Lance L. Gooberman, M.D.; Denial of Registration, 28579-28580 [05-9834]
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Federal Register / Vol. 70, No. 95 / Wednesday, May 18, 2005 / Notices
that Dr. DeFrank’s continued
registration 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 824 and 28 CFR 0.100(b) and 0.104,
hereby orders that DEA Certificate of
Registration DB8259346, issued to
Salvatore DeFrank, D.P.M., 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 June 17, 2005.
Dated: May 9, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05–9838 Filed 5–17–05; 8:45 am]
BILLING CODE 4410–09–M
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 04–30]
Lance L. Gooberman, M.D.; Denial of
Registration
On March 15, 2004, the Deputy
Assistant Administrator, Office of
Diversion Control, Drug Enforcement
Administration (DEA), issued an Order
to Show Cause to Lance L. Gooberman,
M.D. (Dr. Gooberman), notifying him of
an opportunity to show cause as to why
DEA should not revoke his DEA
Certificate of Registration, AG9773703,
as a practitioner, pursuant to 21 U.S.C.
824(a)(3) and (a)(4) and deny any
pending applications for renewal or
modification of that registration
pursuant to 21 U.S.C. 823(f).
The Order to Show Cause alleged that
Dr. Gooberman’s license to practice
medicine in New Jersey, where he was
registered, had been suspended by the
State of New Jersey, Board of Medical
Examiners (New Jersey Board) and he
was not authorized to handle controlled
substances in that state.
On April 13, 2004, Dr. Gooberman,
acting pro se, requested a hearing and
on April 20, 2004, Administrative Law
Judge Gail A. Randall (Judge Randall)
issued an Order for Prehearing
Statements. On July 7, 2004, in response
to a Government motion for
Consolidation, Judge Randall ordered
Dr. Gooberman’s case consolidated with
the pending case of David W. Bradway,
M.D. (Docket No. 04–27]. Dr. Bradway
had been in practice with Dr.
Gooberman and they had been
disciplined by the New Jersey Board in
VerDate jul<14>2003
16:59 May 17, 2005
Jkt 205001
a joint proceeding, for the same
professional misconduct.
After authorized delays, on September
8, 2004, counsel for the Government
filed a Motion for Summary Disposition.
It alleged that on July 14, 2004, the
Commonwealth of Pennsylvania,
Department of State, State Board of
Medicine (Pennsylvania Board) issued
an Adjudication and Order suspending
Dr. Gooberman’s Pennsylvania medical
license. That action was predicated on
the New Jersey Board’s Final Order of
March 10, 2003, which suspended Dr.
Gooberman’s New Jersey medical
license for a period of two years from
the Order’s effective date of June 19,
2003. The Government attached a copy
of both the Pennsylvania and New
Jersey Orders and argued that, since Dr.
Dooberman’s licenses to practice
medicine in New Jersey and
Pennsylvania were both suspended, he
was not authorized to handle controlled
substances in the jurisdiction of his
registration and ineligible for a
modification of location to
Pennsylvania.
Judge Randall issued an order allow
Dr. Gooberman to respond to the
Government’s motion. Having noticed
that Dr. Gooberman’s DEA Certificate of
Registration had expired prior to
initiation of the show cause
proceedings, she also directed the
Government to address the impact of its
apparent expiration.
The Government replied that Dr.
Gooberman submitted a renewal
application one week before his
registration’s expiration. On the
application, Dr. Gooberman noted he
had left New Jersey and requested a
change in registered location to an
address in Pennsylvania. Judge Randall
agreed with the Government that Dr.
Gooberman’s New Jersey registration
was terminated by operation of law and
that his request for an address
modification must be treated as an
application for registration in
Pennsylvania. See 21 CFR 1301.51 and
1301.52.
The Government argued Dr.
Gooberman’s application was thus still
pending before the administrative law
judge and, based on lack of state
authority to handle controlled
substances in Pennsylvania, the
Government moved for summary
disposition. When Dr. Gooberman was
given an opportunity to respond, he
acknowledged his New Jersey and
Pennsylvania licenses were suspended
and that he did not ‘‘have a basis on
which to hold a DEA Certificate of
reigstration at this time.’’ Thus, he did
not oppose the Government’s motion.
