James S. Bischoff, M.D.; Revocation of Registration, 12734-12736 [05-5072]
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12734
Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Notices
The marketing consultant further
explained that this information
support’s DEA’s conclusion that
pseudoephedrine products distributed
to this nontraditional market greatly
exceeded the normal demand for such
products at such retail outlets. He
agreed that such excessive sales could
be purchases of listed chemical
products that were diverted to illicit
uses. With respect to Oklahoma
wholesale pseudoephedrine sales of
several distributors and over 300 of their
retail customers, all of which were
convenience stores, a July 2002 analysis
by the marketing consultant led to the
conclusion ‘‘that without evidence of
the existence of immense numbers of
legitimate customers, it was likely that
the massive inventories of
pseudoephedrine products purchased
by these Oklahoma stores were being
turned to illegal uses.’’ Express
Wholesale, supra.
With respect to the instant matter, Mr.
Osmani and OLW have similarly
amassed large quantities of
pseudoephedrine and ephedrine
products. The frequency and quantity of
listed chemicals purchased by OLW
from 1998 to 2003 defined all available
and conventional marketing data for the
expected sale of these products. Given
the demonstrated lack of legitimate
demand for these products when sold
from convenience stores, the Deputy
Administrator is left with the
conclusion that Mr. Osmani and OLW
purchased pseudoephedrine and
ephedrine products for sale to
individuals involved in the illicit
manufacture of methamphetamine.
As noted above, effective April 6,
2004, Oklahoma enacted House Bill
2176, titled the ‘‘Oklahoma
Methamphetamine Reduction Act of
2004.’’ This provision includes the
requirement that the sale of
pseudoephedrine tablets are now
restricted to licensed pharmacies. As in
a prior DEA final order, the Deputy
Administrator finds in the instant
matter that OLW’s proposed distribution
of listed chemicals through its
convenience stores is no longer legally
viable in Oklahoma. See, Express
Wholesale, supra at 62089.
A review of early data for 2004 reveals
that the newly enacted laws have
resulted in an apparent reduction in the
number of seizures involving
clandestine methamphetamine labs in
Oklahoma. These developments in
Oklahoma are encouraging and
represent another important step in the
ongoing battle to curb
methamphetamine abuse in the United
States. In keeping with this positive
trend, DEA must also act in an
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15:31 Mar 14, 2005
Jkt 205001
appropriate fashion to ensure that listed
chemicals are not diverted. The Deputy
Administrator notes that while Mr.
Osmani and OLW seek DEA registration
in the State of Texas, the company also
seeks to distribute listed chemicals from
convenience stores located in
Oklahoma. Based solely on the
population statistics of Cartwright and
Durant, Oklahoma, it would appear at
first glance that the market for over-thecounter drug products in these cities is
relatively insignificant. However, as the
record before the Deputy Administrator
clearly demonstrates, the relatively
small size of the Oklahoma markets
serviced by OLW is not a significant
factor since Mr. Osmani appears intent
on purchasing extraordinarily large
quantities of listed chemical products
without regard to market size. These
purchasing practices indicate that OLW
would willingly accommodate persons
involved in the illicit methamphetamine
trade. Based on the foregoing, the
Deputy Administrator concludes that
granting the pending application of
OLW would be inconsistent with the
public interest.
Accordingly, the Deputy
Administrator of the Drug Enforcement
Administration, pursuant to the
authority vested in her by 21 U.S.C. 823
and 28 CFR 0.100(b) and 0.104, hereby
orders that the pending application for
DEA Certificate of Registration,
previously submitted by Tysa
Management, d.b.a. Osmani Lucky
Wholesale be, and it hereby is, denied.
This order is effective April 14, 2005.
Dated: February 24, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05–5068 Filed 3–14–05; 8:45 am]
BILLING CODE 4410–09–M
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
James S. Bischoff, M.D.; Revocation of
Registration
On June 28, 2004, the Deputy
Administrator, Drug Enforcement
Administration (DEA), issued an Order
to Show Cause/Immediate Suspension
of Registration to James S. Bischoff,
M.D. (Dr. Bischoff) who was notified of
an opportunity to show cause as to why
DEA should not revoke his DEA
Certificate of Registration BB0377247
under 21 U.S.C. 824(a)(4) and deny any
pending applications for renewal or
modification of that registration under
21 U.S.C. 823(f). Dr. Bischoff was
further notified that his registration was
being immediately suspended under 21
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Sfmt 4703
U.S.C. 824(d) as an imminent danger to
the public health and safety.
