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

Accordingly, I find that Respondent is not currently licensed to practice medicine in Florida, the state in which Respondent is registered with the DEA.
Discussion Pursuant to 21 U.S.C. 824a3, the Attorney General is authorized to suspend or revoke a registration issued under section 823 of the Controlled Substances Act hereinafter, CSA
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, the 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 practitioners registration. See, e.g., James L. Hooper, M.D., 76 FR 71,371
2011, pet. for rev. denied, 481 F. Appx 826 4th Cir. 2012; Frederick Marsh Blanton, M.D., 43 FR 27,616, 27,617
1978.
This rule derives from the text of two provisions of the 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.
80221. Second, in setting the requirements for obtaining a practitioners registration, Congress directed that the 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. 823f. Because Congress has clearly mandated that a practitioner possess state authority in order to be deemed a practitioner under the CSA, the DEA has held repeatedly that revocation of a practitioners 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, 76 FR at 71,37172;
Sheran Arden Yeates, M.D., 71 FR
39,130, 39,131 2006; Dominick A.
Ricci, M.D., 58 FR 51,104, 51,105 1993;
Bobby Watts, M.D., 53 FR 11,919, 11,920
1988; Frederick Marsh Blanton, 43 FR
at 27,617.
According to Florida statute, A
practitioner, in good faith and in the course of his or her professional practice
VerDate Sep<11>2014

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only, may prescribe, administer, dispense, mix, or otherwise prepare a controlled substance. Fla. Stat.
893.051a 2021. Further, a practitioner as defined by Florida statute includes a physician licensed under chapter 458. 6 Id. at 893.0223.
Here, the undisputed evidence in the record is that Respondent currently lacks authority to practice medicine in Florida. As already discussed, a physician must be a licensed practitioner to dispense a controlled substance in Florida. Thus, because Respondent lacks authority to practice medicine in Florida and, therefore, is not authorized to handle controlled substances in Florida, Respondent is not eligible to maintain a DEA registration.
Accordingly, I will order that Respondents DEA registration be revoked.
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. FT3429227 issued to Lora L. Thaxton, M.D. Further, pursuant to 28 CFR 0.100b and the authority vested in me by 21 U.S.C. 823f, I
hereby deny any pending application of Lora L. Thaxton to renew or modify this registration, as well as any other pending application of Lora L. Thaxton for additional registration in Florida.
This Order is effective October 7, 2021.
Anne Milgram, Administrator.
FR Doc. 202119203 Filed 9321; 8:45 am BILLING CODE 441009P

DEPARTMENT OF JUSTICE
U.S. Marshals Service OMB Number 11050106

Agency Information Collection Activities; Proposed eCollection eComments Requested;Extension Without Change of a Currently Approved Collection; Comments Requested: Form CSO005, Preliminary Background Check Form U.S. Marshals Service, Department of Justice.
ACTION: 30-day notice.
AGENCY:

The Department of Justice DOJ, U.S. Marshals Service USMS, will submit the following information collection request to the Office of Management and Budget OMB for review and approval in accordance with the Paperwork Reduction Act of 1995.

SUMMARY:

6 Chapter
PO 00000

458 regulates medical practice.

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Comments are encouraged and will be accepted for an additional 30
days until October 7, 2021.
FOR FURTHER INFORMATION CONTACT:
Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/
PRAMain. Find this particular information collection by selecting Currently under 30-day ReviewOpen for Public Comments or by using the search function.
SUPPLEMENTARY INFORMATION: Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:
Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
Evaluate the accuracy of the agencys estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.
DATES:

Overview of This Information Collection:
1 Type of Information Collection:
Extension without change of a currently approved collection.
2 The Title of the Form/Collection:
Form CSO005, Preliminary Background Check Form.
3 The agency form number, if any, and the applicable component of the Department sponsoring the collection:
Form number: Form CSO005.
Component: U.S. Marshals Service, U.S. Department of Justice.
4 Affected public who will be asked or required to respond, as well as a brief abstract:
Primary: Court Security Officers/
Special Security Officer CSO/SSO
Applicants.
Other: None.
Abstract: The CSO005 Preliminary Background Check Form is used to
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