Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Notices 34877 

1The Show Cause Order also lists a Post Office 

Box in Itta Bena, Mississippi in reference to 

Registrant’s location. 

2Under 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 

within 20 calendar days of the date of this Order. 

Any such motion shall be filed with the Office of 

the Administrator and a copy shall be served on the 

Government. In the event Registrant files a motion, 

the Government shall have 20 calendar days to file 

a response. 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Decision and Order: Kenneth C. Beal, 

Jr., D.D.S. 

On December 22, 2017, the Acting 

Assistant Administrator, Diversion 

Control Division, Drug Enforcement 

Administration (hereinafter, DEA or 

Government), issued an Order to Show 

Cause to Kenneth C. Beal, Jr., D.D.S. 

(hereinafter, Registrant), of Tutwiler, 

Mississippi.1 Order to Show Cause 

(hereinafter, OSC), at 1. The Show 

Cause Order proposes the revocation of 

Registrant’s Certificate of Registration 

on the ground that he has ‘‘no state 

authority to handle controlled 

substances.’’ Id. (citing 21 U.S.C. 

824(a)(3)). 

Regarding jurisdiction, the Show 

Cause Order alleges that Registrant 

holds DEA Certificate of Registration 

No. FB0508993 at the registered address 

of Tallahachie Cty. Correc. Fac. Den. 

Clin., 415 U.S. Hwy. 49 N, Tutwiler, 

Mississippi 38963. OSC, at 1. This 

registration authorizes Registrant to 

dispense controlled substances in 

schedules II through V as a practitioner. 

Id. The Show Cause Order alleges that 

this registration expires on July 31, 

2019. Id. 

The substantive ground for the 

proceeding, as alleged in the Show 

Cause Order, is that Registrant is 

‘‘currently without authority to practice 

dentistry or handle controlled 

substances in the State of Mississippi, 

the state in which . . . [he is] registered 

with the DEA.’’ Id. at 2. Specifically, the 

Show Cause Order alleges that the 

Mississippi State Board of Dental 

Examiners revoked Registrant’s ‘‘license 

to practice dentistry’’ on August 16, 

2017. Id. 

The Show Cause Order notifies 

Registrant of his right to request a 

hearing on the allegations or to submit 

a written statement while waiving his 

right to a hearing, the procedures for 

electing each option, and the 

consequences for failing to elect either 

option. Id. at 2 (citing 21 CFR 1301.43). 

The Show Cause Order also notifies 

Registrant of the opportunity to submit 

a corrective action plan. OSC, at 2–3 

(citing 21 U.S.C. 824(c)(2)(C)). 

Adequacy of Service 

In a Declaration dated March 22, 

2018, a Diversion Investigator 

(hereinafter, DI), who describes himself 

as being assigned to the New Orleans 

Field Division, states that he and 

another DI ‘‘travelled to the residence of 

Registrant . . . to personally serve the 

. . . [OSC on him].’’ Government 

Exhibit (hereinafter, GX) 4 (DI 

Declaration), at 1. The DI also states 

that, ‘‘At approximately 11:30 a.m. on 

January 4, 2018, I personally served 

Registrant with the [OSC].’’ Id. 

In its Request for Final Agency Action 

dated March 27, 2018, the Government 

represents that ‘‘[a]t least 30 days have 

passed since the time the . . . [OSC] 

was served on Registrant . . . [and] 

Registrant has not requested a hearing 

and has not otherwise corresponded or 

communicated with DEA regarding the 

. . . [OSC] served on him, including the 

filing of any written statement in lieu of 

a hearing.’’ Request for Final Agency 

Action (hereinafter, RFAA), at 1. The 

Government requests the issuance of ‘‘a 

Final Order revoking Registrant’s DEA 

registration.’’ Id. at 3. 

Based on the DI’s Declaration, the 

Government’s written representations, 

and my review of the record, I find that 

the Government served the OSC on 

Registrant on January 4, 2018. I also find 

that more than 30 days have now passed 

since the date the Government served 

the OSC. Further, based on the 

Government’s written representations, I 

find that neither Registrant, nor anyone 

purporting to represent him, 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 and 

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). 

Findings of Fact 

Registrant’s DEA Registration 

Registrant is the holder of DEA 

Certificate of Registration No. 

FB0508993 at the registered address of 

Tallahachie Cty. Correc. Fac. Den. Clin., 

415 U.S. Hwy. 49 N, Tutwiler, 

Mississippi 38963. GX 1 (Certification of 

Registration History), 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, 2019. Id. 

The Status of Registrant’s State License 

On August 16, 2017, the Mississippi 

State Board of Dental Examiners 

revoked Registrant’s license to practice 

dentistry, Dental License No. 2459–89. 

RFAA, at 2; GX 3 (Mississippi State 

Board of Dental Examiners certified 

letter to Registrant dated August 16, 

2017), at 2; GX 5 (Mississippi State 

Board of Dental Examiners website 

screen print), at 1. 

According to Mississippi’s online 

records, of which I take official notice, 

Registrant’s license to practice dentistry 

is still revoked.2 Mississippi State Board 

of Dental Examiners website, http://

www.dentalboard.ms.gov (last visited 

July 9, 2018). Mississippi’s online 

records show no State controlled 

substance registration issued to 

Registrant. Id. 

Accordingly, I find that Registrant 

currently is neither licensed to engage 

in the practice of dentistry nor 

registered to dispense controlled 

substances in Mississippi, the State in 

which he is registered with the DEA. 

