Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Notices 52205 

well as any other pending application of 

Humberto A. Florian, for additional 

registration in California. This Order is 

effective October 20, 2021. 

Anne Milgram, 

Administrator. 

[FR Doc. 2021–20246 Filed 9–17–21; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Steven P. French, M.D.; Decision and 

Order 

On February 11, 2021, the Assistant 

Administrator, Diversion Control 

Division, Drug Enforcement 

Administration (hereinafter, 

Government), issued an Order to Show 

Cause (hereinafter, OSC) to Steven P. 

French, M.D. (hereinafter, Registrant) of 

Jackson, Wyoming. OSC, at 1. The OSC 

proposed the revocation of Registrant’s 

Certificate of Registration No. 

FF5659505. Id. It alleged that Registrant 

is ‘‘without authority to handle 

controlled substances in Wyoming, the 

state in which [he is] registered with 

DEA.’’ Id. at 2 (citing 21 U.S.C. 

824(a)(3)). 

Specifically, the OSC alleged that the 

Wyoming Board of Medicine 

(hereinafter, the Board) issued a 

Findings of Fact, Conclusions of Law, 

and Order on April 17, 2020. Id. at 1. 

According to the OSC, the Board 

accepted Registrant’s voluntary 

relinquishment of his Wyoming medical 

license following its finding, inter alia, 

that Registrant was convicted of driving 

under the influence. Id. at 1–2. The 

Board further found that during 

Registrant’s arrest for driving under the 

influence, Wyoming authorities 

‘‘discovered in [Registrant’s] possession 

a prescription bottle of lorazepam 0.5 

mg pills belonging to one of [his] 

patients, but with one pill missing.’’ Id. 

at 2. 

The OSC notified Registrant of the 

right to request a hearing on the 

allegations or to submit a written 

statement, while waiving the right to a 

hearing, the procedures for electing each 

option, and the consequences for failing 

to elect either option. Id. (citing 21 CFR 

1301.43). The OSC also notified 

Registrant of the opportunity to submit 

a corrective action plan. Id. at 3 (citing 

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

Adequacy of Service 

In a Declaration, dated July 21, 2021, 

a Diversion Investigator (hereinafter, the 

DI) assigned to the Cheyenne Resident 

Office of the Denver Field Division, 

stated that on September 21, 2020, prior 

to the issuance of the OSC, he had 

communicated via email with Registrant 

regarding Registrant’s DEA registration. 

Request for Final Agency Action 

(hereinafter, RFAA), Exhibit 

(hereinafter, RFAAX) 3 (DI’s 

Declaration), at 1. The DI stated that the 

following day, ‘‘[Registrant] responded 

to the email [the DI] had sent him and 

indicated that he had moved to Alaska 

and that for any future communications 

[the DI] should contact him via email.’’ 

Id.; see also RFAAX 3, Appendix 

(hereinafter, App.) A (email exchange 

with Registrant). On February 12, 2021, 

the DI sent a copy of the OSC to 

Registrant via email. Id. at 1. The DI 

stated that later that day, Registrant 

‘‘responded to [the] email and indicated 

that he received a copy of the [OSC].’’ 

Id. at 1–2; see also RFAAX 3, App. B 

(email from Registrant). The DI stated 

that, as of July 21, 2021, ‘‘DEA has not 

received any correspondence from 

[Registrant] or any attorney acting on his 

behalf concerning the [OSC].’’ RFAAX 

3, at 2. 

The Government forwarded its RFAA, 

along with the evidentiary record, to me 

on August 10, 2021. In its RFAA, the 

Government represents that 

‘‘[Registrant] has not submitted a timely 

request for a hearing in this matter.’’ 

RFAA, at 1. The Government seeks to 

revoke Registrant’s DEA registration 

because ‘‘[Registrant] lacks authority to 

handle controlled substances in the 

State of Wyoming, the state where he is 

registered with DEA.’’ Id. 