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
28579
On October 14, 2004, Judge Randall
issued her Order, Opinion and
Recommended Decision of the
Administrative Law Judge (Opinion and
Recommended Decision). As part of her
recommended ruling, Judge Randall
granted the Government’s Motion for
Summary Disposition, finding Dr.
Gooberman’s New Jersey DEA
registration had terminated by operation
of law and he lacked authorization to
handle controlled substances in
Pennsylvania, the jurisdiction where he
was seeking registration.
In granting the Government’s motion,
Judge Randall recommended that Dr.
Gooberman’s application to renew and
modify his registration be denied. No
exceptions to the Opinion and
Recommended Decision were filed and
on November 23, 2004, Judge Randall
forwarded her Opinion and
Recommended Decision to the Deputy
Administrator for final order pursuant
to 21 CFR 1316.65(c).
The Deputy Administrator has
considered the record in its entirety and
pursuant to 21 CFR 1316.67, hereby
issues her final order based upon
findings of fact and conclusions of law
as hereinafter set forth. The Deputy
Administrator adopts, in full, the
Opinion and Recommended Decision of
the Administrative Law Judge.
The Deputy Administrator finds Dr.
Gooberman currently possesses DEA
Certificate of Registration AG9773703,
as a practitioner in schedules II through
V, with a registered location in
Merchantville, New Jersey. On
September 30, 2003, that registration
was due to expire. However, a week
earlier, Dr. Gooberman submitted a
renewal application, requesting a
change to a Pennsylvania location.
Because Dr. Gooberman had abandoned
his New Jersey registered location,
Certificate of Registration AG9773703
was terminated under 21 CFR 1301.52.
The Deputy Administrator finds Dr.
Gooberman’s license to practice
medicine in New Jersey was suspended
by the New Jersey Board’s Final Order
of March 10, 2003, and his Pennsylvania
license was suspended by the
Pennsylvania Board’s Adjudication and
Order of July 14, 2004. There is no
evidence before the Deputy
Administrator that either the New Jersey
or Pennsylvania Orders have been lifted,
stayed or modified. Therefore, the
Deputy Administrator finds Dr.
Gooberman is currently not licensed to
practice medicine in either New Jersey
or Pennsylvania. As a result, it is
reasonable to infer he is also without
authorization to handle controlled
substances in either state.
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18MYN1
28580
Federal Register / Vol. 70, No. 95 / Wednesday, May 18, 2005 / Notices
DEA does not have statutory authority
under the Controlled Substances Act to
issue or maintain a registration if the
applicant or registrant is without state
authority to handle controlled
substances in the state in which he
conducts business. See 21 U.S.C.
802(21), 823(f) and 824(a)(3). this
prerequisite has been consistently
upheld. See Stephen J. Graham, M.D.,
69 FR 11,661 (2004); Dominick A. Ricci,
M.D., 58 FR 51104 (1993); Bobby Watts,
M.D., 53 FR 11,919 (1988). Revocation
is also appropriate when a State license
has been suspended, but with
possibility of future reinstatement. See
Alton E. Ingram, Jr., M.D., 69 FR 22,562
(2004); Ann Lazar Thorn, M.D., 62 FR
847 (1997)
Here, it is clear Dr. Goobermen is not
currently licensed to handle controlled
substances in Pennsylvania, where he
seeks registration with DEA. Therefore,
he is not entitled to such a registration.
Accordingly, the Deputy
Administrator of the Drug Enforcement
Administration, pursuant to the
authority vested in her by 21 U.S.C. 823
and 824 and 28 CFR 0.100(b) and 0.104,
hereby orders that the pending
application of Lance L. Gooberman,
M.D., for registration be, and it hereby
is, denied. This order is effective June
17, 2005.
