Editor’s note: This post is the first in our new “DEA Decisions” series where we will provide summaries of Final Orders issued by the DEA on administrative matters litigated before the agency. We hope they are helpful to you — let us know!   In the Matter of Tyson D. Quy, M.D., 78 Fed. Reg. 47,412 (August 5, 2013) Dr. Quy is a physician who, during the course of his medical residency, developed an addiction to Ambien.  To feed his addiction, Dr. Quy engaged in “doctor-shopping” and obtained prescriptions for Ambien from various local physicians.  While Ambien was Dr. Quy’s primary drug of abuse, he also abused alprazolam, butalbital, and Tussicaps with hydrocodone that he obtained over the Internet or by stealing the drugs from his father. On September 6, 2010, Dr. Quy was arrested for driving under the influence of drugs (DUI).  Following his arrest, Dr. Quy sought treatment for his addiction and abuse problems.  Dr. Quy completed an intensive ninety-day addiction treatment program, and he has been clean and sober since October 5, 2010.  As for his criminal case, Dr. Quy eventually plead “no contest,” successfully completed a number of agreed-upon probationary terms, and the case against him was dismissed. As a result of his addiction-related misconduct, Dr. Quy also answered to the Oklahoma Medical Board and the Oklahoma Bureau of Narcotics and Dangerous Drug Control.  Dr. Quy’s settlement with the Oklahoma Medical Board provided for a thirty day suspension of his medical license followed by a five year period of probation, and also provided for a number of monitoring and compliance provisions.  Dr. Quy’s controlled substances registration was similarly restricted by the Oklahoma Bureau of Narcotics and Dangerous Drug Control.  Dr. Quy has remained compliant with all of the terms of these various agreements. Upon reviewing the record, the Administrator found that while Dr. Quy’s conduct was sufficiently egregious to warrant the revocation of his DEA registration, the evidence showed that Dr. Quy had accepted responsibility for his past misconduct and shown that he could be entrusted with a DEA registration.  The Administrator ultimately determined to grant Dr. Quy’s application to renew his DEA registration, subject to certain conditions.  The conditions include: Dr. Quy can only prescribe controlled substances and cannot administer or dispense them; Dr. Quy must remain compliant with the terms of the settlement agreement with the Oklahoma Medical Board; Dr. Quy must inform DEA of any violation of the terms of the settlement agreement with the Oklahoma Medical Board; and Dr. Quy must consent to any unannounced inspections of his registered location by DEA personnel. In the footnotes of the order, the Administrator also expressed her disagreement with some of the Administrative Law Judge’s conclusions.  First, she found that while Dr. Quy’s no contest plea in his DUI case constituted a conviction for purposes of the DEA’s inquiry, it was not a conviction “relating to the manufacture, distribution, or dispensing of controlled substances.”  21 U.S.C. § 823(f)(3).  “Interpreting [21 U.S.C. § 823(f)(3)] as encompassing offenses such as simple possession, DUI, and transportation effectively reads the “relating to” phrase out of the statute.  However . . . the Agency can consider a DUI offense, when the underlying facts establish that the registrant was under the influence of a controlled substance, under factor five” (such other conduct which may threaten the public health and safety). The Administrator also reiterated her position that, contrary to the Administrative Law Judge’s statement otherwise, there was some minimum period of time for which an applicant or registrant must demonstrate his or her sobriety prior to being granted a DEA registration.  Although the Administrator did not provide details as to what a sufficient period of sobriety might be, she did find that Dr. Quy’s two-plus years of sobriety satisfied the standard.