Next, into the MacKay, I discovered that proof that doctor had purposefully redirected controlled substances so you’re able to a couple clients and you can did such-like multiple days are “adequate to keep that the bodies got made a prima facie indicating one [the physician] had the time acts hence give their registration inconsistent toward social appeal.” 75 FR from the 49977. . . during the hearing.’ ” Id. (quoting Resp. Conclusion Br. in the 3).
Select id. When i informed me: “even incase, instead choosing, you to definitely Respondent’s prescribing practices to all or any off their other customers (as well as those people whoever scientific info have been examined from the Government’s specialist) completely complied into the CSA and you can Utah rules, this type of prescribings do not reject evidence exhibiting he intentionally redirected so you can [the two clients] inside the pass regarding both CSA and you can Utah rules.” Id. I therefore denied the latest physician’s “objections and conclude[d] your Government ha[d] depending a prima-facie case that his continued subscription try ‘inconsistent towards social notice.’ ” Id. (pointing out 21 U.S.C. 823(f)).\9\