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Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices is authorized under 21 U.S.C. 952a2.
Authorization will not extend to the import of Food and Drug Administration-approved or nonapproved finished dosage forms for commercial sale.
William T. McDermott, Assistant Administrator.
FR Doc. 202114210 Filed 7121; 8:45 am BILLING CODE 441009P

DEPARTMENT OF JUSTICE
Drug Enforcement Administration Docket No. 1922

Keith A. Jenkins, N.P.; Decision and Order On February 19, 2020, the Drug Enforcement Administration hereinafter, DEA or Government Administrative Law Judge Mark M.
Dowd hereinafter, ALJ, issued a Recommended Rulings, Findings of Fact, Conclusions of Law, and Decision hereinafter, RD on the action to revoke the DEA Certificate of Registration Numbers MJ3401609 and MJ4509331 of Keith A. Jenkins, N.P. The ALJ
transmitted the record to me on March 10, 2020. Having reviewed and considered the entire administrative record before me, I adopt the ALJs RD
with modifications, where noted herein.A
Order Pursuant to 28 CFR 0.100b and the authority vested in me by 21 U.S.C.
824a, I hereby dismiss the Order to Show Cause issued to Keith A. Jenkins, N.P. I further order that any pending applications for renewal of DEA
Certificates of Registration MJ3401609
and MJ4509331 be granted. This Order is effective immediately.
D. Christopher Evans, Acting Administrator.

Paul Soeffing, Esq., for the Government Robert W. Liles, Esq. and Meaghan K.
McCormick, Esq., for the Respondent
lotter on DSK11XQN23PROD with NOTICES1

Recommended Rulings, Findings of Fact, Conclusions of Law, and Decision of the Administrative Law Judge The Assistant Administrator, Diversion Control Division, Drug Enforcement Administration DEA, A I have made minor, nonsubstantive, grammatical changes to the RD. Where I have made any substantive changes, omitted language for brevity or relevance, or where I have added to or modified the ALJs opinion, I have bracketed the modified language and explained the edit in a footnote marked with an asterisk and a letter in alphabetical order.

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issued an Order to Show Cause OSC,1
dated April 23, 2019, seeking to revoke the Respondents Certificates of Registration COR, numbers MJ3401609 and MJ4509331, pursuant to 21 U.S.C. 824a5, and deny any applications for renewal or modification of such registration and any applications for any other DEA
registrations pursuant to 21 U.S.C.
824a5, because the Respondent has been excluded from participation in a program pursuant to section 1320a7a of Title 42. OSC, at 1. The Respondent requested a hearing on May 16, 2019,2
and prehearing proceedings were initiated.3 A hearing was conducted in this matter on November 20, 2019, at the DEA Hearing Facility in Arlington, Virginia.
The issue ultimately to be adjudicated by the Acting Administrator, with the assistance of this recommended decision, is whether the record as a whole establishes by a preponderance of the evidence that the Respondents subject registration with the DEA should be revoked pursuant to 21 U.S.C.
824a5.
After carefully considering the testimony elicited at the hearing, the admitted exhibits, the arguments of counsel, and the record as a whole, I
have set forth my recommended findings of fact and conclusions of law below.
The Allegations In the OSC, the Government contends that the DEA should revoke the Respondents DEA COR because he has been excluded from participation in a program pursuant to section 1320a7a of Title 42.
Specifically, the Government alleges the following:
1. Respondent is registered with the DEA as an MLP-nurse practitioner in Schedules II through V under DEA
Certificate of Registration MJ3401609, at 105 Vanner Rd., Mt. Juliet, TN 37122.
Respondent is also registered with the DEA under DEA Certificate of Registration MJ4509331, at 3909
Woodley Rd., Toledo, OH 43606, with a mailing address of 105 Vanner Rd., Mt.
Juliet, TN 37122. Respondents registrations both expire by their terms on December 31, 2020. Id. Prior to the current action, Respondents DEA
Certificates of Registration have not been the subject of disciplinary or other adverse action by the DEA.
2. On August 7, 2017, Respondent entered an Alford Plea of Guilty to a
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Felony to the offense of False Statement to Medicaid. On August 1l, 2017, the Circuit Court of Fairfax County, Virginia entered its sentencing Order for Respondents offense of False Statement for Payment F in violation of Va. Code Section 32.1314F FRD
3337F9. See Commonwealth of Virginia v. Keith Allen Jenkins, No. FE2017
0000711 Fairfax Cty. Cir. Ct..
3. Based on Respondents conviction, the U.S. Department of Health and Human Services, Office of Inspector General HHS/OIG, by letter dated February 28, 2018, mandatorily excluded Respondent from participation in Medicare, Medicaid and all federal health care programs for a minimum period of five years pursuant to 42
U.S.C. 1320a7a, effective March 20, 2018. Notwithstanding the fact that the underlying conduct for which the Respondent was convicted had no nexus to controlled substances, the Respondents mandatory exclusion from Medicare, Medicaid, and all federal health care programs by HHS/OIG
warrants revocation of the Respondents registration pursuant to 21 U.S.C.
824a5. See, e.g., Richard Hauser, M.D., 83 FR 26308 2018.
The Hearing Governments Opening Statement The Government outlined its case in its Opening Statement. The Government seeks the revocation of the Respondents registrations pursuant to 21 U.S.C.
824a5, as the Respondent has been excluded from a program pursuant to 1320a7a of Title 2. Tr. 12. The Government explained that in 2017, the Respondent entered an Alford plea of guilty, to the felony offense of false statement to Medicaid, in the Circuit Court of Fairfax County, Virginia. On the basis of that conviction, in 2018, the Department of Health and Human Resources, Office of Inspector General mandatorily excluded the Respondent from participation in Medicare, Medicaid and all federal health care programs pursuant to 42 U.S.C. 1320a7a. The Respondents exclusion remains in effect. Id.
Respondents Opening Statement In his Opening Statement, the Respondent noted he has stipulated to all of the operative facts of the case. Id.
at 13. The Respondent conceded he was convicted as charged, he was excluded from participation from Medicare, Medicaid and all federal health benefit programs, as alleged. Acknowledging the evidentiary burden shift to him, upon the prima facie showing of these facts, the Respondent argued that his
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