Based on the DI’s Declaration, the 

Government’s written representations, 

and my review of the record, I find that 

the Government accomplished service 

of the OSC on Registrant on February 

12, 2021. I also find that more than 

thirty days have now passed since the 

Government accomplished service of 

the OSC. Further, based on the DI’s 

Declaration and the Government’s 

written representations, I find that 

neither Registrant, nor anyone 

purporting to represent the Registrant, 

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 the right 

to a hearing and the 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. 

FF5659505 at the registered address of 

6605 N Snake River Woods Dr., Jackson, 

WY 83001. RFAAX 1 (Certificate of 

Registration). 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 

September 30, 2021. Id. 

The Status of Registrant’s State License 

On January 16, 2020, Registrant 

submitted a letter to the Board 

informing it that he was voluntarily 

relinquishing his Wyoming medical 

license. RFAAX 3, App. C, at 19. On 

March 19, 2020, a member of the Board 

petitioned the Board to accept 

Registrant’s voluntary relinquishment of 

his Wyoming Physician License. Id. at 

13. On April 17, 2020, the Board issued 

its Findings of Fact, Conclusions of 

Law, and Order Accepting Voluntary 

Relinquishment of the Wyoming 

Physician License of Steven P. French, 

M.D., Wyoming Physician License No. 

3068A (hereinafter, Board Order). Id. at 

1. 

According to the Board Order, in 

September 2018, Registrant’s clinical 

privileges were permanently revoked by 

Crook County Medical Services District 

in Sundance, Wyoming based upon an 

incident in August 2018 where 

Registrant was allegedly intoxicated and 

exhibited ‘‘disruptive, abusive, and 

threatening behavior’’ at the hospital 

while he was off-duty. Id. at 3. When 

the Wyoming Medicine Board opened a 

complaint on the matter, Registrant 

denied any inappropriate behavior and 

‘‘asserted that he had unilaterally 

resigned his clinical privileges as 

opposed to them being revoked.’’ Id. On 

July 2, 2019, while the first complaint 

was still pending, Registrant applied to 

renew his Wyoming medical license and 

indicated on his application that he 

‘‘was convicted of driving under the 

influence on November 26, 2018, related 

to an arrest incident that occurred on 

July 12, 2018.’’ Id. 

The Board opened an additional 

complaint concerning the arrest 

incident. Id. The Board Order states that 

Registrant was arrested for a DUI at a gas 

station, and ‘‘[d]uring the arrest, sheriff 

deputies also located a prescription 

bottle of [l]orazepam 0.5 mg for 30 pills, 

of which one pill was missing.’’ Id. at 

4. Further, ‘‘[t]he label indicated the 

prescription was written by [Registrant] 

for one of his patients’’ and ‘‘[i]t was 

determined that the prescription was 

52206 Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Notices 

1Under 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 of 

finding 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.usdoj.gov. 

2See supra n.1 regarding official notice. 

3Furthermore, Wyoming law requires ‘‘[e]very 

person who . . . dispenses any controlled 

substance within this state . . . [to] obtain every 

two (2) years, on or before July 1, a registration 

issued by the board in accordance with its rules.’’ 

Wyo. Stat. Ann. § 35–7–1024(a) (West, current 

through Chs. 1 to 169 of the 2021 Regular Session 

of the Wyoming Legislature). As found above, 

Registrant’s Wyoming controlled substances 

registration is not active. 

filled in Sundance, Wyoming, on the 

same day [Registrant] was arrested.’’ Id. 

The Board Order states that according to 

the sheriff’s report, Registrant refused 

intoximeter breath testing for alcohol, 

the sheriff deputies obtained a search 

warrant, and Registrant’s blood was 

drawn that evening indicating that 

Registrant had an ethyl alcohol 

concentration of 0.190. Id. Further 

investigation by the Board found that 

Registrant had three additional DUI 

convictions from 2008, 2012, and 2018. 

Id. 

The Board ordered a Clinical 

Professional Fitness to Practice 

Evaluation of Registrant on September 

26, 2019, and Registrant was evaluated 

the week of November 4–7, 2019. Id. at 

5. The evaluation recommended that 

Registrant enter into a residential 

treatment program for addiction, engage 

in a monitoring contract with the 

Wyoming Professionals Assistance 

Program for the remainder of his career, 

abstain from controlled substances, 

follow up with local outpatient care 

following his treatment program, attend 

addiction recovery support meetings, 

and explore the option of using 

medication with a treating psychiatrist. 

