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NORMAN J CLEMENT RPH., DDS, NORMAN L.CLEMENT PHARM-TECH, MALACHI F. MACKANDAL PHARMD, BELINDA BROWN-PARKER, IN THE SPIRIT OF JOSEPH SOLVO ESQ., IN THE SPIRIT OF REV. C.T. VIVIAN, JELANI ZIMBABWE CLEMENT, BS., MBA., WILLIE GUINYARD BS., JOSEPH WEBSTER MD., MBA, BEVERLY C. PRINCE MD., FACS., LEROY BAYLOR, JAY K. JOSHI MD., MBA, ADRIENNE EDMUNDSON, ESTER HYATT PH.D., WALTER L. SMITH BS., IN THE SPIRIT OF BRAHM FISHER ESQ., MICHELE ALEXANDER MD., CUDJOE WILDING BS, MARTIN NDJOU, BS., RPH., IN THE SPIRIT OF DEBRA LYNN SHEPHERD, BERES E. MUSCHETT, STRATEGIC ADVISORS
CASE 22-6000
PETITION FOR REHEARING
Pursuant to Supreme Court Rule 44.2, Norman Clement respectfully petitions for rehearing of the Court’s decision issued on December 5, 2022, Norman Clement vs United States Drug Enforcement Administration Case 22-6000 moves this Court to grant this petition for rehearing and consider his case with merits on grounds of intervening circumstances of a substantial or controlling effect or to other substantial grounds not previously presented.
Pursuant to Supreme Court Rule 44.2, This petition for rehearing is filed within 25 days of this Court’s decision in this case.
Narcotics Analgesics medication are no different, as they too carry with them the dangers any other types of drugs medications when abused or taken in numbers beyond the prescribed doses or for that matter their FDA approved therapeutic dose.
(8-MILES RD IN THE HOUSE) UNIVERSITY OF MICHIGAN SCHOOL OF DENTISTRY GRADS LEFT/RIGHT: MILTON B. CAMPBLELL DDS (76), NORMAN J. CLEMENT RPH., DDS (81) TODD ESTER DDS., MS (98)
Morphine Milligram Equivalent or MME is not a standard or guide used by the FDA for dosing. Specifically it is well established because of genetic pleomorphism the fact that humans metabolize opiates at variable rates through the CYP 450 system indicates that MME is irrelevant to physician practice and physiology.
In addition, it has no statutory basis at all. Once we have dosed a patient, we reevaluate to see the effect. This is the scientific model in action. Using MME to inform medical practice is more dangerous than a coin flip, and makes a mockery of all of our Hippocratic Oaths.
This again represents a profound set of intervening circumstances of which is both substantial and controlling effects are serious displays of the preponderance of other substantial scientific factual grounds not previously presented.
PETITION FOR REHEARING
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ZELLE 3135103378
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Norman J. Clement
pronto Pharmacy
P.O. BOX 280139
Tampa, Fl 33682
So, Donate to the “Pharmacist For Healthcare Legal Defense Fund,”
“WE ARE FIGHTING”
The Writ of CERTIORARI Petition
The Writ of Certiorari Petition denied December 5, 2022 raised a fourth misconception. In ignoring Gonzales, the DEA has interpreted “legitimate medical purpose” so that a pharmacy violates its corresponding responsibility whether or not there is evidence of a prescription’s illegitimacy (see APP-25,97). Holiday CVS, Fed. Reg. 62316 (2012).
This ultra vires authority has allowed the DEA to discipline pharmacists for failing to resolve “red flags” before filling a prescription.
However “red flags” are guidelines created byDEA in which the agency “lacks the authority to issue guidelines that constitute advice relating to the general practice of medicine and further lacks authority to promulgated new regulations regarding the treatment of pain, (see APP-19-21) See Id.
Sadly, when challenged in court, the DEA hides behind the great deference awarded to administrative agencies. This Petition seeks to fight this harmful deference and asks the Court
1.Whether a pharmacy violates its corresponding responsibility under 21 C.F.R. § 1306.04(a) by being required to operate beyond licensing requirement and training and deny filling prescription(s) for a controlled substance issued by an authorized prescribing provider, for a medical disease purpose(s) where the prescription’s legitimacy remains undetermined?
2. Whether the record as a whole establishes by a preponderance of the evidence base on an evidentiary standard of “red flag” as a guideline that Pronto Pharmacy’s DEA Certificate of Registration Number FP2302076 should be revoked and any pending applications for renewal or modification of such registration and
applications for any other pending DEA registrations should be denied pursuant to 21 U.S.C. 824(a) (4) and 21 U.S.C. 823(f)?
3. We further ask this Court to determine whether a Pharmacists refusal to fill a prescription for a ‘legitimate medical purpose” under the Pharmacists
“corresponding responsibility,” provision, constitute and violates the Eight Amendment prohibition against cruel and usual punishment?
4. Whether it was the intent Congress for DEA to regulate the field and practice of medicine and pharmacy auger deference awarded to administrative agencies ?
The Writ of CERTIORARI Petition
DEA CORRUPTION OUTLINED AND MUSCLING INTO THE CONTROL OF MEDICINE AND MEDICAL PROCEDURES
In order to prosecute a pharmacist does the DEA have the authority to move the goal post backward and forward, redefine a golf ball as a football, change the rules of the game while in the game, to regulate the practice of medicine and pharmacy by unenumerated “red flags,” not developed by notice and comment, statues or medical expertise and enforcing such authority thru forfeiture laws, revocations certificates of registration while, “lacking the authority to promulgate rules.” (see APP-139,149,150, see also App 16-19, App 72,73,74,92,93)
Thus we have based our argument here that the DEA Administrator has attained “omnipotent powers” not granted by Congress and has been wrongfully exercising the use of their ill-attained authority to regulate the practice of medicine by criminalizing good faith medical mistakes while being freely able to move the goal post backward and forward generate rules policy and law without proper notice or hearing required by Congress See 21 U.S.C. § 903.
Further act as the Federal equivalent of a state medical board overseeing the general practice of medicine while they have lacked the authority to issue guidelines that constitute advice relating to the general practice of medicine.”…dictating what a doctor prescribes to a patient, promulgating regulations regarding the treatment of pain, imposing specific quantitative minimum or maximum limit (a subjective standard of 90MME) on the amount of medication that may be prescribed on a single prescription on the duration of treatment intended with the prescribed controlled substance, simply
“The DEA lacks the authority to issue guidelines that constitute advice relating to the general practice of medicine, (see App. 16-19 App. 72,73,74,92,93)
SEE APPENDIX (App 1-398)
SUMMARY AND CONCLUSION
These are grounds consistent with Supreme Court of the United States Rule 44.2 of intervening circumstances of a substantial or controlling effect and substantial grounds not previously presented.
Wherefore, For the foregoing reasons, We respectfully request this Petition for Rehearing in Case number 22-6000 submitted in a timely manner be granted and the revocation and the Court should farther grant this Petitioner’s writ of certiorari as the decision in this case by this Court will have far-reaching effects on the professions of Medicine, and Pharmacy.
The Petitioner is a Pharmacist Not a Street Drug Dealer.
Respectfully submitted
Norman J Clement, pro se
FOR NOW, YOU ARE WITHIN
THE NORMS
OR SEND
$10, $15, $20, $25,$50, $75, 175, $500. OR MORE TO CASH APP:$docnorm
ZELLE 3135103378
Norman J. Clement
pronto Pharmacy
P.O. BOX 280139
Tampa, Fl 33682
So, Donate to the “Pharmacist For Healthcare Legal Defense Fund,”
“WE ARE FIGHTING”
LOW HANGING FRUIT
