2028 Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Notices 

1Based on the Government’s submissions in its 

RFAA dated June 11, 2024, the Agency finds that 

service of the OSC on Registrant was adequate. The 

included declaration from a DEA Diversion 

Investigator (DI) indicates that on May 6, 2024, 

Registrant was personally served with a copy of the 

OSC. RFAAX 1, at 2; RFAAX D. 

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 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 

dea.addo.attorneys@dea.gov. 

3This 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., 

James L. Hooper, M.D., 76 FR at 71,371–72; Sheran 

Arden Yeats, 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); Frederick Marsh Blanton, M.D., 43 FR at 

27,617. 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Kim Routh, D.O.; Decision and Order 

On May 1, 2024, the Drug 

Enforcement Administration (DEA or 

Government) issued an Order to Show 

Cause (OSC) to Kim Routh, D.O., of 

Grove City, Ohio (Registrant). Request 

for Final Agency Action (RFAA), 

Exhibit (RFAAX) C, at 1, 3. The OSC 

proposed the revocation of Registrant’s 

Certificate of Registration No. 

BR9077000, alleging that Registrant’s 

registration should be revoked because 

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)). 

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. (citing 21 CFR 1301.43). 

Here, Registrant did not request a 

hearing. RFAA, at 2.1 ‘‘A default, unless 

excused, shall be deemed to constitute 

a waiver of the [registrant’s] right to a 

hearing and an admission of the factual 

allegations of the [OSC].’’ 21 CFR 

1301.43(e). 

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), 1301.46. RFAA, at 1; 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 admitted. 

According to the OSC, on February 14, 

2024, the State Medical Board of Ohio 

permanently revoked Registrant’s Ohio 

medical license. RFAAX 2, at 2. 

According to Ohio online records, of 

which the Agency takes official notice, 

Registrant’s Ohio medical license 

remains revoked.2 eLicense Ohio 

Professional Licensure License Lookup, 

https://elicense.ohio.gov/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. 

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).’’). The 

Agency has applied these principles 

consistently. See, e.g., James L. Hooper, 

M.D., 76 FR 71,371, 71,372 (2011), pet. 

for rev. denied, 481 F. App’x 826 (4th 

Cir. 2012); Frederick Marsh Blanton, 

M.D., 43 FR 27,616, 27,617 (1978).3

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 Ann. 

§ 2925.11(A), (B)(1)(d) (West 2024). 

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. § 4729.01(I). 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. 

§ 4729.01(I)(4). Additionally, Ohio law 

permits ‘‘[a] licensed health professional 

authorized to prescribe drugs, if acting 

in the course of 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. 

§ 3719.06(A)(1)(a)–(b). 

Here, the undisputed evidence in the 

record is that Registrant lacks a license 

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 lacks a license 

to practice medicine 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. 


khammond on DSK9W7S144PROD with NOTICES
Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Notices 2029 

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. BR9077000 issued to 

Kim Routh, D.O. 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 Kim Routh, 

D.O., to renew or modify this 

registration, as well as any other 

pending application of Kim Routh, D.O., 

for additional registration in Ohio. This 

Order is effective February 10, 2025. 

Signing Authority 

This document of the Drug 

Enforcement Administration was signed 

on January 3, 2025, 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. 

Heather Achbach, 

Federal Register Liaison Officer, Drug 

Enforcement Administration. 

[FR Doc. 2025–00395 Filed 1–8–25; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

[OMB Number 1122–0006] 

Agency Information Collection 

Activities; Extension of Previously 

Approved eCollection eComments 

Requested; Semiannual Progress 

Report for the Improving Criminal 

Justice Responses to Sexual Assault, 

Domestic Violence, Dating Violence, 

and Stalking Grant Program 

AGENCY: Office on Violence Against 

Women, Department of Justice. 

ACTION: 30-Day notice. 

SUMMARY: The Department of Justice 

(DOJ), Office on Violence Against 

Women, will be submitting the 

following information collection request 

to the Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act of 1995. 

DATES: Comments are encouraged and 

will be accepted for 30 days until 

February 10, 2025. 

FOR FURTHER INFORMATION CONTACT: If 

you have comments especially on the 

estimated public burden or associated 

response time, suggestions, or need a 

copy of the proposed information 

collection instrument with instructions 

or additional information, please 

contact: Catherine Poston, Office on 

Violence Against Women, at 202–514– 

5430 or Catherine.poston@usdoj.gov. 

SUPPLEMENTARY INFORMATION: The 

proposed information collection was 

previously published in the Federal 

Register on November 5, 2024 (89 FR 

87894) allowing a 60-day comment 

period. 

Written comments and suggestions 

from the public and affected agencies 

concerning the proposed collection of 

information are encouraged. Your 

comments should address one or more 

of the following four points: 

—Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

—Evaluate the accuracy of the agency’s 

estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

—Enhance the quality, utility, and 

clarity of the information to be 

collected; and/or 

—Minimize the burden of the collection 

of information on those who are to 

respond, including through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms 

of information technology, e.g., 

permitting electronic submission of 

responses. 

Written comments and 

recommendations for this information 

collection should be submitted within 

30 days of the publication of this notice 

on the following website 

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

30-day Review—Open for Public 

Comments’’ or by using the search 

function and entering either the title of 

the information collection or the OMB 

Control Number 1122–0006. This 

information collection request may be 

viewed at www.reginfo.gov. Follow the 

instructions to view Department of 

Justice, information collections 

currently under review by OMB. 

DOJ seeks PRA authorization for this 

information collection for three (3) 

years. OMB authorization for an ICR 

cannot be for more than three (3) years 

without renewal. The DOJ notes that 

information collection requirements 

submitted to the OMB for existing ICRs 

receive a month-to-month extension 

while they undergo review. 

Overview of This Information 

Collection 

1. Type of Information Collection: 

Extension of a previously approved 

collection. 

2. The Title of the Form/Collection: 

Semiannual Progress Report for the 

Improving Criminal Justice Responses to 

Sexual Assault, Domestic Violence, 

Dating Violence, and Stalking Grant 

Program. 

3. The agency form number, if any, 

and the applicable component of the 

Department sponsoring the collection: 

1122–0006. 

4. Affected public who will be asked 

or required to respond, as well as the 

obligation to respond: The affected 

public includes 200 grantees from the 

ICJR Program which encourages state, 

local, and tribal governments and state, 

local, and tribal courts to treat domestic 

violence, dating violence, sexual 

assault, and stalking as serious 

violations of criminal law requiring the 

coordinated involvement of the entire 

criminal justice system. Eligible 

applicants are states and territories, 

units of local government, Indian tribal 

governments, coalitions, victim service 

providers and state, local, tribal, and 

territorial courts. 

5. An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: It is estimated that it will take 

the approximately 200 respondents 

(ICJR Program grantees) approximately 

one hour to complete a semi-annual 

progress report. The semi-annual 

progress report is divided into sections 

that pertain to the different types of 

activities in which grantees may engage. 

An ICJR Program grantee will only be 

required to complete the sections of the 

form that pertain to its own specific 

activities (victim services, law 

enforcement, training, etc.). 

6. An estimate of the total annual 

burden (in hours) associated with the 

collection: The total annual hour burden 

to complete the data collection forms is 

400 hours, that is 200 grantees 

completing a form twice a year with an 

estimated completion time for the form 

being one hour. 

7. The total annual hour burden to 

complete the data collection forms is 

400 hours, that is 200 grantees 

completing a form twice a year with an 

estimated completion time for the form 

being one hour. 

8 . An estimate of the total annual 

cost burden associated with the 


khammond on DSK9W7S144PROD with NOTICES