The Order to Show Cause alleged in
relevant part, that Dr. Bischoff diverted
controlled substances through larceny
and fraudulent prescriptions, failed to
maintain required records, could not
account for 32,000 dosage units of
controlled substances and dispensed
controlled substances to individuals
without a bona fide doctor-patient
relationship or legitimate medical
purpose. The Order to Show Cause also
notified Dr. Bischoff that should no
request for a hearing be filed within 30
days, his hearing right would be deemed
waived.
On July 14, 2004, a DEA investigator
personally served the Order to Show
Cause/Immediate Suspension of
Registration on Dr. Bischoff at the
offices of the Ennis, Montana Police
Department. Since that date, DEA has
not received a request for a hearing or
any other reply from Dr. Bischoff or
anyone purporting to represent him in
this matter.
Therefore, the Deputy Administrator
of DEA, finding that (1) thirty days
having passed since personal delivery of
the Order to Show Cause/Immediate
Suspension of Registration to the
registrant and (2) no request for hearing
having been received, concludes that Dr.
Bischoff is deemed to have waived his
hearing right. See David W. Linder, 67
FR 12579 (2002). After considering
material from the investigative file in
this matter, the Deputy Administrator
now enters her final order without a
hearing pursuant to 21 CFR 1301.43(d)
and (e) and 1301.46.
The Deputy Administrator finds that
Dr. Bischoff is registered with DEA as a
practitioner under Certificate of
Registration BB0377247. Dr. Bischoff’s
registered location is also his residence,
which is located in Ennis, Montana.
In April 2003, Dr. Bischoff took
‘‘Patient B,’’ a 16-year-old high school
student, to an out of town physician
specialist for emergency treatment after
the boy’s had was cut in an accident. Dr.
Bischoff was a friend of the boy’s father
and step-mother and would come to
their home for social visits/dinners.
They were both out of town at the time
of the accident and Dr. Bischoff
volunteered to take the boy to the
specialist. While the specialist did not
recommend any treatment with
controlled substances, Dr. Bischoff
wrote the boy a prescription for 100
tablets of Oxycontin, a Schedule II
narcotic controlled substance, which he
personally picked up a local pharmacy.
However, he delivered only 20 tablets to
the boy, unlawfully diverting the
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Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Notices
remaining 80 tables to his own use or
that of someone else.
Around the same time Dr. Bischoff
wrote a second prescription in the name
of Patient B, for 120 tablets of the
Schedule II controlled substance
Adderall. He also picked that
prescription up at a local pharmacy,
supposedly on behalf of the boy, but
never delivered it to the boy or his
parents, diverting the controlled
substance to his personal use or for that
of another.
In September 2003, Dr. Bischoff wrote
the boy another prescription for 120
tablets of Adderall, which was picked
up by the boy’s sister. However, the
father and step-mother were unaware
Dr. Bischoff had prescribed the
medication, which the boy began taking,
thinking he was supposed to. When his
step-mother discovered the bottle a
couple of weeks later, she found out for
the first time that Dr. Bischoff was
prescribing Adderall to the boy. After
checking with the regular family
physician, she was advised the dosage
instructions and strength of the
medication were excessive. Fortunately,
the boy only took 12 of the tablets and
stopped using them because of their
effect.
She then checked with the pharmacy
where the prescription was filled and
discovered Dr. Bischoff had issued
multiple fraudulent prescriptions for
controlled substances in the names of
family members, which he personally
picked up, telling pharmacists he was a
close friend and the purported patients
were too busy to get to the pharmacy.
She also discovered Dr. Bischoff had
falsely told the pharmacy her stepson,
then 16 years old, was 18, thus avoiding
a requirement for a parent to sign when
prescriptions were picked up.
Investigators subsequently
determined Dr. Bischoff had written and
filled seven prescriptions for controlled
substances in the name of Patient B,
along with multiple prescriptions in the
names of other family members who
were not his patients, all without their
knowledge.
During the period January 2001
through January 2003, Dr. Bischoff
ordered approximately 46,000 doses of
Schedule III and IV controlled
substances from a supplier, including
various anti-depressants, anti-anxiety,
sleep medications, amphetamines and
narcotics. After Dr. Bischoff was served
with a Notice of Inspection at his
registered premises, he declined to
permit an inspection or provide
investigators with any of the records he
was required to keep.