Id. at 6. 

According to the Board Order, on 

December 30, 2019, Registrant agreed to 

voluntarily refrain from the practice of 

medicine until the disciplinary matter 

was resolved. Id. However, Registrant 

‘‘refused and/or failed to comply’’ with 

any of the recommendations from the 

evaluation. Id. Following the letter that 

Registrant submitted on January 16, 

2020, Registrant also emailed the Board 

on February 14, 2020, and wrote that he 

was, ‘‘no longer a member of [the] 

organization thus [the] rules and 

regulations no longer [applied] to 

[him].’’ Id. at 6–7. In lieu of further 

disciplinary proceedings, the Wyoming 

Medicine Board sought to accept 

Registrant’s offer to voluntarily 

relinquish his Wyoming medical 

license. Id. at 7. The Board Order 

accepted Registrant’s voluntary 

relinquishment of his Wyoming medical 

license and thus ordered his authority 

and ability to practice medicine in 

Wyoming to be relinquished. Id. at 11. 

According to Wyoming’s online 

records, of which I take official notice, 

Registrant’s medical license remains 

relinquished and Registrant is not 

authorized in Wyoming to practice 

medicine.1 Wyoming Board of Medicine 

Physician License Search, 

wyomedboard.wyo.gov/physicians/ 

physician-license-look-up (last visited 

date of signature of this Order). Id. 

Further, Wyoming’s online records, of 

which I take official notice, show that 

Registrant’s Wyoming individual 

controlled substance registration is not 

currently active.2 Wyoming State Board 

of Pharmacy Licensing, https://

pharmacyboard.wyo.gov/licensing/ 

controlled-substance-reg (last visited 

date of signature of this Order). 

Accordingly, I find that Registrant is 

not currently licensed to engage in the 

practice of medicine nor to handle 

controlled substances in Wyoming, the 

state in which Registrant 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 71371 

(2011), pet. for rev. denied, 481 F. App’x 

826 (4th Cir. 2012); Frederick Marsh 

Blanton, M.D., 43 FR 27616, 27617 

(1978). 

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 71371–72; 

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. 

Under Wyoming law, ‘‘dispense’’ 

means to deliver a controlled substance 

to an ultimate user or research subject 

by or pursuant to the lawful order of a 

practitioner, including the prescribing, 

administering, packaging, labeling, or 

compounding necessary to prepare the 

substance for that delivery.’’ Wyo. Stat. 

Ann. § 35–7–1002(a)(vii) (West, current 

through Chs. 1 to 169 of the 2021 

Regular Session of the Wyoming 

Legislature). Further, ‘‘practitioner’’ 

means . . . [a] physician . . . or other 

person licensed, registered or otherwise 

permitted to distribute, dispense, 

conduct research with respect to or 

administer a controlled substance in the 

course of professional practice or 

research in this state.’’ Id. at § 35–7– 

1002(a)(xx)(A). Because Registrant is not 

currently licensed as a physician, or 

otherwise licensed, in Wyoming, he is 

not authorized to dispense controlled 

substances in Wyoming.3

Here, the undisputed evidence in the 

record is that Registrant currently does 

not have authority to practice medicine 

nor to handle controlled substances in 

Wyoming. As already discussed, only a 

licensed practitioner is authorized to 

dispense controlled substances in 

Wyoming. Additionally, Registrant is 

not actively registered to dispense 

controlled substances in Wyoming. 

Thus, because Registrant is not 

Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Notices 52207 

currently licensed to practice medicine 

nor to handle controlled substances in 

Wyoming, Registrant is not eligible to 

maintain a DEA registration. 

Accordingly, I 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. FF5659505 issued to 

Steven P. French, 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 Steven P. French to 

renew or modify this registration, as 

well as any other pending application of 

Steven P. French, for additional 

registration in Wyoming. This Order is 

effective October 20, 2021. 

