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35338 Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices

Order DEPARTMENT OF JUSTICE ADDRESSES: Written comments should be sent to: Drug Enforcement Pursuant to 28 CFR 0.100(b) and the Drug Enforcement Administration Administration, Attention: DEA Federal authority vested in me by 21 U.S.C. [Docket No. DEA–829] Register Representative/DPW, 8701 824(a), I hereby revoke DEA Certificate Morrissette Drive, Springfield, Virginia of Registration No. FS7068249 issued to Importer of Controlled Substances 22152. All requests for a hearing must Spring Valley Family Pharmacy. Application: United States be sent to: Drug Enforcement Further, pursuant to 28 CFR 0.100(b) Pharmacopeial Convention Administration, Attn: Administrator, and the authority vested in me by 21 8701 Morrissette Drive, Springfield, U.S.C. 823(f), I hereby deny any pending AGENCY: Drug Enforcement Virginia 22152. All requests for a Administration, Justice. application of Spring Valley Family hearing should also be sent to: (1) Drug Pharmacy to renew or modify this ACTION: Notice of application. Enforcement Administration, Attn: registration, as well as any other SUMMARY: United States Pharmacopeial Hearing Clerk/OALJ, 8701 Morrissette pending application of Spring Valley Convention has applied to be registered Drive, Springfield, Virginia 22152; and Family Pharmacy for additional as an importer of basic class(es) of (2) Drug Enforcement Administration, registration in Ohio. This Order is controlled substance(s). Refer to Attn: DEA Federal Register effective August 2, 2021. Supplemental Information listed below Representative/DPW, 8701 Morrissette for further drug information. Drive, Springfield, Virginia 22152. D. Christopher Evans, DATES: Registered bulk manufacturers of SUPPLEMENTARY INFORMATION: In Acting Administrator. the affected basic class(es), and accordance with 21 CFR 1301.34(a), this [FR Doc. 2021–14165 Filed 7–1–21; 8:45 am] applicants therefore, may file written is notice that on March 24, 2021, United BILLING CODE 4410–09–P comments on or objections to the States Pharmaceopeial Convention, issuance of the proposed registration on 7135 English Muffin Way, Frederick, or before August 2, 2021. Such persons Maryland 21704, applied to be may also file a written request for a registered as an importer of the hearing on the application on or before following basic class(es) of controlled August 2, 2021. substance(s):

Controlled substance Drug code Schedule

Cathinone ...... 1235 I Methcathinone ...... 1237 I Methaqualone ...... 2565 I Lysergic acid diethylamide ...... 7315 I 4-Methyl-2,5-dimethoxyamphetamine ...... 7395 I 3,4-Methylenedioxyamphetamine ...... 7400 I 4-Methoxyamphetamine ...... 7411 I -N-oxide ...... 9053 I Difenoxin ...... 9168 I ...... 9200 I -N-oxide ...... 9307 I Norlevorphanol ...... 9634 I Methamphetamine ...... 1105 II Phenmetrazine ...... 1631 II Methylphenidate ...... 1724 II Amobarbital ...... 2125 II Pentobarbital ...... 2270 II Secobarbital ...... 2315 II Glutethimide ...... 2550 II ...... 7471 II ANPP (4-Anilino-N-phenethyl-4-piperidine) ...... 8333 II Phenylacetone ...... 8501 II Alphaprodine ...... 9010 II ...... 9020 II Cocaine ...... 9041 II ...... 9120 II ...... 9170 II ...... 9210 II ...... 9220 II Meperidine ...... 9230 II , bulk (non-dosage forms) ...... 9273 II ...... 9333 II ...... 9652 II Noroxymorphone ...... 9668 II Alfentinil ...... 9737 II ...... 9740 II

The company plans to import the bulk customers for analytical testing of raw Approval of permit applications will control substances for distribution as materials. occur only when the registrant’s analytical reference standards to its business activity is consistent with what

