Jefferson Burroughs, M.D.; Decision and Order

Issuing agencies

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<title>Federal Register, Volume 91 Issue 201 (Tuesday, October 20, 2026)</title>
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[Federal Register Volume 91, Number 201 (Tuesday, October 20, 2026)]
[Notices]
[Pages 66360-66361]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21413]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Jefferson Burroughs, M.D.; Decision and Order

    On March 31, 2026, the Drug Enforcement Administration (DEA or 
Government) issued an Order to Show Cause (OSC) to Jefferson Burroughs, 
M.D., of Cincinnati, Ohio (Registrant). Request for Final Agency Action 
(RFAA), Exhibit (RFAAX) 2, at 1, 3. The OSC proposed the revocation of 
Registrant's Certificate of Registration No. BB2526741, alleging that 
Registrant is ``currently without authority to prescribe, administer, 
dispense, or otherwise handle controlled substances in the State of 
Ohio, the state in which [he is] registered with DEA.'' Id. at 2 
(citing 21 U.S.C. 824(a)(3)).\1\
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    \1\ According to Agency records, Registrant's registration 
expired on July 31, 2026. The fact that a registrant allows his 
registration to expire during the pendency of an OSC does not impact 
the Agency's jurisdiction or prerogative under the Controlled 
Substances Act (CSA) to adjudicate the OSC to finality. Jeffrey D. 
Olsen, M.D., 84 FR 68474, 68476-79 (2019).
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    The OSC notified Registrant of his right to file a written request 
for hearing, and that if he failed to file such a request, he would be 
deemed to have waived his right to a hearing and be in default. Id. at 
2 (citing 21 CFR 1301.43). Here, Registrant did not request a hearing, 
and the Agency finds him to be in default. RFAA, at 2.\2\ ``A default, 
unless excused, shall be deemed to constitute a waiver of the 
registrant's/applicant's right to a hearing and an admission of the 
factual allegations of the [OSC].'' 21 CFR 1301.43(e).
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    \2\ Based on the Government's submissions in its RFAA dated July 
23, 2026, the Agency finds that service of the OSC on Registrant was 
adequate. The included declaration from a DEA Diversion Investigator 
(DI) indicates that on or about April 1, 2026, the DI, accompanied 
by a Financial Investigator, traveled to Registrant's residential 
address, where Registrant's wife accepted a copy of the OSC and 
signed the Form DEA-12 confirming receipt. RFAAX 3, at 2; see also 
id., Attachment B. On or about April 2, 2026, the DI received a call 
from Registrant during which Registrant confirmed receipt of the 
OSC. Id. at 2.
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    Further, ``[i]n the event that a registrant . . . is deemed to be 
in default . . . DEA may then file a request for final agency action 
with the Administrator, along with a record to support its request. In 
such circumstances, the Administrator may enter a default final order 
pursuant to [21 CFR] 1316.67.'' Id. 1301.43(f)(1). Here, the Government 
has requested final agency action based on Registrant's default 
pursuant to 21 CFR 1301.43(c), (f), and 1301.46. RFAA, at 3; see also 
21 CFR 1316.67.

