Notice2022-07686
Douglas A. Blose, M.D.; Decision and Order
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Published
April 11, 2022
Issuing agencies
Justice DepartmentDrug Enforcement Administration
Full Text
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<title>Federal Register, Volume 87 Issue 69 (Monday, April 11, 2022)</title>
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[Federal Register Volume 87, Number 69 (Monday, April 11, 2022)]
[Notices]
[Pages 21174-21175]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07686]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Douglas A. Blose, M.D.; Decision and Order
On September 28, 2021, a former Acting Assistant Administrator,
Diversion Control Division, Drug Enforcement Administration
(hereinafter, Government), issued an Order to Show Cause (hereinafter,
OSC) to Douglas A. Blose, M.D. (hereinafter, Registrant) of Downey,
California. OSC, at 1 and 3. The OSC proposed the revocation of
Registrant's Certificate of Registration No. AB2619510. Id. at 1. It
alleged that Registrant ``[does not] have authority to dispense or
prescribe controlled substances in the State of California, the state
in which [he is] registered with the DEA.'' Id. (citing 21 U.S.C.
824(a)(3)).
Specifically, the OSC alleged that on or about March 9, 2020,
Registrant executed a Stipulated Surrender of License and Disciplinary
Order, pursuant to which he surrendered his California medical license.
Id. at 2. According to the OSC, Registrant's surrender was accepted by
the Medical Board of California on or about March 30, 2020, and took
effect on April 29, 2020. Id.
The OSC notified Registrant 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 2-3 (citing 21
CFR 1301.43). The OSC also notified Registrant of the opportunity to
submit a corrective action plan. Id. at 3 (citing 21 U.S.C.
824(c)(2)(C)).
Adequacy of Service
In a Declaration dated January 3, 2022, a Diversion Investigator
(hereinafter, DI) assigned to the Los Angeles Field Division stated
that on or about September 29, 2021, she sent a copy of the OSC by
certified mail to Registrant's registered address. Request for Final
Agency Action (hereinafter, RFAA), Exhibit (hereinafter, RFAAX) B (DI's
Declaration), at 1-3. The DI stated that according to USPS tracking
information, the copy of the OSC was delivered on or about October 1,
2021. Id. at 2. The DI also stated that on or about October 21, 2021,
she mailed a copy of the OSC to Registrant's residential address as
reflected on his California driver's license. Id. The DI stated that
according to USPS tracking information, the second copy of the OSC was
delivered on or about October 23, 2021. Id. The DI concluded that
neither copy of the OSC was returned as undeliverable and that she has
not received any communications from Registrant or anyone acting on
Registrant's behalf regarding the OSC. Id.
The Government forwarded its RFAA, along with the evidentiary
record, to this office on January 26, 2022. In its RFAA, the Government
represents that more than thirty days have passed since Registrant was
served with the OSC and Registrant has not requested a hearing nor
otherwise corresponded with DEA regarding the OSC. RFAA, at 2. The
Government requests that Registrant's DEA registration be revoked based
on his lack of authority to handle controlled substances in California,
the state in which he is registered with the DEA. Id. at 6.
Based on the DI's Declaration, the Government's written
representations, and my review of the record, I find that the
Government accomplished service of the OSC on Registrant on or before
October 23, 2021. I also find that more than thirty days have now
passed since the Government accomplished service of the OSC. Further,
based on the DI's Declaration, the Government's written
representations, and my review of the record, I find that neither
Registrant, nor anyone purporting to represent Registrant, has
requested a hearing, submitted a written statement while waiving
Registrant's right to a hearing, or submitted a corrective action plan.
Accordingly, I find that Registrant has waived his right to a hearing
and his right to submit a written statement or corrective action plan.
21 CFR 1301.43(d) and 21 U.S.C. 824(c)(2)(C). I, therefore, issue this
Decision and Order based on the record submitted by the Government,
which constitutes the entire record before me. 21 CFR 1301.43(e).
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Findings of Fact
Registrant's DEA Registration
Registrant is the holder of DEA Certificate of Registration No.
AB2619510 at the registered address of 11525 Brookshire Avenue, Suite
101, Downey, California 90241. RFAAX B, at 1. Pursuant to this
registration, Registrant is authorized to dispense controlled
substances in schedules II through V as a practitioner. Id.
Registrant's registration expires on July 31, 2022. Id.