On March 10, 2004, Dr. Bischoff was
served with an Administrative
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15:31 Mar 14, 2005
Jkt 205001
Inspection Warrant. Controlled
substances were found in the basement
of his home/registered location, but he
had very few actual patient records and
no records of receipt, inventory,
dispensation or accountability for
controlled substances, violating 21
U.S.C. 827(a) and 842(a)(5). Dr. Bischoff
was unable to account for 32,000 dosage
units of controlled substances and
refused to provide any records or
otherwise account for their distribution
or whereabouts.
Additional investigation determined
Dr. Bischoff had written fraudulent
prescriptions for controlled substances
to several other area pharmacies during
2003. Interviews with professionals at
some of his previous clinic and hospital
affiliations also indicated he was known
to be involved in inappropriate
dispensation and prescribing of
controlled substances.
On February 29, 2004, Dr. Bischoff
gave a Schedule II controlled substance
to a woman he was having dinner with.
She was on probation at the time for a
controlled substance offense. This
distribution was done without a
legitimate medical purpose and was
outside the usual course of professional
practice.
Under Federal and Montana law, for
a doctor to be acting in the usual course
of professional practice, there must be a
bona fide doctor/patient relationship.
Investigative review of Dr. Bischoff’s
computer records indicated he was not
maintaining patient records, yet was
prescribing controlled substances for
individuals, both inside and outside
Montana. He prescribed drugs directly
to individuals without the benefit of
examination or clinical determination of
a valid medical purpose and in many
cases, there was no evidence Dr.
Bischoff had established any actual
doctor-patient relationship with these
individuals. These controlled
substances were dispensed either
directly or by prescription, in violation
of 21 CFR 1306.04.
Pursuant to 21 U.S.C. 823(f) and
824(a)(4), the Deputy Administrator may
revoke a DEA Certificate of Registration
and deny any pending applications for
renewal of such registration, if she
determines that the continued
registration would be inconsistent with
the public interest. Section 823(f)
requires that the following factors be
considered in determining the public
interest:
(1) The recommendation of the
appropriate state licensing board or
professional disciplinary authority.
(2) The applicant’s experience in
dispensing, or conducting research with
respect to controlled substances.
PO 00000
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Fmt 4703
Sfmt 4703
12735
(3) The applicant’s conviction record
under Federal or State laws relating to
the manufacture, distribution, or
dispensing of controlled substances.
(4) Compliance with applicable State,
Federal, or local laws relating to
controlled substances.
(5) Such other conduct which may
threaten the public health or safety.
These factors are considered in the
disjunctive; the Deputy Administrator
may rely on any one or a combination
of factors and may give each factor the
weight she deems appropriate in
determining whether a registration
should be revoked or an application for
registration denied. See Henry J.
Schwartz, Jr., M.D., 54 FR 16,422 (1989).
As to factor one, the recommendation
of the appropriate state licensing board
or professional disciplinary authority,
there is no evidence in the investigative
file that the State of Montana has yet
taken adverse action against
Respondent’s medical license. However,
‘‘inasmuch as State licensure is a
necessary but not sufficient condition
for a DEA registration * * * this factor
is not dispositive.’’ See Edson W.
Redard, M.D., 65 FR 30,616, 30,619
(2000).
With regard to factors two and four,
Respondent’s experience in handling
controlled substances and his
compliance with applicable controlled
substance laws, the investigative file
contains ample evidence Dr. Bischoff
unlawfully distributed, prescribed and
diverted controlled substances over an
extensive period. He grossly failed to
comply with accountability record
keeping requirements or maintain
minimally acceptable patient files
documenting medical necessity for
controlled substance prescriptions. He
could not account for 32,000 dosage
units of controlled substances delivered
to his residence/office and wrote
fraudulent prescriptions for controlled
substances for non-patients, which he
personally picked up and never
delivered to their purported recipients.
He also prescribed controlled
substances to individuals without bona
fide doctor-patient relationships and
dispensed medically unnecessary or
inappropriate drugs to a minor without
his parents’ knowledge.
