Next, inside the MacKay, I found that the evidence your medical practitioner had intentionally redirected controlled substances to two customers and you can performed such like numerous period are „enough to hold that bodies had made a prima-facie demonstrating that [the doctor] got the full time acts hence bring their registration inconsistent into the social notice.“ 75 FR from the 49977. . . in the hearing.‘ “ Id. (quoting Resp. Bottom line Br. in the step three).
See id. Once i said: „also if in case, versus choosing, one to Respondent’s recommending strategies to all the of his almost every other customers (including men and women whoever medical details had been examined by the Government’s expert) completely complied with the CSA and you may Utah rules, these types of prescribings don’t refuse evidence proving he purposefully redirected in order to [both people] when you look at the ticket away from both CSA and you can Utah legislation.“ Id. We hence denied the fresh new physician’s „arguments and conclude[d] your Government ha[d] founded a prima-facie circumstances you to definitely his proceeded subscription was ‚inconsistent into the social focus.‘ “ Id. (mentioning 21 You.S.C. 823(f)).\9\