38184 Federal Register / Vol. 87, No. 122 / Monday, June 27, 2022 / Notices 

1Respondent made a timely hearing request and 

submitted a Corrective Action Plan (CAP). RFAAX 

4. DEA rejected Respondent’s CAP on or about 

December 21, 2017, RFAAX 5, and a revised CAP 

was rejected on or about January 29, 2018, RFAAX 

6. Respondent waived his right to a hearing, 

RFAAX 7, and proceedings were terminated on 

November 29, 2017, RFAAX 8. 

2Although the language of 21 U.S.C. 824(a) 

discusses suspension and revocation of a 

registration, it may also serve as the basis for the 

denial of a DEA registration application. E.g., 

Crosby Pharmacy and Wellness, 87 FR 21,212, 

21,214 (2022); Robert Wayne Locklear, 86 FR 

33,738. 33,744–45 (2021) (collecting Agency 

decisions). 

controlled substances in Colorado and is 

not eligible to maintain a DEA 

registration. Accordingly, the Agency 

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. BH6450174 issued to 

Julie Halling, 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 

Julie Halling, M.D. to renew or modify 

this registration, as well as any other 

pending application of Julie Halling, 

M.D. for additional registration in 

Colorado. This Order is effective [insert 

Date Thirty Days From the Date of 

Publication in the Federal Register]. 

Signing Authority 

This document of the Drug 

Enforcement Administration was signed 

on June 16, 2022, 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. 

Scott Brinks, 

Federal Register Liaison Officer, Drug 

Enforcement Administration. 

[FR Doc. 2022–13602 Filed 6–24–22; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Kevin J. Dobi, APRN; Decision and 

Order 

On October 4, 2017, the Drug 

Enforcement Administration 

(hereinafter, DEA or Government) 

issued an Order to Show Cause (OSC), 

seeking to deny the March 31, 2017 DEA 

Certificate of Registration application 

filed by Kevin J. Dobi APRN 

(Respondent) for registration in 

Montana. Request for Final Agency 

Action Exhibit (RFAAX) 2. The OSC 

alleged Respondent’s application should 

be denied pursuant to 21 U.S.C. 

824(a)(1) because Respondent materially 

falsified his application. Id. at 1. 

The Agency makes the following 

findings of fact based on the 

uncontroverted evidence submitted by 

the Government in a Request for Final 

Agency Action (RFAA) on May 16, 

2022.1

I. Findings of Fact 

Respondent surrendered for cause a 

Texas state registered nurse license on 

or about October 6, 1997. RFAAX 3, at 

11 (Order of the Board of Nurse 

Examiners for the State of Texas). 

Respondent also surrendered for cause a 

DEA controlled substance registration, 

no. MD1340710, on September 9, 2011. 

RFAAX 1, at 2 (Certification of 

Respondent’s Registration History). 

On March 31, 2017, Respondent filed 

an application seeking a DEA controlled 

substance registration for schedules II– 

V. RFAAX 1, at 3–6 (Respondent’s 

application). On the application, 

Respondent was asked whether he had 

‘‘ever surrendered (for cause) . . . a 

federal controlled substance 

registration.’’ Respondent answered no. 

Id. at 4. Respondent was also asked 

whether he had ‘‘ever surrendered (for 

cause) . . . a state professional license.’’ 

Respondent answered no. Id. The 

Agency finds that Respondent’s answers 

were clearly false because Respondent 

had surrendered a controlled substance 

registration and a state professional 

license for cause. 

II. Discussion 

The Administrator may deny an 

application for registration if the 

applicant materially falsified an 

application. 21 U.S.C. 824(a)(1).2 Here, 

Respondent provided false information 

to two liability questions on his March 

31, 2017 application—falsely 

responding that he had never 

surrendered for cause a state 

professional license or a federal 

controlled substances registration. 

Agency decisions have repeatedly held 

that false responses to the liability 

questions on an application for 

registration are material. E.g., Crosby 

Pharmacy and Wellness, 87 FR 21,214; 

Frank Joseph Stirlacci, M.D., 85 FR 

45,229, 45,234–35 (2020). Accordingly, 

the Agency finds that the Government 

has established grounds to deny 

Respondent’s application. 

III. Sanction 

Where, as here, the Government has 

established grounds to deny an 

application for registration, the burden 

shifts to the respondent to show why he 

can be entrusted with the responsibility 

carried by a registration. Garret Howard 

Smith, M.D., 83 FR 18,882, 18,910 

(2018) (citing Samuel S. Jackson, 72 FR 

23,848, 23,853 (2007)). The issue of trust 

is necessarily a fact-dependent 

determination based on the 

circumstances presented by the 

individual respondent; therefore, the 

Agency looks at factors, such as the 

acceptance of responsibility and the 

credibility of that acceptance as it 

relates to the probability of repeat 

violations or behavior and the nature of 

the misconduct that forms the basis for 

sanction, while also considering the 

Agency’s interest in deterring similar 

acts. See Arvinder Singh, M.D., 81 FR 

8247, 8248 (2016). 