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 71,371 

(2011), pet. for rev. denied, 481 Fed. 

Appx. 826 (4th Cir. 2012); Frederick 

Marsh Blanton, M.D., 43 FR 27,616, 

27,617 (1978). 

This rule derives from the text of two 

provisions of the CSA. First, Congress 


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34878 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Notices 

3 ‘‘Dispensing’’ a controlled substance includes 

‘‘prescribing’’ and ‘‘administering’’ it. Miss. Code 

Ann. § 41–29–105(j) (West, Westlaw current with 

laws from the 2018 Regular Session). 

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., Hooper, supra, 76 FR at 71,371–72; 

Sheran Arden Yeates, M.D., 71 FR 

39,130, 39,131 (2006); Dominick A. 

Ricci, M.D., 58 FR 51,104, 51,105 (1993); 

Bobby Watts, M.D., 53 FR 11,919, 11,920 

(1988); Blanton, supra, 43 FR at 27,617. 

According to Mississippi statute, 

‘‘Every person who desires to practice 

dentistry . . . in this state must obtain 

a license to do so.’’ Miss. Code Ann. 

§ 73–9–1 (West, Westlaw current with 

laws from the 2018 Regular Session). 

Further, ‘‘[e]very person who . . . 

dispenses any controlled substance 

within this state . . . must obtain a 

registration issued by . . . the State 

Board of Dental Examiners . . . in 

accordance with its rules and the law of 

this state.’’ Miss. Code Ann. § 41–29– 

125(1)(a) (West, Westlaw current with 

laws from the 2018 Regular 

Session).3 See also Miss. Code Ann. 

§ 73–9–53 (West, Westlaw current with 

laws from the 2018 Regular Session) 

(authorizing Mississippi pharmacists to 

fill prescriptions only of ‘‘legally 

licensed and registered dentists of this 

state for any drugs to be used in the 

practice of dentistry’’) and Miss. Admin. 

Code 30–2301:1.35(1) (West, current 

through the Mississippi Administrative 

Rules Listing of Filings, dated May 

2018) (legally licensed and registered 

dentists may write prescriptions for any 

drugs to be used in the practice of 

dentistry). 

Here, the undisputed evidence in the 

record is that Registrant currently lacks 

authority to practice dentistry and 

handle controlled substances in 

Mississippi. As already discussed, only 

a legally licensed and registered dentist 

may dispense a controlled substance or 

any drug to be used in the practice of 

dentistry in Mississippi. Thus, since 

Registrant lacks authority to practice 

dentistry in Mississippi, and is not 

registered in Mississippi to handle 

controlled substances, I will order that 

Registrant’s DEA registration be 

revoked. 

Order 

Pursuant to 28 CFR 0.100(b) and the 

authority thus vested in me by 21 U.S.C. 

824(a), I order that DEA Certificate of 

Registration No. FB0508993 issued to 

Kenneth C. Beal, Jr., D.D.S., be, and it 

hereby is, revoked. This Order is 

effective August 22, 2018. 

Dated: July 9, 2018. 

Uttam Dhillon, 

Acting Administrator. 

[FR Doc. 2018–15743 Filed 7–20–18; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[Docket No. DEA–392] 

Importer of Controlled Substances 

Application: Fresenius Kabi USA, LLC 

ACTION: Notice of application. 

DATES: Registered bulk manufacturers of 

the affected basic classes, and 

applicants therefore, may file written 

comments on or objections to the 

issuance of the proposed registration on 

or before August 22, 2018. Such persons 

may also file a written request for a 

hearing on the application on or before 

August 22, 2018. 

ADDRESSES: Written comments should 

be sent to: Drug Enforcement 

Administration, Attention: DEA Federal 

Register Representative/DRW, 8701 

Morrissette Drive, Springfield, Virginia 

22152. All requests for hearing must be 

sent to: Drug Enforcement 

Administration, Attn: Administrator, 

8701 Morrissette Drive, Springfield, 

Virginia 22152. All request for hearing 

should also be sent to: (1) Drug 

Enforcement Administration, Attn: 

Hearing Clerk/LJ, 8701 Morrissette 

Drive, Springfield, Virginia 22152; and 

(2) Drug Enforcement Administration, 

Attn: DEA Federal Register 

Representative/DRW, 8701 Morrissette 

Drive, Springfield, Virginia 22152. 

SUPPLEMENTARY INFORMATION: 

The Attorney General has delegated 

his authority under the Controlled 

Substances Act to the Administrator of 

the Drug Enforcement Administration 

(DEA), 28 CFR 0.100(b). Authority to 

exercise all necessary functions with 

respect to the promulgation and 

implementation of 21 CFR part 1301, 

incident to the registration of 

manufacturers, distributors, dispensers, 

importers, and exporters of controlled 

substances (other than final orders in 

connection with suspension, denial, or 

revocation of registration) has been 

redelegated to the Assistant 

Administrator of the DEA Diversion 

Control Division (‘‘Assistant 

Administrator’’) pursuant to section 7 of 

28 CFR part 0, appendix to subpart R. 

In accordance with 21 CFR 

1301.34(a), this is notice that on June 

21, 2018, Fresenius Kabi USA, LLC, 

3159 Staley Road, Grand Island, New 

York 14072–2028 applied to be 

registered as an importer of the 

following basic class of controlled 

substance: 

Controlled substance Drug code Schedule 

Remifentanil ............................................................................................................................................................. 9739 II 


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