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sradovich on DSKJLST7X2PROD with NOTICES

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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
applications for . . . her DEA license.
RFAAX 3, at 1. At the end of her Written Statement, Respondent asks for a period of either probation or suspension with monitoring based on the circumstances in which . . . she unwittingly submitted the wrong responses on . . . her renewal applications. Id. at 2. In other words, Respondent does not even acknowledge that the OSC also proposed the revocation of her registration based on 21 U.S.C. 824a2.
Further, the focus of her Written Statement is that she made a very grave mistake which . . . she will forever regret. Id. at 1. It points out that she has undergone a lot of emotional stress regarding the risk . . . she placed . . .
her career in. Id. The Written Statement, however, does not move beyond the impact her wrongdoing has on herself and her career. Id. at 12. It characterizes her wrongdoing as unwittingly submitting the wrong responses, not as violating the law and betraying the trust of her employer and the Agency. Id. at 2.
Respondents choice to submit a Written Statement, instead of taking advantage of her right to a hearing, means that she cannot answer questions about her admittedly and allegedly forged controlled substance prescriptions and whether she accepts responsibility for her wrongdoing. The areas of concern I have about her admitted and alleged violations include how many times she forged controlled substance prescriptions for herself, what controlled substances were involved, why she forged the prescriptions, and what she did with the controlled substances. The areas of concern I have about acceptance of responsibility include whether, and for what, Respondent unequivocally accepts responsibility. In other words, Respondents recognition of having made a grave mistake that placed her career in risk, the resulting experience of a lot of emotional stress, and being sorry that she placed herself in such a position do not constitute unequivocal acceptance of responsibility for her wrongdoing. All of the areas of concern to me remain unresolved.
In sum, the record evidence raises, but does not answer, the extent and degree of Respondents wrongdoing and whether Respondent unequivocally accepts responsibility for it as the Agency requires. Jeffrey Stein, M.D., 84
FR 46,968, 46,97273 2019
unequivocal acceptance of responsibility; Jayam Krishna-Iyer, M.D., 74 FR 459, 463 2009 collecting cases. These deficiencies are
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concerning. For example, they may mean that Respondent does not appreciate 1 the full extent of her wrongdoing and the 2 breadth of the harm her wrongdoing caused. I am also left wondering what Respondent learned from her wrongdoing, and whether Respondent has the resources to avoid future wrongdoing.
For all of the above reasons, it is not reasonable for me, at this time, to trust that Respondent will comply with all controlled substance legal requirements in the future.10 Alra Labs., Inc. v. Drug Enft Admin., 54 F.3d at 452 An agency rationally may conclude that past performance is the best predictor of future performance.. Accordingly, I
shall order that Respondents registration be revoked, and that all pending applications to renew or modify Respondents registration and any pending application for a new registration in Georgia, be denied.
Order Pursuant to 28 CFR 0.100b and the authority vested in me by 21 U.S.C.
824a, I hereby revoke DEA Certificate of Registration No. MS1972101 issued to Uvienome Linda Sakor, N.P. Pursuant to 28 CFR 0.100b and the authority vested in me by 21 U.S.C. 824a and by 21 U.S.C. 823f, I further hereby deny any pending application of Uvienome Linda Sakor, N.P., to renew or modify this registration, as well as any other pending application of Uvienome Linda Sakor, N.P. for registration in Georgia.
This Order is effective October 7, 2021.
Anne Milgram, Administrator.
FR Doc. 202119194 Filed 9321; 8:45 am BILLING CODE 441009P

DEPARTMENT OF JUSTICE
Drug Enforcement Administration Docket No. 2113

Lora L. Thaxton, M.D.; Decision and Order On March 24, 2021, the Assistant Administrator, Diversion Control Division, Drug Enforcement Administration hereinafter, DEA or Government, issued an Order to Show Cause hereinafter, OSC to Lora L.
Thaxton, M.D. hereinafter, Respondent of Naples, Florida. OSC, at 1. The OSC
10 I do not consider remedial measures when a Respondent does not unequivocally accept responsibility. As discussed, the scope of Respondents discussion of remedial efforts was limited and, therefore, unpersuasive and not reassuring.

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proposed the revocation of Respondents Certificate of Registration No. FT3429227. It alleged that Respondent is without authority to handle controlled substances in Florida, the state in which Respondent is registered with DEA. Id. at 2 citing 21
U.S.C. 824a3.
Specifically, the OSC alleged that the Florida Department of Health issued an Order of Emergency Restriction of License on April 14, 2020. Id. at 1. This Order, according to the OSC, suspended Respondents Florida medical license following its findings, inter alia, that a medical evaluator from the impaired practitioner program for the Florida Board of Medicine had determined that Respondent was unable to practice medicine with reasonable skill and safety to patients due to alcohol use disorder. Id. at 2. According to the OSC, Respondent subsequently entered into a settlement agreement with the Florida Board of Medicine on February 5, 2021,1 under which Respondents medical license would remain suspended until she demonstrated her ability to practice medicine with reasonable skill and safety, submitted to an evaluation by the impaired practitioner program, and petitioned the Florida Board of Medicine for reinstatement of her medical license. Id.
The OSC notified Respondent of the right to request a hearing on the allegations or to submit a written statement, while waiving the right to a hearing, the procedures for electing each option, and the consequences for failing to elect either option. Id. at 23 citing 21 CFR 1301.43. The OSC also notified Respondent of the opportunity to submit a corrective action plan. Id. at 3
citing 21 U.S.C. 824c2C.
By letter dated April 29, 2021, Respondent timely requested a hearing.2
Request for Hearing Official Notification. The Office of Administrative Law Judges put the matter on the docket and assigned it to 1 The Governments Exhibit demonstrates that the Florida Board of Medicine approved the settlement agreement on April 5, 2021. See Governments Motion for Summary Disposition, Exhibit D, at 1
2.
2 According to the Declaration of the lead Diversion Investor hereinafter, DI assigned to this case, the DI mailed two copies of the OSC to Respondent on March 31, 2021. Government Motion Exhibit 1, at 12. By email dated April 2, 2021, Respondents counsel indicated that Respondent had received the OSC on April 2, 2021, and would be filing a request for hearing within 30
days, as well as a proposed corrective action plan.
Request for Hearing Emailed. Because Respondents hearing request, was filed within thirty days of the DIs mailing the OSC on April 29, 2021, I find that the Governments service of the OSC was adequate and that the hearing request was timely filed.

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