The Status of Registrant's State License
On October 4, 2019, the Medical Board of California (hereinafter,
the Board) issued an Accusation against Registrant alleging repeated
negligent acts and failure to maintain adequate and accurate records
throughout his treatment and care of six specific patients. RFAAX B-1,
at 9-15. Further, according to the Accusation, ``on or about September
27, 2019, in a prior disciplinary action . . . [Registrant's] license
was revoked with revocation stayed for five (5) years of probation for
self-prescribing of controlled substances and conviction of crimes
substantially related to qualifications, functions, or duties of a
physician and surgeon.'' Id. at 16. On March 9, 2020, Registrant
entered into a Stipulated Surrender of License and Disciplinary Order
(hereinafter, Stipulated Surrender) in which he admitted the truth of
the allegations in the Accusation and surrendered his California
medical license for the Board's formal acceptance without further
process. Id. at 4-7. The Stipulated Surrender ordered Registrant's
medical license surrendered and was signed by Registrant and his
attorney. Id. at 5-6. On March 30, 2020, the Board adopted the
Stipulated Surrender, effective April 29, 2020. Id. at 1.
According to California's online records, of which I take official
notice, Registrant's medical license is still surrendered.\1\ Medical
Board of California License Verification, <a href="https://www.mbc.ca.gov/License-Verification">https://www.mbc.ca.gov/License-Verification</a> (last visited date of signature of this Order).
Accordingly, I find that Registrant is not licensed to engage in the
practice of medicine in California, the state in which he is registered
with the DEA.
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\1\ Under the Administrative Procedure Act, an agency ``may take
official notice of facts at any stage in a proceeding--even in the
final decision.'' United States Department of Justice, Attorney
General's Manual on the Administrative Procedure Act 80 (1947) (Wm.
W. Gaunt & Sons, Inc., Reprint 1979). Pursuant to 5 U.S.C. 556(e),
``[w]hen 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, Registrant may dispute my finding by filing
a properly supported motion for reconsideration of finding 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 <a href="/cdn-cgi/l/email-protection#e1858480cf8085858ecf8095958e938f849892a1858480cf9492858e8bcf868e97"><span class="__cf_email__" data-cfemail="9ffbfafeb1fefbfbf0b1feebebf0edf1fae6ecdffbfafeb1eaecfbf0f5b1f8f0e9">[email protected]</span></a>.
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Discussion
Pursuant to 21 U.S.C. 824(a)(3), 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 practitioner's registration. See, e.g., James L. Hooper,
M.D., 76 FR 71371 (2011), pet. for rev. denied, 481 F. App'x 826 (4th
Cir. 2012); Frederick Marsh Blanton, M.D., 43 FR 27616, 27617 (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. 802(21). Second, in
setting the requirements for obtaining a practitioner's registration,
Congress directed that ``[t]he 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. 823(f). 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 practitioner's 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 71371-72; Sheran Arden Yeates, M.D., 71 FR 39130, 39131 (2006);
Dominick A. Ricci, M.D., 58 FR 51104, 51105 (1993); Bobby Watts, M.D.,
53 FR 11919, 11920 (1988); Frederick Marsh Blanton, 43 FR at 27617.
According to California statute, ``dispense'' means ``to deliver a
controlled substance to an ultimate user or research subject by or
pursuant to the lawful order of a practitioner, including the
prescribing, furnishing, packaging, labeling, or compounding necessary
to prepare the substance for that delivery.'' Cal. Health & Safety Code
Sec. 11010 (West, current with urgency legislation through Ch. 6 of
2022 Reg.Sess.). Further, a ``practitioner'' means a person ``licensed,
registered, or otherwise permitted, to distribute, dispense, conduct
research with respect to, or administer, a controlled substance in the
course of professional practice or research in this state.'' Id. at
Sec. 11026(c).
Here, the undisputed evidence in the record is that Registrant
currently lacks authority to practice medicine in California. As
discussed above, a physician must be a licensed practitioner to
dispense a controlled substance in California. Thus, because Registrant
lacks authority to practice medicine in California and, therefore, is
not authorized to handle controlled substances in California,
Registrant is not eligible to maintain a DEA registration. Accordingly,
I will order that Registrant's DEA registration be revoked.
Order
Pursuant to 28 CFR 0.100(b) and the authority vested in me by 21
U.S.C. 824(a), I hereby revoke DEA Certificate of Registration No.
AB2619510 issued to Douglas A. Blose, M.D. Further, pursuant to 28 CFR
0.100(b) and the authority vested in me by 21 U.S.C. 823(f), I hereby
deny any pending application of Douglas A. Blose, M.D. to renew or
modify this registration, as well as any other pending application of
Douglas A. Blose, M.D. for additional registration in California. This
Order is effective May 11, 2022.
Anne Milgram,
Administrator.
[FR Doc. 2022-07686 Filed 4-8-22; 8:45 am]
BILLING CODE 4410-09-P
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</html>Indexed from Federal Register on April 11, 2022.
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