Je veux savoir à propos de…

Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
sradovich on DSKJLST7X2PROD with NOTICES

theres no evidence that there were any other forged prescriptions presented by . . . Respondent. Id. I find that there is substantial record evidence that Respondents attorney stated that Respondent retained the prescription pad after she had left . . . her prior medical office employers employ and basically she wrote prescriptions out for herself. Id. at 13. I further find that the Arrest Warrant for Respondent describes four allegations of Forgery in the First Degree, including presenting those forged prescriptions to a pharmacy for filling, spanning February 5, 2009, through November 11, 2009. Id.
at 31. I credit the statement of Respondents attorney and the items addressed in the Arrest Warrant for Respondent. I conclude that the statement of Respondents attorney, that Respondent wrote prescriptions for herself, was made to ensure that all of Respondents alleged criminality was subsumed in her guilty plea. Id. at 13.
Given, among other reasons, that the statement of Respondents attorney implicated Respondent in criminality in addition to the one instance to which she pled guilty through a negotiated plea, I credit the statement of Respondents attorney, which I consider in my determination of Respondents appropriate sanction. Id. at 10; supra section II.C.
Based on substantial record evidence, I find that Respondent entered a negotiated guilty plea to Forgery in the First Degree, Ga. Code Ann. 1691, a Georgia felony, and that the Court accepted her guilty plea on November 18, 2010. RFAAX 4, at 35, 9, 20, 26
hydrocodone prescription; see also RFAAX 5, at 3 forging prescriptions.
I find that there is substantial record evidence that the facts underlying Respondents First-Degree Felony conviction include her having forged and presented for filling a controlled substance, hydrocodone, prescription for herself, and that the Court ordered Respondent discharged under the Georgia Probation for First-Offenders Act. RFAAX 4, at 910; id. at 2.
F. Allegation That Respondent Materially Falsified Registration Renewal Applications 21 U.S.C.
824a1
I find clear, unequivocal, and convincing evidence that, on November 18, 2010, the Honorable William H.
McClain, Superior Court Judge of Douglas County, Georgia, found that Respondent pled guilty to one count of Forgery in the First Degree under Georgia law, freely and voluntarily, with a full knowledge, understanding in waiver of her rights, theres a factual
VerDate Sep<11>2014

00:30 Sep 04, 2021

Jkt 253001

basis, and no promises, threats or force has been used to induce her plea. Id.
at 13; see also id. at 49. I find clear, unequivocal, and convincing record evidence that the facts underlying the Georgia felony to which Respondent pled guilty are that she forged and presented for filling a controlled substance hydrocodone prescription made out to herself on prescription paper belonging to a former physician employer. Id. at 910, 13. I find clear, unequivocal, and convincing record evidence that Judge McClain accepted her guilty plea, imposed sentence, and treated Respondent as a first offender on November 18, 2010. Id. at 1516; see also id. at 2022. I find clear, unequivocal, and convincing record evidence that, on November 18, 2010, when Judge McClain asked her before imposing sentence if there is anything that . . . she would like to say, Respondent replied that she would just . . . enlighten people that nurse practitioners actually do have the authority and . . . she does have the authority, . . . the license to write prescriptions for people in the State of Georgia as in many other states, and that is part of . . . her job. Id. at 1415.
I find clear, unequivocal, and convincing record evidence that Respondent also stated that she did the wrong thing in writing it for herself.
Id. at 15. I find clear, unequivocal, and convincing record evidence that, when Judge McClain asked her whether she had any sort of drug abuse problem, Respondent answered, No, I do not.
Id.
I find clear, unequivocal, and convincing record evidence that, after her felony guilty plea and sentencing on November 18, 2010, Respondent submitted registration renewal applications to the Agency on December 31, 2011, on February 25, 2015, and on January 5, 2018. RFAAX 1, at 110; see also RFAAX 3, at 12. I find clear, unequivocal, and convincing record evidence that, on those three registration renewal applications, Respondent answered no to the first Liability question that asked whether she had ever been convicted of a crime in connection with controlled substances under state or federal law . . . or any such action pending?
RFAAX 1, at 12, 4, 7, 10. I find clear, unequivocal, and convincing record evidence that Respondent admitted in her Written Statement that she answered no to this liability question in . . . her subsequent DEA renewal applications. RFAAX 3, at 1. I find clear, unequivocal, and convincing record evidence that Respondent stated
PO 00000

Frm 00166

Fmt 4703

Sfmt 4703

U:07SEN1.SGM

50177

that she provided this negative answer in December of 2011 . . . with the understanding that . . . she was not guilty of a felony substance control conviction. Id.
I find clear, unequivocal, and convincing record evidence that, on June 25, 2013, the GBN placed Respondents Georgia Nurse Practitioner license on probation for two years due to her failure to report her felony conviction to the . . . GBN within ten 10 days of such conviction. RFAAX
5, at 311, citing Ga. Code Ann. 431
27.7 I find clear, unequivocal, and convincing record evidence that, after the GBN placed her nurse practitioner license on probation on June 25, 2013, Respondent submitted registration renewal applications to the Agency on February 25, 2015 and on January 5, 2018. RFAAX 1, at 110; see also RFAAX 3, at 12. I find clear, unequivocal, and convincing record evidence that, on those two registration renewal applications, Respondent answered no to the third Liability question that asked whether she had ever surrendered for cause or had a state professional license or controlled substance registration revoked, suspended, denied, restricted, or placed on probation, or is any such action pending. RFAAX 1, at 12, 4, 7, 10. I
find clear, unequivocal, and convincing record evidence that Respondent admitted in her Written Statement that she answered no to this liability question in 2015 and in 2018. RFAAX
3, at 1. I find clear, unequivocal, and convincing record evidence that Respondent stated that she provided these two negative answers with the understanding because at that time . . .
her nursing license was no longer under probation. Id.
III. Discussion A. The Controlled Substances Act Under the Controlled Substances Act hereinafter, CSA, a registration . . .
to . . . distribute or dispense a controlled substance . . . may be suspended or revoked by the Attorney General upon a finding that the registrant1 has materially falsified any application filed pursuant to or required by this subchapter or 7 Any licensed individual who is convicted under the laws of this state, the United States, or any other state, territory, or country of a felony as defined in paragraph 3 of subsection a of Code Section 43119 shall be required to notify the appropriate licensing authority of the conviction within ten days of the conviction. The failure of a licensed individual to notify the appropriate licensing authority of a conviction shall be considered grounds for revocation of his or her license, permit, registration, certification, or other authorization to conduct a licensed profession.

07SEN1