49508 Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Notices 

misrepresentation, fraud, forgery, 

deception, or subterfuge.’’ La. Rev. Stat. 

Ann. § 40:971.2 (2008) (effective Aug. 

15, 2005). It is also unlawful for a 

physician to ‘‘prescribe * * * legally 

controlled substances beyond his 

respective prescribing authority or for a 

purpose other than accepted medical 

treatment of disease, condition, or 

illness. Id., at § 40:971(C)(1) (2008) 

(effective Sept. 9, 1988). 

As found above, on four occasions, 

Applicant prescribed drugs containing 

hydrocodone (including Lortab and/or 

Lorcet), which are schedule III 

narcotics; Xanax, a schedule IV 

controlled substance; and Phenergan 

with codeine, a schedule V narcotic 

cough syrup, to Louisiana State 

Troopers acting in undercover 

capacities. See DI Aff., at 2. Notably, 

Applicant issued these prescriptions 

without conducting a physical 

examination at any of the visits and the 

undercover agents received these 

prescriptions even though they did not 

demonstrate the conditions or 

symptoms that would justify the 

prescriptions. Id. 

Moreover, both undercover agents 

initially denied they were in pain, but 

Applicant assisted the agents in 

obtaining controlled substances by 

encouraging them to make false 

statements. See id. For example, while 

he denied being in pain, UC1 asked 

Applicant for ‘‘[h]ydrocodone pain 

pills,’’ and then ‘‘negotiate[ed]’’ with 

Applicant to ‘‘falsely state’’ he had a 

sexually transmitted disease. Id. 

Likewise, Applicant also ‘‘coached’’ the 

second undercover agent on what to say 

to ‘‘justify issuing the prescriptions and 

wrote her coached statements in a 

medical file.’’ Id. Therefore, I conclude 

that Applicant failed to establish a 

physician-patient relationship, lacked a 

legitimate medical purpose, and acted 

outside of the usual course of 

professional practice in prescribing 

controlled substances to the undercover 

agents and thus violated Federal law. 

See 21 CFR 1306.04(a); 21 U.S.C. 

841(a)(1); see also Louisiana v. Moody, 

393 So. 2d 1212, 1215 (La. 1981) 

(holding that physician furnished 

prescriptions for ‘‘other than a 

legitimate medical purpose’’ based on 

evidence showing that prescriptions 

were issued in response to specific 

requests of patients and physician did 

not conduct physical examinations or 

take medical histories). 

I therefore hold that granting 

Applicant’s application for a new 

registration ‘‘would be inconsistent with 

the public interest.’’ 21 U.S.C. 823(f). 

Accordingly, I will order that 

Applicant’s pending application be 

denied. 

Order 

Pursuant to the authority vested in me 

by 21 U.S.C. 823(f) and 28 CFR 0.100(b), 

I order that the application of Jose 

Gonzalo Zavaleta, M.D., for a DEA 

Certificate of Registration as a 

practitioner be, and it hereby is, denied. 

This order is effective September 9, 

2011. 

Dated: July 27, 2011. 

Michele M. Leonhart, 

Administrator. 

[FR Doc. 2011–20284 Filed 8–9–11; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF LABOR 

Office of Disability Employment 

Program 

‘‘Add Us In’’ Initiative 

AGENCY: Office of Disability 

Employment Policy, Department of 

Labor. 

ACTION: Correction to the Funding 

Opportunity Number and Closing Date. 

SUMMARY: The Office of Disability 

Employment Policy, Department of 

Labor is correcting the New Notice of 

Availability of Funds and Solicitation 

for Grant Applications (SGA) for 

Cooperative Agreements published in 

the Federal Register on August 4, 2011 

at 76 FR 150. Specifically, we are 

correcting the Funding Opportunity 

Number to SGA 11–05 and the Closing 

Date for receipt of applications to 

September 2, 2011. The full Solicitation 

for Grant Applications is posted on 

http://www.grants.gov under U.S. 

Department of Labor/ODEP. If you need 

to speak to a person concerning these 

grants, you may telephone Cassandra 

Mitchell at 202–693–4570 (not a tollfree number). 

Signed in Washington, DC, this 4th day of 

August 2011. 

Cassandra R. Mitchell, 

Grant Officer. 

[FR Doc. 2011–20211 Filed 8–9–11; 8:45 am] 

BILLING CODE 4510–FT–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[Notice 11–073] 

NASA Advisory Council; Science 

Committee; Earth Science 

Subcommittee; Meeting 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Notice of meeting. 

SUMMARY: In accordance with the 

Federal Advisory Committee Act, Public 

Law 92–463, as amended, the National 

Aeronautics and Space Administration 

(NASA) announces a meeting of the 

Earth Science Subcommittee of the 

NASA Advisory Council (NAC). This 

Subcommittee reports to the Science 

Committee of the NAC. The Meeting 

will be held for the purpose of soliciting 

from the scientific community and other 

persons scientific and technical 

information relevant to program 

planning. 

DATES: Wednesday, August 31, 1 p.m. to 

3 p.m. E.D.T. 

ADDRESSES: This meeting will take place 

telephonically. Any interested person 

may call the USA toll free conference 

call number 888–603–9610, pass code 

ESS, to participate in this meeting by 

telephone. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Marian Norris, Science Mission 

Directorate, NASA Headquarters, 

Washington, DC 20546, (202) 358–4452, 

fax (202) 358–4118, or 

mnorris@nasa.gov. 

SUPPLEMENTARY INFORMATION: The 

meeting will be open to the public up 

to the capacity of the room. The agenda 

for the meeting includes the following 

topics: 

—Government Performance and Results 

Act Review 

It is imperative that the meeting be 

held on these dates to accommodate the 

scheduling priorities of the key 

participants. 

August 5, 2011. 

Susan M. Burch, 

Acting Director, Advisory Committee 

Management Division, National Aeronautics 

and Space Administration. 

[FR Doc. 2011–20275 Filed 8–9–11; 8:45 am] 

BILLING CODE 7510–13–P 


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