While the evidence does not reveal
whether Dr. Bischoff diverted controlled
substances for personal use or for
others, it is clear he failed abysmally to
meet the rudimentary responsibilities of
a physician and registrant. Thus, factors
two and four weigh in favor of a finding
that continued registration would be
inconsistent with the public interest.
Factor three, the applicant’s
conviction record under Federal or State
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Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Notices
laws relating to the manufacture,
distribution, or dispensing of controlled
substances, is not relevant for
consideration, as there is no evidence
Dr. Bischoff has yet been convicted of
any crime related to controlled
substances. However, it is noted the
investigation has been provided to local
authorities for possible initiation of
criminal charges.
With respect to factor five, other
conduct that many threaten the public
health and safety, Respondent’s actions
discussed above are also relevant under
this factor. The Deputy Administrator is
particularly troubled by Dr. Bischoff’s
abuse of the trust placed in him as a
family friend and physician, both by the
minor and his parents and by Dr.
Bischoff’s calculated efforts to obtain
controlled substances through fraud and
misrepresentation.
In sum, Dr. Bischoff’s cavalier
disregard for the law and regulations
governing controlled substances and the
abandonment of his responsibilities as a
physician and registrant cannot be
tolerated. They weigh heavily in favor of
a finding that his continued registration
would not be in the public interest.
Accordingly, the Deputy
Administrator of the Drug Enforcement
Administration, pursuant to the
authority vested in her by 21 U.S.C. 823
and 28 CFR 0.100(b), and 0.104, hereby
orders that DEA Certificate of
Registration BB0377247, issued to James
S. Bischoff, M.D., be, and it hereby is,
revoked. The Deputy Administrator
further orders that any pending
applications for renewal or modification
of such registration be, and they hereby
are, denied. This order is effective April
14, 2005.
Dated: February 24, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05–5072 Filed 3–14–05; 8:45 am]
BILLING CODE 4410–09–M
DEPARTMENT OF LABOR
Office of the Secretary
All Items Consumer Price Index for All
Urban Consumers—United States City
Average
Pursuant to section 33105(c) of Title
49, United States Code, and the
delegation of the Secretary of
Transportation’s responsibilities under
that Act to the Administrator of the
Federal Highway Administration (49
CFR 501.2(a)(9)), the Secretary of Labor
has certified to the Administrator and
published this notice in the Federal
Register that the United States City
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15:31 Mar 14, 2005
Jkt 205001
Average All Items Consumer Price Index
for All Urban Consumers (1967–100)
increased 81.9 percent from its 1984
base period annual average of 311.1 to
its 2004 annual average of 565.8.
Signed in Washington, DC, on the 3rd day
of March, 2005.
Elaine L. Chao,
Secretary of Labor.
[FR Doc. 05–4989 Filed 3–14–05; 8:45 am]
BILLING CODE 4510–24–M
DEPARTMENT OF LABOR
Office of the Secretary
Child Labor Education Initiative
Bureau of International Labor
Affairs, U.S. Department of Labor.
Announcement Type: Notice of intent
to solicit cooperative agreement
applications.
SUMMARY: The U.S. Department of Labor
(USDOL), Bureau of International Labor
Affairs (ILAB), intends to award
approximately U.S. $17 million to
organizations to develop and implement
formal, non-formal, and vocational
education programs as a means to
combat exploitive child labor in the
following countries: Mozambique,
Angola, Sierra Leone, Liberia, Ecuador,
Bolivia, and Guyana. ILAB intends to
solicit cooperative agreement
applications from qualified
organizations (i.e., any commercial,
international, educational, or non-profit
organization capable of successfully
developing and implementing education
programs) to implement programs that
promote school attendance and provide
educational opportunities for working
children or children at risk of starting to
work. The programs should focus on
innovative ways to provide educational
services to children engaged, or at risk
of engaging, in exploitive labor and
should address the many gaps and
challenges to basic education found in
the countries mentioned above. Please
refer to https://www.dol.gov/ILAB/
grants/main.htm for examples of
previous notices of availability of funds
and solicitations for cooperative
agreement applications.
Information on the specific sectors,
geographical regions, and funding levels
on the potential projects in the countries
listed above will be addressed in
solicitations for cooperative agreement
applications to be published prior to
September 30, 2005. Thus, we request
that inquiries to USDOL for such
information be limited until publication
of the solicitations. For a list of
frequently asked questions on Child
Labor Education Initiative Solicitations
AGENCY:
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Frm 00092
Fmt 4703
Sfmt 4703
for Cooperative Agreement
Applications, please visit https://
www.dol.gov/ILAB/faq/faq36.htm.
