Federal Register / Vol. 87, No. 69 / Monday, April 11, 2022 / Notices 21217 

5As previously discussed, Respondent is only 

authorized to dispense controlled substances in 

schedule VI in Massachusetts. See supra. According 

to the Massachusetts Controlled Substances Act, 

schedules I through V incorporate the five 

schedules of controlled substances under the CSA, 

with schedule VI consisting of ‘‘all prescription 

drugs not included in the first five schedules.’’ 

Mass. Gen. Laws ch. 94C, § 2(a) (Westlaw, current 

through Chapter 14 of the 2022 2nd Annual 

Session). As such, Respondent does not have state 

authority to dispense CSA controlled substances in 

Massachusetts. 

1The Request for Hearing was filed on January 6, 

2022. Order Directing the Filing of Government 

Evidence Regarding Its Lack of State Authority 

Allegation and Briefing Schedule dated January 10, 

2022, at 1. I find that the Government’s service of 

the OSC was adequate and that the Request for 

Hearing was timely filed on January 6, 2022. 

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. 

According to the Massachusetts 

Controlled Substances Act, ‘‘every 

person who . . . dispenses . . . any 

controlled substance within the 

commonwealth shall . . . register with 

the commissioner of public health, in 

accordance with his regulations.’’ Mass. 

Gen. Laws ch. 94C, § 7(a) (Westlaw, 

current through Chapter 14 of the 2022 

2nd Annual Session). Further, ‘‘[a] 

prescription for a controlled substance 

may be issued only by a practitioner 

who is (1) authorized to prescribe 

controlled substances; and (2) registered 

pursuant to the provisions of [the 

Massachusetts Controlled Substances 

Act].’’ Id. at § 18(a). 

Here, the undisputed evidence in the 

record is that Respondent is not 

authorized to dispense controlled 

substances in schedules II through V in 

Massachusetts.5 Further, I agree with 

the ALJ that it is of no consequence that 

Respondent’s Massachusetts controlled 

substances registration for drug 

schedules II through V was voluntarily 

surrendered rather than revoked or 

suspended. Thus, because Respondent 

is not authorized to prescribe controlled 

substances in schedules II through V in 

Massachusetts, Respondent is not 

eligible to maintain a DEA registration. 

Accordingly, I will order that 

Respondent’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. MR0956586 issued 

to Adam T. Rodman, P.A. 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 Adam T. Rodman, P.A. to 

renew or modify this registration, as 

well as any other pending application of 

Adam T. Rodman, P.A. for additional 

registration in Massachusetts. This 

Order is effective May 11, 2022. 

Anne Milgram, 

Administrator. 

[FR Doc. 2022–07726 Filed 4–8–22; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[Docket No. 22–12] 

Lezlie McKenzie, N.P.; Decision and 

Order 

On December 10, 2021, a former 

Acting Assistant Administrator, 

Diversion Control Division, Drug 

Enforcement Administration 

(hereinafter, DEA or Government), 

issued an Order to Show Cause 

(hereinafter, OSC) to Lezlie McKenzie, 

N.P. (hereinafter, Respondent) of 

Missoula, Montana. OSC, at 1. The OSC 

proposed the revocation of 

Respondent’s Certificate of Registration 

Number MM0938261 (hereinafter, 

registration or COR). Id. It alleged that 

Respondent ‘‘[is] currently without 

authority to handle controlled 

substances in Montana, the state in 

which [she is] registered with DEA.’’ Id. 

at 2 (citing 21 U.S.C. 824(a)(3)). 

Specifically, the OSC alleged that on 

July 26, 2021, the Montana Board of 

Nursing entered a Final Order that 

outlined ‘‘conditions [Respondent was] 

required to meet in order to maintain 

[her] Montana nursing license.’’ Id. The 

OSC further alleged that on October 26, 

2021, the Montana Board of Nursing 

‘‘indefinitely suspended [Respondent’s] 

Montana nursing licenses for failure to 

abide by the terms’’ of the July 26, 2021 

Order. Id. 