In this matter, Respondent did not 

avail himself of the opportunity to 

refute the Government’s case or 

demonstrate why he can be entrusted 

with a registration. Accordingly, the 

Agency will order the sanctions the 

Government requested, as contained in 

the Order below. 

Order 

Pursuant to 28 CFR 0.100(b) and the 

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

823(f), I hereby deny the pending 

application for a Certification of 

Registration in Montana submitted by 

Kevin J. Dobi, APRN. This Order is 

effective July 27, 2022. 

Signing Authority 

This document of the Drug 

Enforcement Administration was signed 

on June 16, 2022, 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 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 122 / Monday, June 27, 2022 / Notices 38185 

1Based on the two Declarations from DEA 

Diversion Investigators that the Government 

submitted with its RFAA, the Agency finds that the 

Government’s attempts to serve Registrant with the 

OSC were adequate. RFAA, Apps. 1–2. Further, 

based on the Government’s assertions in its RFAA, 

the Agency finds that more than thirty days have 

passed since Registrant was served with the OSC 

and Registrant has neither requested a hearing nor 

submitted a written statement or corrective action 

plan and therefore has waived any such rights. 

RFAA, at 4; see also 21 CFR 1301.43(d) and 21 

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

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 findings 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. 

3This 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 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); Frederick Marsh Blanton, 43 FR 27,617. 

document upon publication in the 

Federal Register. 

Scott Brinks, 

Federal Register Liaison Officer, Drug 

Enforcement Administration. 

[FR Doc. 2022–13626 Filed 6–24–22; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Jonathan Rosenfield, M.D.; Decision 

and Order 

On March 31, 2022, the Drug 

Enforcement Administration 

(hereinafter, DEA or Government), 

issued an Order to Show Cause 

(hereinafter, OSC) to Jonathan 

Rosenfield, M.D. (hereinafter, 

Registrant). OSC, at 1 and 3. The OSC 

proposed the revocation of Registrant’s 

Certificates of Registration Nos. 

FR4795780 and FR5759216 at the 

registered addresses of 393 Georgia 

Avenue SE, Atlanta, Georgia, and 1077 

South Main Street, Madison, Georgia. 

Id. at 1. The OSC alleged that 

Registrant’s registrations should be 

revoked because Registrant is ‘‘without 

authority to handle controlled 

substances in Georgia, the state in 

which [he is] registered with DEA for 

[both] registrations.’’ Id. at 2 (citing 21 

U.S.C. 824(a)(3)). 

The Agency makes the following 

findings of fact based on the 

uncontroverted evidence submitted by 

the Government in its Request for Final 

Agency Action (RFAA) dated May 31, 

2022.1

Findings of Fact 

A DEA Diversion Investigator attested 

that he became aware of the lapse in 

Registrant’s Georgia medical license in 

the course of his official duties and 

confirmed the lapse on the state website 

and also ‘‘through conversations with 

those at the Georgia Composite Medical 

Board.’’ RFAA, App. 2, at 3. According 

to Georgia’s online records, of which the 

Agency takes official notice, Registrant’s 

Georgia medical license expired on 

March 31, 2021, and is currently in a 

‘‘lapsed’’ status.2 Georgia Composite 

Medical Board, https://

gcmb.mylicense.com/verification (last 

visited date of signature of this Order). 

Accordingly, the Agency finds that 

Registrant is not currently licensed to 

engage in the practice of medicine in 

Georgia, 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 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 F. App’x 

826 (4th Cir. 2012); Frederick Marsh 

Blanton, M.D., 43 FR 27,616, 27,617 

(1978).3

According to Georgia statute, 

‘‘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.’’ Ga. Code Ann. § 16–13– 

21(9) (2022). Further, a ‘‘practitioner’’ 

means a ‘‘physician . . . or other person 

licensed, registered, or otherwise 

authorized under the laws of [Georgia] 

to distribute, dispense, conduct research 

with respect to, or administer a 

controlled substance in the course of 

professional practice or research in 

[Georgia].’’ Id. at § 16–13–21(23)(A). 

Because Registrant is not currently 

licensed as a physician, or otherwise 

licensed in Georgia, he is not authorized 

to dispense controlled substances in 

Georgia. Therefore, Registrant is not 

eligible to maintain a DEA registration. 

Accordingly, the Agency 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 Certificates 

of Registration Nos. FR4795780 and 

FR5759216 issued to Jonathan 

Rosenfield, 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 applications of Jonathan 

Rosenfield, M.D. to renew or modify 

these registrations, as well as any other 

pending application of Jonathan 

Rosenfield, M.D. for additional 

registration in Georgia. This Order is 

effective July 27, 2022. 

Signing Authority 

This document of the Drug 

Enforcement Administration was signed 

on June 21, 2022, 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 


jspears on DSK121TN23PROD with NOTICES1