Anne Milgram, 

Administrator. 

[FR Doc. 2021–20245 Filed 9–17–21; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

[OMB Number 1121–0111] 

Agency Information Collection 

Activities: Proposed eCollection 

eComments Requested; Extension of a 

Currently Approved Collection; 

Comments Requested: National Crime 

Victimization Survey (NCVS) 

AGENCY: Office of Justice Programs, 

Department of Justice. 

ACTION: 30-Day notice. 

SUMMARY: The Bureau of Justice 

Statistics, Office of Justice Programs, 

Department of Justice (DOJ), 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. 

The proposed information collection 

was previously published in the Federal 

Register allowing a 60-day comment 

period. Following publication of the 60- 

day notice, the Bureau of Justice 

Statistics received two requests for the 

survey instrument, one communication 

indicating a suggestion for collection of 

data and indications support for the 

continued administration of the survey 

and two communications indicating 

support for the continued 

administration of the survey, which are 

addressed in Supporting Statement A. 

DATES: Comments are encouraged and 

will be accepted for 30 days until 

October 20, 2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have additional 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 

Erika Harrell, Statistician, Bureau of 

Justice Statistics, 810 Seventh Street 

NW, Washington, DC 20531 (email: 

Erika.Harrell@usdoj.gov; telephone: 

202–307–0758). 

SUPPLEMENTARY INFORMATION: Written 

comments and recommendations for the 

proposed information collection should 

be sent within 30 days of publication of 

this notice to 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. 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 Bureau of Justice 

Statistics, 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; 

—Evaluate whether and if so how the 

quality, utility, and clarity of the 

information to be collected can be 

enhanced; and 

—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. 

Overview of This Information 

Collection 

(1) Type of Information Collection: 

Extension of a currently approved 

collection. 

(2) The Title of the Form/Collection: 

National Crime Victimization Survey. 

(3) The agency form number, if any, 

and the applicable component of the 

Department sponsoring the collection: 

The form numbers for the questionnaire 

are NCVS–1 and NCVS–2. The 

applicable component within the 

Department of Justice is the Bureau of 

Justice Statistics, in the Office of Justice 

Programs. 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: 

The National Crime Victimization 

Survey (NCVS) is administered to 

persons 12 years or older living in 

sampled households located throughout 

the United States. The NCVS collects, 

analyzes, publishes, and disseminates 

statistics on the criminal victimization 

in the U.S. BJS plans to publish 

information from the NCVS in reports 

and reference it when responding to 

queries from the U.S. Congress, 

Executive Office of the President, the 

U.S. Supreme Court, state officials, 

international organizations, researchers, 

students, the media, and others 

interested in criminal justice statistics. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: The estimated annual number 

of respondents is 124,663. It will take 

the average interviewed respondent an 

estimated 25 minutes to respond; the 

average non-interviewed respondent an 

estimated 7 minutes to respond; the 

average follow-up interview is estimated 

at 15 minutes, and the average followup for a non-interview is estimated at 1 

minute. 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: There are an estimated 

117,545 annual burden hours associated 

with this collection. 

If additional information is required 

contact: Melody Braswell, Department 

Clearance Officer, United States 

Department of Justice, Justice 

Management Division, Policy and 

Planning Staff, Two Constitution 

Square, 145 N Street NE, 3E.405A, 

Washington, DC 20530. 

Dated: September 15, 2021. 

Melody Braswell, 

Department Clearance Officer for PRA, U.S. 

Department of Justice. 

[FR Doc. 2021–20261 Filed 9–17–21; 8:45 am] 

BILLING CODE 4410–18–P 

DEPARTMENT OF JUSTICE 

[OMB Number 1121–0065] 

Agency Information Collection 

Activities; Proposed eCollection 

eComments Requested; Extension of a 

Currently Approved Collection: 

National Corrections Reporting 

Program 

AGENCY: Office of Justice Programs, 

Department of Justice. 

ACTION: 30-Day notice. 

SUMMARY: The Department of Justice 

(DOJ), Office of Justice Programs, 

Bureau of Justice Statistics, will be 

submitting the following information