The OSC notified Respondent 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 

Respondent of the opportunity to 

submit a corrective action plan. Id. at 3 

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

By letter dated January 6, 2022, 

Respondent timely requested a hearing.1

Request for Hearing, at 1. In her Request 

for Hearing, Respondent stated that she 

‘‘wish[es] to not relinquish any rights in 

regards to this matter and intend[s] to 

comply fully with any regulations of the 

DEA.’’ Id. 

The Office of Administrative Law 

Judges put the matter on the docket and 

assigned it to Chief Administrative Law 

Judge John J. Mulrooney II (hereinafter, 

the Chief ALJ). On January 10, 2022, the 

Chief ALJ issued an Order Directing the 

Filing of Government Evidence 

Regarding Its Lack of State Authority 

Allegation and Briefing Schedule 

(hereinafter, Briefing Schedule). On 

January 24, 2022, the Government 

timely filed its Submission of Evidence 

and Motion for Summary Disposition 

(hereinafter, Government’s Motion). In 

its Motion, the Government argued that 

because Respondent lacks authority to 

handle controlled substances in 

Montana, the state in which she is 

registered with the DEA, her DEA 

registration should be revoked. 

Government’s Motion, at 2–5. 

Respondent did not file any answer to 

the Government’s Motion. Order 

Granting the Government’s Motion for 

Summary Disposition, and 

Recommended Rulings, Findings of 

Fact, Conclusions of Law, and Decision 

of the Administrative Law Judge dated 

February 8, 2022 (hereinafter, 

Recommended Decision or RD), at 2. 

On February 8, 2022, the Chief ALJ 

granted the Government’s Motion, 

finding that ‘‘[s]ince the Respondent 

does not have authority as a practitioner 

in Montana, and this fact is not 

challenged by the Respondent, there is 

no other fact of consequence for this 

tribunal to decide in order to determine 

whether or not she is entitled to hold a 

COR.’’ RD, at 5. Accordingly, the Chief 


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21218 Federal Register / Vol. 87, No. 69 / Monday, April 11, 2022 / Notices 

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, 

Respondent may dispute my 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.usdoj.gov. 

3The state’s criteria for labeling drugs as 

‘‘dangerous drugs’’ are similar to the CSA’s criteria 

for labeling drugs as controlled substances. See 

generally id. at § 50–32–201 through § 50–32–233. 

4 ‘‘[A] dangerous drug included in Schedule V 

may not be distributed or dispensed other than for 

a medical purpose.’’ Mont. Code Ann. § 50–32– 

208(3) (West 2015). 

ALJ recommended that Respondent’s 

DEA registration be revoked based on 

Respondent’s lack of state authority to 

handle controlled substances. Id. By 

letter dated March 7, 2022, the Chief 

ALJ certified and transmitted the record 

to me for final Agency action and 

advised that neither party filed 

exceptions. 

I issue this Decision and Order based 

on the entire record before me. 21 CFR 

1301.43(e). I make the following 

findings of fact. 

Findings of Fact 

Respondent’s DEA Registration 

Respondent is the holder of DEA 

registration MM0938261 at the 

registered address of 715A Skyla Ct., 

Missoula, Montana 59801–1480. 

Government’s Motion, Exhibit 

(hereinafter, GX) D (Declaration of 

[Diversion Investigator (DI)]), at 1. 

Pursuant to this DEA registration, 

Respondent is authorized to prescribe 

controlled substances in schedules II 

through V as a mid-level practitioner. 

GX A (Printout of Respondent’s 

registration information from DEA’s 

Registrant Information Consolidated 

System). Respondent’s registration 

expires on January 31, 2024. Id. 

The Status of Respondent’s State 

License 

On July 26, 2021, the Montana Board 

of Nursing (hereinafter, MBN) entered a 

Final Order regarding Respondent’s 

nursing licenses (hereinafter, MBN 

Order or Order). GX B. The Order stated 

that Respondent held licenses in 

Montana as a registered nurse 

(hereinafter, RN) and an advanced 

practice RN (hereinafter, APRN), and 

that Respondent possessed prescriptive 

authority under her APRN license. Id. at 

2. The Order further stated that 

Respondent had engaged in 

unprofessional conduct under Montana 

law, and provided conditions that 

Respondent was required to meet in 

order to maintain her state prescribing 

privileges. Id. 