Dated: May 9, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05–9834 Filed 5–17–05; 8:45 am]
BILLING CODE 4410–09–M
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 05–01]
Katarzyna Rygiel, M.D.; Revocation of
Registration
On September 3, 2004, the Deputy
Assistant Administrator, Office of
Diversion Control, Drug Enforcement
Administration (DEA), issued an Order
to Show Cause to Katarzyna Rygiel,
M.D. (Dr. Rygiel) of San Diego,
California, notifying her of an
opportunity to show cause as to why
DEA should not revoke her DEA
Certificate of Registration BK4222179,
as a practitioner, pursuant to 21 U.S.C.
824(a)(3) and deny any pending
applications for renewal of that
registration pursuant to 21 U.S.C. 823(f).
As the basis for revocation, the Order to
Show Cause alleged that Dr. Rygiel’s
license to practice medicine in
California had been revoked and
accordingly, she was not authorized to
VerDate jul<14>2003
14:03 May 17, 2005
Jkt 205001
handle controlled substances in
California, the state in which she is
registered.
In a letter dated October 6, 2004,
through her counsel, Dr. Rygiel timely
requested a hearing in this matter. In
that letter she admitted the California
Medical Board had revoked her license
but argued that decision was being
reviewed by the Superior Court of
California, County of San Diego.
On October 13, 2004, the government
filed a Motion for Summary Disposition,
requesting that Administrative Law
Judge Gail A. Randall (Judge Randall)
summarily dismiss the action, arguing
that Dr. Rygiel lacked state authority to
handle controlled substances in
California. On October 14, 2004, Judge
Randall issued an Order staying
proceedings and affording Dr. Rygiel an
opportunity to respond to the
Government’s motion. Dr. Rygiel then
filed a Motion for Further Stay of
Proceedings and Opposition to
Government’s Motion for Summary
Adjudication and Alternatively, Motion
for Stay of Judgment (Response). In that
Response Dr. Rygiel acknowledged she
was currently without state authority to
practice medicine in California but
argued the DEA hearing should be
stayed until the San Diego Superior
Court had issued an anticipated
decision in her favor.
On November 22, 2004, Judge Randall
issued her Order, Opinion and
Recommended Decision of the
Administrative Law Judge (Opinion and
Recommended Decision). As part of her
recommended ruling, Judge Randall
granted the Government’s Motion for
Summary Disposition, finding Dr.
Rygiel lacked authorization to handle
controlled substances in California, the
jurisdiction in which she is registered.
Judge Randall recommended that Dr.
Rygiel’s DEA registration be revoked. No
exceptions were filed by either party to
the Opinion and Recommended
Decision and on January 11, 2005, the
record of these proceedings was
transmitted to the Office of the DEA
Deputy Administrator.
The Deputy Administrator has
considered the record in its entirety and
pursuant to 21 CFR 1316.67, hereby
issues her final order based upon
findings of fact and conclusions of law
as hereinafter set forth. The Deputy
Administrator adopts, in full, the
Opinion and Recommended Decision of
the Administrative Law Judge.
The Deputy Administrator finds that
Dr. Rygiel holds DEA Certificate of
Registration, BK4222179. The Deputy
Administrator further finds that on
March 16, 2004, the Division of Medical
Quality, Medical Board of California,
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
Department of Consumer Affairs, State
of California (Board) issued a Decision
revoking Dr. Rygiel’s Physician and
Surgeon’s Certificate. In that Decision,
the Board adopted a February 13, 2004,
Proposed Decision of a California
Administrative Law Judge which
recommended revocation of Dr. Rygiel’s
medical license on certain enumerated
grounds.
There is no evidence in the record
indicating the Board’s Decision has been
stayed or set aside by judicial action,
rescinded by the Board or that Dr.
Rygiel’s license has been reinstated.
Therefore, the Deputy Administrator
finds that Dr. Rygiel is currently not
licensed to practice medicine in
California and, as a result, it is
reasonable to infer that she is also
without authorization to handle
controlled substances in that state.
DEA does not have statutory authority
under the Controlled Substances Act to
issue or maintain a registration if the
applicant or registrant is without state
authority to handle controlled
substances in the state in which she
conducts business. See 21 U.S.C.