USDOL will hold a bidder’s meeting
on Tuesday, April 12, 2005 to answer
any questions potential applicants may
have on Child Labor Education
Initiative Solicitations for Cooperative
Agreement Applications. Please see
below for more information on the
bidder’s meeting.
DATES: Specific solicitations for
cooperative agreement applications will
be published in the Federal Register
and remain open for at least 30 days
from the date of publication. All
cooperative agreement awards will be
made on or before September 30, 2005.
ADDRESSES: Once solicitations are
published in the Federal Register,
applications must be delivered to: U.S.
Department of Labor, Procurement
Services Center, 200 Constitution
Avenue, NW., Room N–5416, Attention:
Lisa Harvey, Washington, DC 20210.
FOR FURTHER INFORMATION CONTACT: Ms.
Lisa Harvey. E-mail address:
harvey.lisa@dol.gov. All inquiries
should make reference to the USDOL
Child Labor Education Initiative—
Solicitations for Cooperative Agreement
Applications.
Bidder’s Meeting: A bidder’s meeting
will be held in Washington, DC, on
Tuesday, April 12, 2005. The purpose of
this meeting is to provide potential
applicants the opportunity to ask
questions concerning the Child Labor
Education Initiative Solicitation for
Cooperative Agreement process.
Specific details on the time and location
of the meeting will be sent to interested
parties in early April 2005. To register
for the meeting please call or e-mail Ms.
Alexa Gunter (Phone: 202–693–4829; email: gunter-alexa@dol.gov) by
Thursday, March 31, 2005. Please
provide Ms. Gunter with the name,
organization, address, phone number,
and e-mail address of the attendees.
Background Information: Since 1995,
USDOL has supported a worldwide
technical assistance program
implemented by the International Labor
Organization’s International Program on
the Elimination of Child Labor (ILOIPEC). ILAB has provided over U.S.
$400 million to ILO-IPEC and other
organizations for international technical
assistance to combat abusive child labor
around the world.
In its FY 2005 appropriations, in
addition to funds earmarked for ILOIPEC, USDOL received U.S. $34 million
to provide bilateral assistance to
improve access to basic education in
international areas with a high rate of
abusive and exploitive child labor. All
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]]>Agencies
[Federal Register Volume 70, Number 49 (Tuesday, March 15, 2005)]
[Notices]
[Pages 12734-12736]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5072]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
James S. Bischoff, M.D.; Revocation of Registration
On June 28, 2004, the Deputy Administrator, Drug Enforcement
Administration (DEA), issued an Order to Show Cause/Immediate
Suspension of Registration to James S. Bischoff, M.D. (Dr. Bischoff)
who was notified of an opportunity to show cause as to why DEA should
not revoke his DEA Certificate of Registration BB0377247 under 21
U.S.C. 824(a)(4) and deny any pending applications for renewal or
modification of that registration under 21 U.S.C. 823(f). Dr. Bischoff
was further notified that his registration was being immediately
suspended under 21 U.S.C. 824(d) as an imminent danger to the public
health and safety.
The Order to Show Cause alleged in relevant part, that Dr. Bischoff
diverted controlled substances through larceny and fraudulent
prescriptions, failed to maintain required records, could not account
for 32,000 dosage units of controlled substances and dispensed
controlled substances to individuals without a bona fide doctor-patient
relationship or legitimate medical purpose. The Order to Show Cause
also notified Dr. Bischoff that should no request for a hearing be
filed within 30 days, his hearing right would be deemed waived.
On July 14, 2004, a DEA investigator personally served the Order to
Show Cause/Immediate Suspension of Registration on Dr. Bischoff at the
offices of the Ennis, Montana Police Department. Since that date, DEA
has not received a request for a hearing or any other reply from Dr.
Bischoff or anyone purporting to represent him in this matter.
Therefore, the Deputy Administrator of DEA, finding that (1) thirty
days having passed since personal delivery of the Order to Show Cause/
Immediate Suspension of Registration to the registrant and (2) no
request for hearing having been received, concludes that Dr. Bischoff
is deemed to have waived his hearing right. See David W. Linder, 67 FR
12579 (2002). After considering material from the investigative file in
this matter, the Deputy Administrator now enters her final order
without a hearing pursuant to 21 CFR 1301.43(d) and (e) and 1301.46.
