Notice2022-13602
Julie Halling, M.D.; Decision and Order
Primary source
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Published
June 27, 2022
Issuing agencies
Justice DepartmentDrug Enforcement Administration
Full Text
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<title>Federal Register, Volume 87 Issue 122 (Monday, June 27, 2022)</title>
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[Federal Register Volume 87, Number 122 (Monday, June 27, 2022)]
[Notices]
[Pages 38183-38184]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13602]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Julie Halling, M.D.; Decision and Order
On November 4, 2021, the Drug Enforcement Administration
(hereinafter, DEA or Government), issued an Order to Show Cause (OSC)
to Julie Halling, M.D. (hereinafter, Registrant). OSC, at 1. The OSC
proposed the revocation of Registrant's Certificate of Registration,
No. BH6450174, at the registered address of 5102 Galley Road, Lot 304C,
Colorado Springs, Colorado. The OSC alleged that Registrant's
registration should be revoked because Registrant is without
``authority to handle controlled substances in the state in which
[Registrant is] registered with the DEA.'' Id. (citing 21 U.S.C.
824(a)(3)).
The Agency makes the following findings of fact based on the
uncontroverted evidence submitted by the Government in a Request for
Final Agency Action (RFAA) on May 16, 2022.\1\
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\1\ Based on the affidavit of a DEA Diversion Investigator that
the Government submitted with the RFAA, the Agency finds that the
Government's attempts to serve Registrant with the OSC were
adequate. RFAA Exhibit B. Further, based on the assertions of the
Government, the Agency finds that more than thirty days have passed
and Registrant has not requested a hearing, submitted a written
statement or corrective action plan and therefore has waived any
such rights. 21 CFR 1301.43(d) and 21 U.S.C. 824(c)(2)(C). RFAA, at
2.
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Findings of Fact
On February 29, 2021, the Colorado Medical Board issued a Final
Board Order that revoked Registrant's license to practice medicine in
the State of Colorado. RFAA Exhibit 2, App.1 (Final Board Order).
According to Colorado's online records, of which the Agency takes
official notice, Registrant's license is still revoked.\2\ Colorado
Professional or Business License Lookup, <a href="https://apps.colorado.gov/dora/licensing/Lookup/LicenseLookup.aspx">https://apps.colorado.gov/dora/licensing/Lookup/LicenseLookup.aspx</a> (last visited date of
signature of this Order). Accordingly, the Agency finds that Registrant
currently is not licensed to engage in the practice of medicine in
Colorado, the state in which Registrant is registered with the DEA.
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\2\ 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, Respondent may dispute the Agency's 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 <a href="/cdn-cgi/l/email-protection#93f7f6f2bdf2f7f7fcbdf2e7e7fce1fdf6eae0d3f7f6f2bde6e0f7fcf9bdf4fce5"><span class="__cf_email__" data-cfemail="355150541b5451515a1b5441415a475b504c46755150541b4046515a5f1b525a43">[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 (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.\3\ 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).
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\3\ 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
71, 371-72; 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.
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According to Colorado statute, ``[e]very person who manufactures,
distributes, or dispenses any controlled substance within this state .
. . shall obtain . . . a registration, issued by the respective
licensing board . . . . For purposes of this section and this article [
], `registration' or `registered' means . . . the licensing of
physicians by the Colorado medical board . . . .'' Colo. Rev. Stat.
Ann. Sec. 18-18-302(1) (West 2019). Here, the undisputed evidence in
the record is that Registrant's Colorado medical license was revoked by
the Colorado Medical Board. Registrant, therefore, is not authorized to
dispense
[[Page 38184]]
controlled substances in Colorado and is not eligible to maintain a DEA
registration. Accordingly, the Agency 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.
BH6450174 issued to Julie Halling, 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 Julie Halling, M.D. to renew or modify
this registration, as well as any other pending application of Julie
Halling, M.D. for additional registration in Colorado. This Order is
effective [insert Date Thirty Days From the Date of Publication in the
Federal Register].
Signing Authority
This document of the Drug Enforcement Administration was signed on
June 16, 2022, by Administrator Anne Milgram. That document with the
original signature and date is maintained by DEA. For administrative
purposes only, and in compliance with requirements of the Office of the
Federal Register, the undersigned DEA Federal Register Liaison Officer
has been authorized to sign and submit the document in electronic
format for publication, as an official document of DEA. This
administrative process in no way alters the legal effect of this
document upon publication in the Federal Register.
Scott Brinks,
Federal Register Liaison Officer, Drug Enforcement Administration.
[FR Doc. 2022-13602 Filed 6-24-22; 8:45 am]
BILLING CODE 4410-09-P
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