802(21), 823(f) and 824(a)(3). This
prerequisite has been consistently
upheld. See Gabriel Sagun Orzame,
M.D., 69 FR 58959 (2004); Dominick A.
Ricci, M.D., 58 FR 51104 (1993); Bobby
Watts, M.D., 53 FR 11919 (1988).
Here, it is clear that Dr. Rygiel is not
currently authorized to handle
controlled substances in California,
where she is registered with DEA.
Therefore, she is not entitled to
maintain that registration. Accordingly,
the Deputy Administrator of the Drug
Enforcement Administration, pursuant
to the authority vested in her by 21
U.S.C. 823 and 824 and 28 CFR 0.100(b)
and 0.104, hereby orders that DEA
Certificate of Registration, BK4222179,
issued to Katarzyna Rygiel, 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 June 17, 2005.
Dated: May 9, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05–9837 Filed 5–17–05; 8:45 am]
BILLING CODE 4410–09–M
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Rebecca Sotelo Denial of Registration
On October 6, 2004, the Deputy
Assistant Administrator, Office of
E:\FR\FM\18MYN1.SGM
18MYN1
]]>Agencies
[Federal Register Volume 70, Number 95 (Wednesday, May 18, 2005)]
[Notices]
[Pages 28579-28580]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9834]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 04-30]
Lance L. Gooberman, M.D.; Denial of Registration
On March 15, 2004, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Lance L. Gooberman, M.D. (Dr. Gooberman),
notifying him of an opportunity to show cause as to why DEA should not
revoke his DEA Certificate of Registration, AG9773703, as a
practitioner, pursuant to 21 U.S.C. 824(a)(3) and (a)(4) and deny any
pending applications for renewal or modification of that registration
pursuant to 21 U.S.C. 823(f).
The Order to Show Cause alleged that Dr. Gooberman's license to
practice medicine in New Jersey, where he was registered, had been
suspended by the State of New Jersey, Board of Medical Examiners (New
Jersey Board) and he was not authorized to handle controlled substances
in that state.
On April 13, 2004, Dr. Gooberman, acting pro se, requested a
hearing and on April 20, 2004, Administrative Law Judge Gail A. Randall
(Judge Randall) issued an Order for Prehearing Statements. On July 7,
2004, in response to a Government motion for Consolidation, Judge
Randall ordered Dr. Gooberman's case consolidated with the pending case
of David W. Bradway, M.D. (Docket No. 04-27]. Dr. Bradway had been in
practice with Dr. Gooberman and they had been disciplined by the New
Jersey Board in a joint proceeding, for the same professional
misconduct.
After authorized delays, on September 8, 2004, counsel for the
Government filed a Motion for Summary Disposition. It alleged that on
July 14, 2004, the Commonwealth of Pennsylvania, Department of State,
State Board of Medicine (Pennsylvania Board) issued an Adjudication and
Order suspending Dr. Gooberman's Pennsylvania medical license. That
action was predicated on the New Jersey Board's Final Order of March
10, 2003, which suspended Dr. Gooberman's New Jersey medical license
for a period of two years from the Order's effective date of June 19,
2003. The Government attached a copy of both the Pennsylvania and New
Jersey Orders and argued that, since Dr. Dooberman's licenses to
practice medicine in New Jersey and Pennsylvania were both suspended,
he was not authorized to handle controlled substances in the
jurisdiction of his registration and ineligible for a modification of
location to Pennsylvania.
Judge Randall issued an order allow Dr. Gooberman to respond to the
Government's motion. Having noticed that Dr. Gooberman's DEA
Certificate of Registration had expired prior to initiation of the show
cause proceedings, she also directed the Government to address the
impact of its apparent expiration.
The Government replied that Dr. Gooberman submitted a renewal
application one week before his registration's expiration. On the
application, Dr. Gooberman noted he had left New Jersey and requested a
change in registered location to an address in Pennsylvania. Judge
Randall agreed with the Government that Dr. Gooberman's New Jersey
registration was terminated by operation of law and that his request
for an address modification must be treated as an application for
registration in Pennsylvania. See 21 CFR 1301.51 and 1301.52.