Findings of Fact

    The Agency finds that, in light of Registrant's default, the 
factual allegations in the OSC are deemed admitted. 21 CFR 1301.43(e).
    According to the OSC, on July 1, 2025, Registrant's Ohio medical 
license expired by its own terms. RFAAX 2, at 1. According to Ohio 
online records, of which the Agency takes official notice, Registrant's 
Ohio medical license is expired.\3\ eLicense Ohio Professional 
Licensure License Lookup, <a href="https://elicense.ohio">https://elicense.ohio</a>./oh_verifylicense (last 
visited date of signature of this Order). Accordingly, the Agency finds 
that Registrant is not licensed to practice medicine in Ohio, the state 
in which he is registered with DEA.\4\
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    \3\ 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).
    \4\ 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.'' The material fact here is 
that Registrant, as of the date of this Order, is not licensed to 
practice medicine in Ohio. Accordingly, Registrant may dispute the 
Agency's findings 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 the Office of the 
Administrator, Drug Enforcement Administration, at 
<a href="/cdn-cgi/l/email-protection#f89c9d99d6999c9c97d6998c8c978a969d818bb89c9d99d69f978e"><span class="__cf_email__" data-cfemail="6b0f0e0a450a0f0f04450a1f1f0419050e12182b0f0e0a450c041d">[email&#160;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 21 U.S.C. 823 ``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, 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. Gonzales v. Oregon, 546 U.S. 243, 270 
(2006) (``The Attorney General can register a physician to dispense 
controlled substances `if the applicant is authorized to dispense . . . 
controlled substances under the laws of the State in which he 
practices.' . . . The very definition of a `practitioner' eligible to 
prescribe includes physicians `licensed, registered, or otherwise 
permitted, by the United States or the jurisdiction in which he 
practices' to dispense controlled substances. 802(21).'').\5\ The 
Agency has applied these principles consistently. See, e.g., Craig 
Cohen, DPM, 91 FR 57922 (2026); Thomas Earley, D.D.S., 91 FR 55624 
(2026); Henry-Norbert O. Ndekwe, M.D., 90 FR 15990 (2025).
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    \5\ This rule derives from the text of two provisions of the 
Controlled Substances Act (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(g)(1). Because Congress has clearly mandated that a 
practitioner possess state authority in order to be deemed a 
practitioner under the CSA, 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., Elias Garcia Garcia, P.A., 90 FR 31242 (2025); Jason Weakley, 
R.N., A.P.R.N., 90 FR 10085 (2025); Khursheed Haider, M.D., 90 FR 
21950 (2025).
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    According to Ohio statute, ``[n]o person shall knowingly obtain, 
possess, or use a controlled substance or a controlled substance 
analog,'' except pursuant to a ``prescription issued by a licensed 
health professional authorized to prescribe drugs if the prescription 
was issued for a legitimate medical purpose.'' Ohio Rev. Code 
Sec. Sec.  2925.11(A), (B)(1)(d) (2025). Further, a ```[l]icensed 
health professional authorized to prescribe drugs' or `prescriber' 
means an individual who is authorized by law to prescribe drugs or 
dangerous drugs or drug therapy related devices in the course of the 
individual's professional practice.'' Id. Sec.  4729.01(I) (2026).\6\ 
The Ohio statute further defines an authorized prescriber as ``[a] 
physician authorized under Chapter 4731. of the Revised Code to 
practice medicine and surgery, osteopathic medicine and surgery, or 
podiatric medicine and surgery.'' Id. Sec.  4729.01(I)(5) (2026). 
Additionally, Ohio law permits ``[a] licensed health professional 
authorized to prescribe drugs, if acting in the course of

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professional practice, in accordance with the laws regulating the 
professional's practice'' to prescribe or administer schedule II, III, 
IV, and V controlled substances to patients. Id. Sec.  
3719.06(A)(1)(a)-(b) (2025).
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    \6\ Section 4729.01 of the Ohio Revised Code was updated on 
October 9, 2026, but does not change any of the material parts or 
alter the Agency's decision in this matter.
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    Here, the undisputed evidence in the record is that Registrant 
lacks authority to practice medicine in Ohio. As discussed above, an 
individual must be a licensed health professional authorized to 
prescribe drugs in order to handle controlled substances in Ohio. Thus, 
because Registrant is not a licensed health professional authorized to 
prescribe drugs in Ohio, and, therefore, is not authorized to handle 
controlled substances in Ohio, Registrant 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. 
BB2526741 issued to Jefferson Burroughs, M.D. Further, pursuant to 28 
CFR 0.100(b) and the authority vested in me by 21 U.S.C. 823(g)(1), I 
hereby deny any pending applications of Jefferson Burroughs, M.D., to 
renew or modify this registration, as well as any other pending 
application of Jefferson Burroughs, M.D., for additional registration 
in Ohio. This Order is effective November 19, 2026.

Signing Authority

    This document of the Drug Enforcement Administration was signed on 
October 14, 2026, by DEA Administrator Terrance C. Cole. 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.

Heather Achbach,
Federal Register Liaison Officer, Drug Enforcement Administration.
[FR Doc. 2026-21413 Filed 10-19-26; 8:45 am]
BILLING CODE 4410-09-P


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