John Bender, M.D.; Decision and Order

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 October 17, 2024, the Drug Enforcement Administration (DEA or Government) issued an Order to Show Cause and Immediate Suspension of Registration (OSC/ISO) to John Bender, M.D., of Fort Collins, Florida (Respondent). OSC/ISO, at 1. The OSC/ISO informed Respondent of the immediate suspension of his DEA Certificates of Registration Nos. BB3697577 and FB3064831, alleging that Respondent's continued registration is “an imminent danger to the public health or safety.” Id. (quoting 21 U.S.C. 824(d) ). The OSC also proposed the revocation of Respondent's registration because Respondent has committed such acts as would render his registration inconsistent with the public interest. Id. (citing 21 U.S.C. 823(g)(1) ; 824(a)(4)). More specifically, the OSC alleges that between April 25, 2022, and June 11, 2024, Respondent filled approximately 4,244 controlled substance prescriptions issued by practitioners at his clinic without possessing a state pharmacy license or a DEA pharmacy registration, in violation of state and federal law. Id. at 4 (citing 21 CFR 1306.04 and 1306.06 , and Colo. Rev. Stat. 12-280-120(1) and 12-280-129(1)(d)). [ 1 2 ] The OSC further alleges that the two office locations where Respondent dispensed controlled substances operated as unregistered pharmacies. Id. (citing 21 U.S.C. 823(g)(1) , 21 CFR 1301.11(a) , 1301.13(e) , Colo. Rev. Stat 12-280-120(1), 12-280-129(1)(d)). After conducting a …