The Government argued Dr. Gooberman's application was thus still
pending before the administrative law judge and, based on lack of state
authority to handle controlled substances in Pennsylvania, the
Government moved for summary disposition. When Dr. Gooberman was given
an opportunity to respond, he acknowledged his New Jersey and
Pennsylvania licenses were suspended and that he did not ``have a basis
on which to hold a DEA Certificate of reigstration at this time.''
Thus, he did not oppose the Government's motion.
On October 14, 2004, Judge Randall issued her Order, Opinion and
Recommended Decision of the Administrative Law Judge (Opinion and
Recommended Decision). As part of her recommended ruling, Judge Randall
granted the Government's Motion for Summary Disposition, finding Dr.
Gooberman's New Jersey DEA registration had terminated by operation of
law and he lacked authorization to handle controlled substances in
Pennsylvania, the jurisdiction where he was seeking registration.
In granting the Government's motion, Judge Randall recommended that
Dr. Gooberman's application to renew and modify his registration be
denied. No exceptions to the Opinion and Recommended Decision were
filed and on November 23, 2004, Judge Randall forwarded her Opinion and
Recommended Decision to the Deputy Administrator for final order
pursuant to 21 CFR 1316.65(c).
The Deputy Administrator has considered the record in its entirety
and pursuant to 21 CFR 1316.67, hereby issues her final order based
upon findings of fact and conclusions of law as hereinafter set forth.
The Deputy Administrator adopts, in full, the Opinion and Recommended
Decision of the Administrative Law Judge.
The Deputy Administrator finds Dr. Gooberman currently possesses
DEA Certificate of Registration AG9773703, as a practitioner in
schedules II through V, with a registered location in Merchantville,
New Jersey. On September 30, 2003, that registration was due to expire.
However, a week earlier, Dr. Gooberman submitted a renewal application,
requesting a change to a Pennsylvania location. Because Dr. Gooberman
had abandoned his New Jersey registered location, Certificate of
Registration AG9773703 was terminated under 21 CFR 1301.52.
The Deputy Administrator finds Dr. Gooberman's license to practice
medicine in New Jersey was suspended by the New Jersey Board's Final
Order of March 10, 2003, and his Pennsylvania license was suspended by
the Pennsylvania Board's Adjudication and Order of July 14, 2004. There
is no evidence before the Deputy Administrator that either the New
Jersey or Pennsylvania Orders have been lifted, stayed or modified.
Therefore, the Deputy Administrator finds Dr. Gooberman is currently
not licensed to practice medicine in either New Jersey or Pennsylvania.
As a result, it is reasonable to infer he is also without authorization
to handle controlled substances in either state.
[[Page 28580]]
DEA does not have statutory authority under the Controlled
Substances Act to issue or maintain a registration if the applicant or
registrant is without state authority to handle controlled substances
in the state in which he conducts business. See 21 U.S.C. 802(21),
823(f) and 824(a)(3). this prerequisite has been consistently upheld.
See Stephen J. Graham, M.D., 69 FR 11,661 (2004); Dominick A. Ricci,
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11,919 (1988).
Revocation is also appropriate when a State license has been suspended,
but with possibility of future reinstatement. See Alton E. Ingram, Jr.,
M.D., 69 FR 22,562 (2004); Ann Lazar Thorn, M.D., 62 FR 847 (1997)
Here, it is clear Dr. Goobermen is not currently licensed to handle
controlled substances in Pennsylvania, where he seeks registration with
DEA. Therefore, he is not entitled to such a registration.
Accordingly, the Deputy Administrator of the Drug Enforcement
Administration, pursuant to the authority vested in her by 21 U.S.C.
823 and 824 and 28 CFR 0.100(b) and 0.104, hereby orders that the
pending application of Lance L. Gooberman, M.D., for registration be,
and it hereby is, denied. This order is effective June 17, 2005.
Dated: May 9, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-9834 Filed 5-17-05; 8:45 am]
BILLING CODE 4410-09-M