The Deputy Administrator finds that Dr. Bischoff is registered with
DEA as a practitioner under Certificate of Registration BB0377247. Dr.
Bischoff's registered location is also his residence, which is located
in Ennis, Montana.
In April 2003, Dr. Bischoff took ``Patient B,'' a 16-year-old high
school student, to an out of town physician specialist for emergency
treatment after the boy's had was cut in an accident. Dr. Bischoff was
a friend of the boy's father and step-mother and would come to their
home for social visits/dinners. They were both out of town at the time
of the accident and Dr. Bischoff volunteered to take the boy to the
specialist. While the specialist did not recommend any treatment with
controlled substances, Dr. Bischoff wrote the boy a prescription for
100 tablets of Oxycontin, a Schedule II narcotic controlled substance,
which he personally picked up a local pharmacy. However, he delivered
only 20 tablets to the boy, unlawfully diverting the
[[Page 12735]]
remaining 80 tables to his own use or that of someone else.
Around the same time Dr. Bischoff wrote a second prescription in
the name of Patient B, for 120 tablets of the Schedule II controlled
substance Adderall. He also picked that prescription up at a local
pharmacy, supposedly on behalf of the boy, but never delivered it to
the boy or his parents, diverting the controlled substance to his
personal use or for that of another.
In September 2003, Dr. Bischoff wrote the boy another prescription
for 120 tablets of Adderall, which was picked up by the boy's sister.
However, the father and step-mother were unaware Dr. Bischoff had
prescribed the medication, which the boy began taking, thinking he was
supposed to. When his step-mother discovered the bottle a couple of
weeks later, she found out for the first time that Dr. Bischoff was
prescribing Adderall to the boy. After checking with the regular family
physician, she was advised the dosage instructions and strength of the
medication were excessive. Fortunately, the boy only took 12 of the
tablets and stopped using them because of their effect.
She then checked with the pharmacy where the prescription was
filled and discovered Dr. Bischoff had issued multiple fraudulent
prescriptions for controlled substances in the names of family members,
which he personally picked up, telling pharmacists he was a close
friend and the purported patients were too busy to get to the pharmacy.
She also discovered Dr. Bischoff had falsely told the pharmacy her
stepson, then 16 years old, was 18, thus avoiding a requirement for a
parent to sign when prescriptions were picked up.
Investigators subsequently determined Dr. Bischoff had written and
filled seven prescriptions for controlled substances in the name of
Patient B, along with multiple prescriptions in the names of other
family members who were not his patients, all without their knowledge.
During the period January 2001 through January 2003, Dr. Bischoff
ordered approximately 46,000 doses of Schedule III and IV controlled
substances from a supplier, including various anti-depressants, anti-
anxiety, sleep medications, amphetamines and narcotics. After Dr.
Bischoff was served with a Notice of Inspection at his registered
premises, he declined to permit an inspection or provide investigators
with any of the records he was required to keep.
On March 10, 2004, Dr. Bischoff was served with an Administrative
Inspection Warrant. Controlled substances were found in the basement of
his home/registered location, but he had very few actual patient
records and no records of receipt, inventory, dispensation or
accountability for controlled substances, violating 21 U.S.C. 827(a)
and 842(a)(5). Dr. Bischoff was unable to account for 32,000 dosage
units of controlled substances and refused to provide any records or
otherwise account for their distribution or whereabouts.
Additional investigation determined Dr. Bischoff had written
fraudulent prescriptions for controlled substances to several other
area pharmacies during 2003. Interviews with professionals at some of
his previous clinic and hospital affiliations also indicated he was
known to be involved in inappropriate dispensation and prescribing of
controlled substances.
On February 29, 2004, Dr. Bischoff gave a Schedule II controlled
substance to a woman he was having dinner with. She was on probation at
the time for a controlled substance offense. This distribution was done
without a legitimate medical purpose and was outside the usual course
of professional practice.