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is authorized under 21 U.S.C. 952(a)(2). issued an Order to Show Cause (OSC),1 Felony’’ to the offense of ‘‘False Authorization will not extend to the dated April 23, 2019, seeking to revoke Statement to Medicaid.’’ On August 1l, import of Food and Drug the Respondent’s Certificates of 2017, the Circuit Court of Fairfax Administration-approved or non- Registration (COR), numbers County, Virginia entered its sentencing approved finished dosage forms for ‘‘MJ3401609 and MJ4509331, pursuant Order for Respondent’s offense of ‘‘False commercial sale. to 21 U.S.C. 824(a)(5), and deny any Statement for Payment (F)’’ in violation applications for renewal or modification of Va. Code Section 32.1–314(F) FRD William T. McDermott, of such registration and any 3337F9. See Commonwealth of Virginia Assistant Administrator. applications for any other DEA v. Keith Allen Jenkins, No. FE–2017– [FR Doc. 2021–14210 Filed 7–1–21; 8:45 am] registrations pursuant to 21 U.S.C. 0000711 (Fairfax Cty. Cir. Ct.). BILLING CODE 4410–09–P 824(a)(5),’’ because the Respondent has 3. Based on Respondent’s conviction, been excluded from participation in a the U.S. Department of Health and program pursuant to section 1320a–7(a) Human Services, Office of Inspector DEPARTMENT OF JUSTICE of Title 42. OSC, at 1. The Respondent General (‘‘HHS/OIG’’), by letter dated 2 Drug Enforcement Administration requested a hearing on May 16, 2019, February 28, 2018, mandatorily and prehearing proceedings were excluded Respondent from participation [Docket No. 19–22] initiated.3 A hearing was conducted in in Medicare, Medicaid and all federal this matter on November 20, 2019, at the health care programs for a minimum Keith A. Jenkins, N.P.; Decision and DEA Hearing Facility in Arlington, period of five years pursuant to 42 Order Virginia. U.S.C. 1320a–7(a), effective March 20, On February 19, 2020, the Drug The issue ultimately to be adjudicated 2018. Notwithstanding the fact that the Enforcement Administration by the Acting Administrator, with the underlying conduct for which the (hereinafter, DEA or Government) assistance of this recommended Respondent was convicted had no Administrative Law Judge Mark M. decision, is whether the record as a nexus to controlled substances, the Dowd (hereinafter, ALJ), issued a whole establishes by a preponderance of Respondent’s mandatory exclusion from Recommended Rulings, Findings of the evidence that the Respondent’s Medicare, Medicaid, and all federal Fact, Conclusions of Law, and Decision subject registration with the DEA should health care programs by HHS/OIG (hereinafter, RD) on the action to revoke be revoked pursuant to 21 U.S.C. warrants revocation of the Respondent’s the DEA Certificate of Registration 824(a)(5). registration pursuant to 21 U.S.C. Numbers MJ3401609 and MJ4509331 of After carefully considering the 824(a)(5). See, e.g., Richard Hauser, Keith A. Jenkins, N.P. The ALJ testimony elicited at the hearing, the M.D., 83 FR 26308 (2018). admitted exhibits, the arguments of transmitted the record to me on March The Hearing 10, 2020. Having reviewed and counsel, and the record as a whole, I considered the entire administrative have set forth my recommended Government’s Opening Statement findings of fact and conclusions of law record before me, I adopt the ALJ’s RD The Government outlined its case in below. with modifications, where noted its Opening Statement. The Government herein.*A The Allegations seeks the revocation of the Respondent’s Order In the OSC, the Government contends registrations pursuant to 21 U.S.C. 824(a)(5), as the Respondent has been Pursuant to 28 CFR 0.100(b) and the that the DEA should revoke the Respondent’s DEA COR because he has excluded from a program pursuant to authority vested in me by 21 U.S.C. § 1320a–7a of Title 2. Tr. 12. The 824(a), I hereby dismiss the Order to been excluded from participation in a program pursuant to section 1320a–7(a) Government explained that in 2017, the Show Cause issued to Keith A. Jenkins, Respondent entered an Alford plea of N.P. I further order that any pending of Title 42. Specifically, the Government alleges guilty, to the felony offense of false applications for renewal of DEA statement to Medicaid, in the Circuit Certificates of Registration MJ3401609 the following: 1. Respondent is registered with the Court of Fairfax County, Virginia. On and MJ4509331 be granted. This Order the basis of that conviction, in 2018, the is effective immediately. DEA as an MLP-nurse practitioner in Schedules II through V under DEA Department of Health and Human D. Christopher Evans, Certificate of Registration MJ3401609, at Resources, Office of Inspector General Acting Administrator. 105 Vanner Rd., Mt. Juliet, TN 37122. mandatorily excluded the Respondent Respondent is also registered with the from participation in Medicare, Paul Soeffing, Esq., for the Government Medicaid and all federal health care Robert W. Liles, Esq. and Meaghan K. DEA under DEA Certificate of programs pursuant to 42 U.S.C. 1320a- McCormick, Esq., for the Respondent Registration MJ4509331, at 3909 Woodley Rd., Toledo, OH 43606, with a 7(a). The Respondent’s exclusion Recommended Rulings, Findings of mailing address of 105 Vanner Rd., Mt. remains in effect. Id. Fact, Conclusions of Law, and Decision Juliet, TN 37122. Respondent’s Respondent’s Opening Statement of the Administrative Law Judge registrations both expire by their terms In his Opening Statement, the The Assistant Administrator, on December 31, 2020. Id. Prior to the Respondent noted he has stipulated to Diversion Control Division, Drug current action, Respondent’s DEA all of the operative facts of the case. Id. Enforcement Administration (DEA), Certificates of Registration have not been the subject of disciplinary or other at 13. The Respondent conceded he was *A I have made minor, nonsubstantive, adverse action by the DEA. convicted as charged, he was excluded grammatical changes to the RD. Where I have made 2. On August 7, 2017, Respondent from participation from Medicare, any substantive changes, omitted language for entered an ‘‘Alford Plea of Guilty to a Medicaid and all federal health benefit brevity or relevance, or where I have added to or programs, as alleged. Acknowledging modified the ALJ’s opinion, I have bracketed the modified language and explained the edit in a 1 ALJ Ex. 1. the evidentiary burden shift to him, footnote marked with an asterisk and a letter in 2 ALJ Ex. 2. upon the prima facie showing of these alphabetical order. 3 ALJ Ex. 3. facts, the Respondent argued that his

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