According to the DI’s declaration, 

DEA learned on October 26, 2021, that 

the MBN had indefinitely suspended 

Respondent’s state nursing licenses ‘‘for 

failure to abide by the terms’’ of the 

conditions set forth in the July 26, 2021 

MBN Order. GX D, at 2. DI represented 

that Respondent’s license remained 

suspended as of January 13, 2022, and 

submitted a printout of the Montana 

Department of Labor and Industry’s 

online licensing verification page 

confirming the suspension of 

Respondent’s APRN license. Id. at 3; GX 

C 

According to online records for 

Montana, of which I take official notice, 

Respondent’s Montana APRN license is 

suspended and expired.2 Montana 

Department of Labor and Industry, 

https://ebizws.mt.gov/PUBLICPORTAL/ 

searchform?mylist=licenses&pk_

vid=d831a8116efb756d16

474448085e834e (last visited date of 

signature of this Order). Accordingly, I 

find that Respondent is not currently 

licensed to dispense controlled 

substances in schedules II through V in 

Montana, the state in which she 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, revoked, or denied 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. 

According to the Montana 

Administrative Code, ‘‘[o]nly an APRN 

granted prescriptive authority by the 

board may prescribe, procure, 

administer, and dispense . . . 

controlled substances pursuant to 

applicable state and federal laws and 

within the APRN’s role and population 

focus.’’ Mont. Admin. R. 24.159.1461 

(2013) (Westlaw, current through Issue 

4 of the 2022 Montana Administrative 

Register). Further, according to the 

Montana Controlled Substances Act, 

‘‘dangerous drug[s]’’ 3 in schedules II 

through IV may only be dispensed with 

a ‘‘prescription by a practitioner.’’ 4

Mont. Code Ann. § 50–32–208 (West 

2015) (Westlaw, current through the 

2021 session of the Montana 

Legislature). A ‘‘practitioner’’ is defined 

as a ‘‘physician, dentist, veterinarian, 

scientific investigator, or other person 

licensed, registered, or otherwise 

permitted to distribute, dispense, or 

conduct research with respect to or to 

administer a dangerous drug in the 

course of professional practice or 

research in this state.’’ Mont. Code Ann. 

§ 50–32–101(24)(a) (West 2013) 

(Westlaw, current through the 2021 

session of the Montana Legislature). 

Here, the undisputed evidence in the 

record is that Respondent is not 

authorized to dispense controlled 

substances in schedules II through V in 

Montana. Thus, because Respondent is 


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Federal Register / Vol. 87, No. 69 / Monday, April 11, 2022 / Notices 21219 

not authorized to prescribe controlled 

substances in schedules II through V in 

Montana, Respondent is not eligible to 

maintain a DEA registration. 

Accordingly, I will order that 

Respondent’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. MM0938261 issued 

to Lezlie McKenzie, N.P. 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 Lezlie McKenzie, N.P., to 

renew or modify this registration, as 

well as any other pending application of 

Lezlie McKenzie, N.P., for additional 

registration in Montana. This Order is 

effective May 11, 2022. 

Anne Milgram, 

Administrator. 

[FR Doc. 2022–07723 Filed 4–8–22; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF LABOR 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; 

International Training Application 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: The Department of Labor 

(DOL) is submitting this Bureau of Labor 

Statistics (BLS)-sponsored information 

collection request (ICR) to the Office of 

Management and Budget (OMB) for 

review and approval in accordance with 

the Paperwork Reduction Act of 1995 

(PRA). Public comments on the ICR are 

invited. 

DATES: The OMB will consider all 

written comments that the agency 

receives on or before May 11, 2022. 

ADDRESSES: 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. 

