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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices Administrative Law Judge Paul E.
Soeffing hereinafter, ALJ. On April 29, 2021, the ALJ issued an Order for Evidence of Lack of State Authority and Directing the Filing of Evidence Regarding the Service of the Order to Show Cause, which directed the parties to brief the Governments allegation that Respondent lacks state authority to handle controlled substances. Order Granting the Governments Motion for Summary Disposition, and Recommended Rulings, Findings of Fact, Conclusions of Law, and Decision of the Administrative Law Judge hereinafter, Recommended Decision or RD, at 2. The Government timely filed its Submission of Evidence and Motion for Summary Disposition hereinafter, Government Motion on May 18, 2021.3 Id.
In its motion, the Government argued that because Respondent lacks authority to handle controlled substances in Florida, the state in which she is registered with the DEA, the DEA must therefore revoke her registration.
Government Motion, at 5. Respondent did not answer the Government Motion.
RD, at 3.
On June 4, 2021, the ALJ issued an Order Directing Compliance after Respondent failed to file her response to the Government Motion by the June 3, 2021 deadline. Order Directing Compliance, at 1. The Order Directing Compliance directed Respondent to file her response by June 11, 2021, and to show good cause for failing to meet the deadline. Id. at 2. Respondent did not answer the Order Directing Compliance.
RD, at 3.
On July 6, 2021, the ALJ granted the Government Motion, finding that the Government had demonstrated that Respondent lacked state authority in the State of Florida and the Respondent has failed to counter the Governments evidence or otherwise dispute the allegation that she lacks state authority. RD, at 5. The ALJ further found that as a matter of law, the facts of this case can only result in one outcome and a hearing is therefore unnecessary to resolve this action. Id.
at 6.
The ALJ recommended that Respondents DEA registration be revoked and that any applications to renew her registration or any applications for any other DEA
registrations in Florida be denied based on her lack of state authority to practice medicine or handle controlled substances in Florida. RD, at 7. By letter dated August 2, 2021, the ALJ certified and transmitted the record to me for final Agency action. In the letter, the
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ALJ advised that neither party filed exceptions.
I issue this Decision and Order based on the entire record before me. 21 CFR
1301.43e. I make the following findings of fact.
Findings of Fact Respondents DEA Registration Respondent is the holder of DEA
Certificate of Registration No.
FT3429227 at the registered address of 12079 Wicklow Ln, Naples, FL 34120.
Government Motion Exhibit hereinafter, GX A Controlled Substance Registration Certificate.
Pursuant to this registration, Respondent is authorized to dispense controlled substances in schedules II
through V as a practitioner. Id.
Respondents registration expires on November 30, 2021. Id.
The Status of Respondents State License On April 14, 2020, the Florida Department of Health issued an Order of Emergency Restriction of License hereinafter, Emergency Restriction that restricted Respondents license to practice medicine in Florida. GX C, at 1.
According to the Emergency Restriction, in December 2019, a nurse at the hospital where Respondent was employed reported that Respondent appeared impaired while at work. Id. at 2. Respondent was asked by the hospital supervisor to provide a breath sample for a breath alcohol test, the result of which was positive for alcohol at a concentration indicating that she was impaired. Id.
On or about December 6, 2019, Respondent self-reported the results of the breath alcohol test to the Professionals Resource Network hereinafter, PRN, the impaired practitioner program for the Florida Board of Medicine that monitors the evaluation, care, and treatment of impaired practitioners licensed by the Florida Department of Health. Id. On or about January 13, 2020, Respondent was evaluated by an expert in addiction medicine at PRNs request. Id.
According to the Emergency Restriction, as of April 14, 2020, Respondent had not undergone the PRN
recommended treatment or engaged in PRN monitoring. Id. at 4.
The Emergency Restriction concluded that Respondents continued unrestricted practice as a medical doctor constitutes an immediate, serious danger to the health, safety or welfare of the citizens of the State of Florida and ordered that her license be restricted
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until a PRN or a PRN-approved evaluator notified the Florida Department of Health that Respondent could safely resume practicing medicine. Id. at 4 and 6. The Emergency Restriction also ordered a proceeding seeking formal discipline of Respondents license. Id. at 6.
On April 24, 2020, the Florida Department of Health filed an Administrative Complaint before the Florida Board of Medicine seeking various potential penalties including permanent revocation or suspension of Respondents license. GX D, at 1214.
On October 26, 2020, the Florida Department of Health and Respondent proposed a Settlement Agreement. Id. at 4 and 11. Under the Settlement Agreement, Respondent would pay an administrative fine, would reimburse the Florida Department of Health for the costs incurred in the case, and Respondents medical license would be suspended until she could demonstrate to the Florida Medicine Board her ability to practice medicine with reasonable skill and safety. Id. at 57.
On April 5, 2021, the Florida Board of Medicine issued a Final Order that approved the Settlement Agreement. Id.
at 12.
According to Floridas online records, of which I take official notice,4
Respondents license is listed as delinquent 5 and Respondent is not authorized to practice medicine in Florida. Florida Department of Health License Verification, https mqainternet.doh.state.fl.us/MQASearch Services/HealthCareProviders last visited date of signature of this Order.
3 On May 7, 2021, the Government filed an Unopposed Motion for Extension of Time. On May 10, 2021, the ALJ issued an Order Granting Governments Unopposed Motion for Extension of Time, extending the Governments due date from May 17, 2021, to May 18, 2021.
4 Under the Administrative Procedure Act, an agency may take official notice of facts at any stage in a proceedingeven in the final decision.
United States Department of Justice, Attorney Generals Manual on the Administrative Procedure Act 80 1947 Wm. W. Gaunt & Sons, Inc., Reprint 1979. Pursuant to 5 U.S.C. 556e, when 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, Respondent may dispute my 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 dea.addo.attorneys@dea.usdoj.gov.
5 Within the Florida Department of Health License Verification database, delinquent means the licensed practitioner who held a clear active or clear inactive license, but failed to renew the license by the expiration date. The licensed practitioner is not authorized to practice in the state of Florida.

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