
    Respondent timely requested a hearing. The matter was placed on the 
docket of the Agency's Administrative Law Judges (ALJ), and a hearing 
was held on March 27 through 29, 2006, at which both parties elicited 
the testimony of witnesses and introduced various documents into 
evidence. Following the hearing, both parties submitted briefs 
containing their proposed findings of fact, conclusions of law, and 
argument. Moreover, on October 11, 2007, the ALJ invited the parties to 
submit additional briefs in light of my decision in United Prescription 
Services, Inc., 72 FR 50397 (2007); both parties did so.
    Thereafter, on March 10, 2008, the ALJ issued her recommended 
decision. In her decision, the ALJ found that Respondent and its owner 
had repeatedly violated Federal law by filling prescriptions for 
controlled substances which it had reason to know were unlawful. ALJ at 
64-69. The ALJ also found that Respondent's owner had failed to accept 
responsibility for her misconduct. Id. at 70. The ALJ thus concluded 
that ``Respondent's continued registration would be inconsistent with 
the public interest,'' and recommended that I revoke its registration 
and deny any pending applications. Id.
    On May 2, 2008, Respondent filed exceptions to the ALJ decision. 
Shortly thereafter, the record was forwarded to me for final agency 
action.
    During the course of reviewing the record, my office determined 
that on August 12, 2008, Respondent had been acquired by Walgreens. On 
the same day, Respondent also surrendered its registration certificate, 
as well as its order forms (DEA Form 222), to the Agency's Philadelphia 
Field Division Office. Letter of Charlotte J. Lopacki, R.Ph., to DEA 
Philadelphia Field Div. Office (August 12, 2008). There is, however, no 
evidence that Respondent completed a voluntary surrender form.
    Based on these acts, I find that Respondent has discontinued 
business. Under 21 CFR 1301.52(a), ``the registration of any person 
shall terminate if and when such person * * * discontinues business or 
professional practice.'' Accordingly, I will declare that Respondent's 
registration has terminated with an effective date of August 12, 2008. 
And because there are no pending applications before the Agency, I 
further hold that the Show Cause proceeding is now moot.\2\
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    \2\ While I have raised the issue of Respondent's registration 
status sua sponte, in the event Respondent seeks to refute the 
factual basis upon which I rely, it may do so by filing a motion for 
reconsideration within fifteen days of the date of service of this 
Order, which shall begin on the date the Order is mailed.
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Order

    Pursuant to the authority vested in me under 5 U.S.C. 554(e), as 
well as 28 CFR 0.100(b) & 0.104, I hereby declare terminated as of 
August 12, 2008, DEA Certificate of Registration, BB5209223, issued to 
Budget Pharmacy and Wellness Center, of Feasterville, Pennsylvania. 
Pursuant to the authority vested in me by 21 U.S.C. 823(f) & 824(a), as 
well as 28 CFR 0.100(b) & 0.104, I further order that the Order to Show 
Cause issued to Budget Pharmacy and Wellness Center be, and it hereby 
is, dismissed. This Order is effective immediately.

    Dated: April 3, 2009.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E9-8617 Filed 4-14-09; 8:45 am]
BILLING CODE 4410-09-P