Comments are invited on: (1) Whether 

the collection of information is 

necessary for the proper performance of 

the functions of the Department, 

including whether the information will 

have practical utility; (2) if the 

information will be processed and used 

in a timely manner; (3) the accuracy of 

the agency’s estimates of the burden and 

cost of the collection of information, 

including the validity of the 

methodology and assumptions used; (4) 

ways to enhance the quality, utility and 

clarity of the information collection; and 

(5) ways to minimize the burden of the 

collection of information on those who 

are to respond, including the use of 

automated collection techniques or 

other forms of information technology. 

FOR FURTHER INFORMATION CONTACT: 

Mara Blumenthal by telephone at 202– 

693–8538, or by email at DOL_PRA_

PUBLIC@dol.gov. 

SUPPLEMENTARY INFORMATION: The BLS 

is given broad authority under Title 29 

of the U.S. Code ‘‘to acquire and diffuse 

among the people of the United States 

useful information on subjects 

connected with labor, in the most 

general and comprehensive sense of that 

word.’’ The BLS has provided 

international training in labor market 

information and price indexes since 

1945. Each year, the BLS conducts 

training programs of 1 to 2 weeks 

duration at its training facilities in 

Washington, DC. This information 

collection request allows the BLS to 

collect the information needed to 

register trainees for the international 

training programs. For additional 

substantive information about this ICR, 

see the related notice published in the 

Federal Register on January 21, 2022 

(87 FR 3355). 

This information collection is subject 

to the PRA. A Federal agency generally 

cannot conduct or sponsor a collection 

of information, and the public is 

generally not required to respond to an 

information collection, unless the OMB 

approves it and displays a currently 

valid OMB Control Number. In addition, 

notwithstanding any other provisions of 

law, no person shall generally be subject 

to penalty for failing to comply with a 

collection of information that does not 

display a valid OMB Control Number. 

See 5 CFR 1320.5(a) and 1320.6. 

DOL 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 DOL notes that 

information collection requirements 

submitted to the OMB for existing ICRs 

receive a month-to-month extension 

while they undergo review. 

Agency: DOL–BLS. 

Title of Collection: International 

Training Application. 

OMB Control Number: 1220–0179. 

Affected Public: Individuals or 

Households. 

Total Estimated Number of 

Respondents: 100. 

Total Estimated Number of 

Responses: 100. 

Total Estimated Annual Time Burden: 

34 hours. 

Total Estimated Annual Other Costs 

Burden: $0. 

(Authority: 44 U.S.C. 3507(a)(1)(D)) 

Dated: April 4, 2022. 

Mara Blumenthal, 

Senior PRA Analyst. 

[FR Doc. 2022–07651 Filed 4–8–22; 8:45 am] 

BILLING CODE 4510–24–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petition for Modification of Application 

of Existing Mandatory Safety 

Standards 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Notice. 

SUMMARY: This notice is a summary of 

a petition for modification submitted to 

the Mine Safety and Health 

Administration (MSHA) by the party 

listed below. 

DATES: All comments on the petition 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before May 11, 2022. 

ADDRESSES: You may submit comments 

identified by Docket No. MSHA–2022– 

0018 by any of the following methods: 

1. Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments 

for MSHA–2022–0018. 

2. Fax: 202–693–9441. 

3. Email: petitioncomments@dol.gov. 

4. Regular Mail or Hand Delivery: 

MSHA, Office of Standards, 

Regulations, and Variances, 201 12th 

Street South, Suite 4E401, Arlington, 

Virginia 22202–5452, 

Attention: S. Aromie Noe, Acting 

Director, Office of Standards, 

Regulations, and Variances. Persons 

delivering documents are required to 

check in at the receptionist’s desk in 

Suite 4E401. Individuals may inspect 

copies of the petition and comments 

during normal business hours at the 

address listed above. Before visiting 

MSHA in person, call 202–693–9455 to 

make an appointment, in keeping with 

the Department of Labor’s COVID–19 

policy. Special health precautions may 

be required. 

FOR FURTHER INFORMATION CONTACT: S. 

Aromie Noe, Office of Standards, 

Regulations, and Variances at 202–693– 

9440 (voice), Petitionsformodification@

dol.gov (email), or 202–693–9441 (fax). 

[These are not toll-free numbers.] 


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