Justice Department, Drug Enforcement Administration
Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Justice Drug Enforcement Administration On November 7, 2018, the Assistant Administrator, Diversion Control Division, Drug Enforcement Administration (hereinafter, DEA or Government), issued an Order to Show Cause to William Ralph Kinkaid, M.D. (hereinafter, Respondent), of Johnson City, Tennessee. Order to Show Cause (hereinafter, OSC), at 1. The OSC proposed the denial of Respondent's application for DEA Certificate of Registration, Control No. W18085586C, because Respondent was “mandatorily excluded . . . from participation in Medicare, Medicaid, and all Federal health care programs pursuant to 42 U.S.C. 1320a-7(a) ” and that such exclusion “warrants denial of [Respondent's] application pursuant to 21 U.S.C. 824(a)(5) .” Id. at 1-2 (citing Richard Hauser, M.D., 83 FR 26 , 308 (2018)). Specifically, the OSC alleged that, on June 24, 2013, the United States District Court for the Eastern District of Tennessee (hereinafter, E.D. Tenn.) issued a judgment against Respondent “after [Respondent] pled guilty to one count of `Receiving in Interstate Commerce a Misbranded Drug with Intent to Defraud or Mislead,' in violation of 21 U.S.C. 331(c) .” Id. at 2 (citing U.S. v. William Ralph Kinkaid, No. 2:12-CR-116 (E.D. Tenn. June 24, 2013)). The OSC further alleged that “based on [Respondent's] conviction, the U.S. Department of Health and Human Services, Office of Inspector General (“HHS/OIG”), mandatorily excluded [R…
Citation: 86 FR 40636
