[Federal Register Volume 90, Number 34 (Friday, February 21, 2025)]
[Notices]
[Pages 10085-10086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02936]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Jason Weakley R.N., A.P.R.N.; Decision and Order
On May 7, 2024, the Drug Enforcement Administration (DEA or
Government) issued two Orders to Show Cause (OSCs) to Jason Weakley
R.N., A.P.R.N. (Registrant). Request for Final Agency Action dated June
18, 2024 (RFAA1), at 1; Request for Final Agency Action dated June 25,
2024 (RFAA2), at 1; RFAA1, Exhibit (RFAAX1) 1.C, at 1; RFAA2, Exhibit
(RFAAX2) 1.B, at 1. One OSC proposed the revocation of Registrant's
Certificate of Registration No. MW7073757, alleging that Registrant's
registration should be revoked because Registrant is without authority
to handle controlled substances in Vermont, the state in which
Registrant is registered with DEA under Certificate of Registration No.
MW7073757. RFAAX1 1.C, at 2 (citing 21 U.S.C. 824(a)(3)). The other OSC
proposed the revocation of Registrant's Certificate of Registration No.
MW7551460, alleging that Registrant's registration should be revoked
because he is without authority to handle controlled substances in New
Hampshire, the state in which he is registered with DEA under
Certificate of Registration No. MW7551460. RFAAX2 1.B, at 2 (citing 21
U.S.C. 824(a)(3)).
The OSCs notified Registrant of his right to file with DEA a
written request for hearing, and that if he failed to file such a
request, he would be deemed to have waived his right to a hearing and
be in default. RFAAX1 1.C, at 2 (citing 21 CFR 1301.43); RFAAX2 1.B, at
2 (same). Here, Registrant did not request a hearing regarding either
Certificate of Registration. RFAA1, at 2; RFAA2, at 2.\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).
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\1\ Based on the Government's submissions in its RFAA1 and
RFAA2, the Agency finds that service of the OSCs on Registrant was
adequate. Specifically, the submitted Declarations from DEA
Diversion Investigators indicate that Registrant was personally
served with both OSCs on May 16, 2024. RFAAX1 1, at 2; RFAAX1 1.D;
RFAAX2 1, at 2; RFAAX2 1.C.
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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] Sec. 1316.67.'' Id. Sec. 1301.43(f)(1). Here,
regarding both of Registrant's DEA registrations, the Government has
requested final agency action based on Registrant's default pursuant to
21 CFR 1301.43(c), (f), 1301.46. RFAA1, at 1; RFAA2, at 1; see also 21
CFR 1316.67.
Findings of Fact
The Agency finds that, in light of Registrant's default, the
factual allegations in the OSCs are admitted. According to the OSC
regarding Registrant's Vermont-based DEA registration, both
Registrant's Vermont registered nurse license and Vermont advanced
practice registered nurse licenses are expired and suspended as of
January 15, 2024. RFAAX1 1.C, at 2. According to Vermont online
records, of which the Agency takes official notice,\2\ Registrant's
Vermont registered nurse license and Vermont advanced practice
registered nurse licenses remain expired and suspended. Vermont Office
of Professional Regulation Find a Professional, https://sos.vermont.gov/opr/find-a-professional (last visited date of signature
of this Order).
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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). 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.'' 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 Office of the Administrator, Drug
Enforcement Administration at [email protected].
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Further, according to the OSC regarding Registrant's New Hampshire-
based DEA registration, Registrant's New Hampshire registered nurse
license and New Hampshire advanced practice
[[Page 10086]]
registered nurse license both expired on March 23, 2024. RFAAX2 1.B, at
2. According to New Hampshire online records, of which the Agency takes
official notice, Registrant's New Hampshire registered nurse license
and New Hampshire advanced practice registered nurse license both
remain expired. New Hampshire Online Licensing Person Search, https://forms.nh.gov/licenseverification/Search.aspx (last visited date of
signature of this Order).
Accordingly, the Agency finds that Registrant is not licensed to
practice as an advanced practice registered nurse in New Hampshire or
Vermont, the states in which he is registered with DEA.
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 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. Sec. 802(21).''). The Agency has applied these principles
consistently. See, e.g., James L. Hooper, M.D., 76 FR 71371, 71,372
(2011), pet. for rev. denied, 481 F. App'x 826 (4th Cir. 2012);
Frederick Marsh Blanton, M.D., 43 FR 27616, 27617 (1978).\3\
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\3\ 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., James L. Hooper, M.D., 76 FR at 71371-72; Sheran Arden Yeates,
M.D., 71 FR 39130, 39131 (2006); Dominick A. Ricci, M.D., 58 FR
51104, 51,105 (1993); Bobby Watts, M.D., 53 FR 11919, 11920 (1988);
Frederick Marsh Blanton, M.D., 43 FR at 27617.
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According to Vermont law, ``dispense'' means ``distribute, leave
with, give away, dispose of or deliver'' and ``prescribe'' means ``an
order for a patient made or given by a practitioner.'' Vt. Stat. Ann.
tit. 18, sec. 4201.7, 25 (2024). Further, a ``practitioner'' includes
``a physician, dentist, veterinarian, surgeon, or any other person who
may be lawfully entitled . . . to distribute, dispense, prescribe, or
administer regulated drugs to patients'' and a ``prescription'' means
``an order for a regulated drug made by a physician, physician
assistant, advanced practice registered nurse, dentist, or veterinarian
licensed . . . to prescribe such a drug . . . .'' Id. sec. 4201.24, 26.
According to New Hampshire law, ``dispense'' means ``to distribute,
leave with, give away, dispose of, deliver, or sell one or more doses
of and shall include the transfer of more than a single dose of a
medication . . .'' and ``prescribe'' means ``order or designate a
remedy or any preparation containing controlled drugs.'' N.H. Rev.
Stat. Ann. sec. 318-B:1 VIII, XXVII (2023). Further, a ``practitioner''
means ``any person who is lawfully entitled to prescribe, administer,
dispense or distribute controlled drugs to patients'' and a
``prescription'' means ``an oral, written, or facsimile or
electronically transmitted order for any controlled drug or preparation
issued by a licensed practitioner to be compounded and dispensed by a
pharmacist and delivered to a patient for a medicinal or therapeutic
purpose arising from a practitioner-patient relationship.'' Id. sec.
318-B:1 XXVI, XXVIII.
Here, the undisputed evidence in the record is that Registrant is
not currently licensed to practice as an advanced practice registered
nurse in either New Hampshire or Vermont. As discussed above, an
individual must be a licensed practitioner to handle controlled
substances in both New Hampshire and Vermont. Thus, because Registrant
lacks authority to practice as an advanced practice registered nurse in
both New Hampshire and Vermont and, therefore, is not authorized to
handle controlled substances in either New Hampshire or Vermont,
Registrant is not eligible to maintain a DEA registration in either
jurisdiction. Accordingly, the Agency will order that Registrant's
respective DEA registration in each jurisdiction 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 Certificates of Registration Nos.
MW7073757 and MW7551460 issued to Jason Weakley R.N., A.P.R.N. 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 Jason Weakley
R.N., A.P.R.N., to renew or modify these registrations, as well as any
other pending application of Jason Weakley R.N., A.P.R.N., for
additional registration in either New Hampshire or Vermont. This Order
is effective March 24, 2025.
Signing Authority
This document of the Drug Enforcement Administration was signed on
February 13, 2025, by Acting Administrator Derek Maltz. 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.
[FR Doc. 2025-02936 Filed 2-20-25; 8:45 am]
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