Under Federal and Montana law, for a doctor to be acting in the
usual course of professional practice, there must be a bona fide
doctor/patient relationship. Investigative review of Dr. Bischoff's
computer records indicated he was not maintaining patient records, yet
was prescribing controlled substances for individuals, both inside and
outside Montana. He prescribed drugs directly to individuals without
the benefit of examination or clinical determination of a valid medical
purpose and in many cases, there was no evidence Dr. Bischoff had
established any actual doctor-patient relationship with these
individuals. These controlled substances were dispensed either directly
or by prescription, in violation of 21 CFR 1306.04.
Pursuant to 21 U.S.C. 823(f) and 824(a)(4), the Deputy
Administrator may revoke a DEA Certificate of Registration and deny any
pending applications for renewal of such registration, if she
determines that the continued registration would be inconsistent with
the public interest. Section 823(f) requires that the following factors
be considered in determining the public interest:
(1) The recommendation of the appropriate state licensing board or
professional disciplinary authority.
(2) The applicant's experience in dispensing, or conducting
research with respect to controlled substances.
(3) The applicant's conviction record under Federal or State laws
relating to the manufacture, distribution, or dispensing of controlled
substances.
(4) Compliance with applicable State, Federal, or local laws
relating to controlled substances.
(5) Such other conduct which may threaten the public health or
safety.
These factors are considered in the disjunctive; the Deputy
Administrator may rely on any one or a combination of factors and may
give each factor the weight she deems appropriate in determining
whether a registration should be revoked or an application for
registration denied. See Henry J. Schwartz, Jr., M.D., 54 FR 16,422
(1989).
As to factor one, the recommendation of the appropriate state
licensing board or professional disciplinary authority, there is no
evidence in the investigative file that the State of Montana has yet
taken adverse action against Respondent's medical license. However,
``inasmuch as State licensure is a necessary but not sufficient
condition for a DEA registration * * * this factor is not
dispositive.'' See Edson W. Redard, M.D., 65 FR 30,616, 30,619 (2000).
With regard to factors two and four, Respondent's experience in
handling controlled substances and his compliance with applicable
controlled substance laws, the investigative file contains ample
evidence Dr. Bischoff unlawfully distributed, prescribed and diverted
controlled substances over an extensive period. He grossly failed to
comply with accountability record keeping requirements or maintain
minimally acceptable patient files documenting medical necessity for
controlled substance prescriptions. He could not account for 32,000
dosage units of controlled substances delivered to his residence/office
and wrote fraudulent prescriptions for controlled substances for non-
patients, which he personally picked up and never delivered to their
purported recipients. He also prescribed controlled substances to
individuals without bona fide doctor-patient relationships and
dispensed medically unnecessary or inappropriate drugs to a minor
without his parents' knowledge.
While the evidence does not reveal whether Dr. Bischoff diverted
controlled substances for personal use or for others, it is clear he
failed abysmally to meet the rudimentary responsibilities of a
physician and registrant. Thus, factors two and four weigh in favor of
a finding that continued registration would be inconsistent with the
public interest.
Factor three, the applicant's conviction record under Federal or
State
[[Page 12736]]
laws relating to the manufacture, distribution, or dispensing of
controlled substances, is not relevant for consideration, as there is
no evidence Dr. Bischoff has yet been convicted of any crime related to
controlled substances. However, it is noted the investigation has been
provided to local authorities for possible initiation of criminal
charges.
With respect to factor five, other conduct that many threaten the
public health and safety, Respondent's actions discussed above are also
relevant under this factor. The Deputy Administrator is particularly
troubled by Dr. Bischoff's abuse of the trust placed in him as a family
friend and physician, both by the minor and his parents and by Dr.
Bischoff's calculated efforts to obtain controlled substances through
fraud and misrepresentation.
In sum, Dr. Bischoff's cavalier disregard for the law and
regulations governing controlled substances and the abandonment of his
responsibilities as a physician and registrant cannot be tolerated.
They weigh heavily in favor of a finding that his continued
registration would not be in the public interest.
Accordingly, the Deputy Administrator of the Drug Enforcement
Administration, pursuant to the authority vested in her by 21 U.S.C.
823 and 28 CFR 0.100(b), and 0.104, hereby orders that DEA Certificate
of Registration BB0377247, issued to James S. Bischoff, M.D., be, and
it hereby is, revoked. The Deputy Administrator further orders that any
pending applications for renewal or modification of such registration
be, and they hereby are, denied. This order is effective April 14,
2005.
Dated: February 24, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-5072 Filed 3-14-05; 8:45 am]
BILLING CODE 4410-09-M
