Sunshine Act Meetings, 40383 [08-1431]
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Federal Register / Vol. 73, No. 135 / Monday, July 14, 2008 / Notices
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handle controlled substances who is
without authority to handle controlled
substances in the State in which he
practices’’ medicine. Id. at 2 (citing 21
U.S.C. 823(f)).
In support of its motion, the
Government attached a copy of the
Interim Order. The Interim Order
specifically stated that Respondent
‘‘shall be precluded from all patient
contact and any practice of medicine,
clinical or otherwise. Licensee shall be
precluded from diagnosing, treating,
operating, or prescribing for any human
disease, pain, injury, deformity, or
physical condition.’’ In re Chait,
Stipulation and Application for an
Interim Non-Disciplinary Order of
Conditions Pursuant to N.Y. Pub. Health
Law § 230, at 3. The Interim Order also
directed Respondent to ‘‘surrender [his]
Controlled Substance Registration
Certificate to the United States
Department of Justice, Drug
Enforcement Administration, within 15
days of the effective date of this Order.’’
Id. at 4.1
Although the ALJ ordered Respondent
to respond by November 20, 2007, he
did not. The ALJ then granted the
Government’s motion.
The ALJ observed that while the
Interim Order did not ‘‘make any
findings of misconduct as to the matters
under investigation, it does prohibit the
Respondent from having any patient
contact and from practicing medicine.’’
ALJ Dec. at 3. The ALJ also explained
that ‘‘the Board’s Order clearly states
that the Respondent is barred from
diagnosing, treating, operating, or
prescribing for any human disease, pain,
injury, deformity, or physical condition,
and is required to surrender his DEA
Registration * * * within 15 days of the
effective date of the Board’s Order.’’ Id.
The ALJ thus ‘‘conclude[d] that * * *
Respondent currently lacks authority to
practice medicine in the State of New
York or to prescribe controlled
substances in that State.’’ Id. Because
DEA lacks authority under the
Controlled Substances Act to register
(and to continue an existing registration
of) a practitioner who lacks authority
under state law to handle controlled
substances, the ALJ recommended that
Respondent’s registration be revoked.
Id. at 4–5 (citing cases). The ALJ then
1 The Government also attached a copy of a
webpage maintained by the N.Y. Department of
Health, entitled ‘‘Professional Misconduct and
Physician Discipline.’’ This document indicates
that the Interim Order precludes Respondent from
the clinical practice of medicine in New York State
‘‘until the final disposition of the current
investigation being conducted by the New York
State Office of Professional Medical Conduct.’’
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17:08 Jul 11, 2008
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forwarded the record to me for final
agency action.
Having considered the record as a
whole, I adopt the ALJ’s decision in its
entirety. I find that Respondent holds a
current registration which does not
expire until August 31, 2009. I further
find that effective May 17, 2007, the
New York State Department of Health,
State Board for Professional Medical
Conduct, issued an Interim Order which
precludes Respondent from practicing
medicine and prescribing drugs, Interim
Order at 3, and that this Order remains
in effect. Therefore, even though
Respondent’s state medical license has
not been suspended or revoked, it is
clear that he is not permitted to handle
controlled substances in the State of
New York, the State in which he holds
his DEA registration.2
Under the Controlled Substances Act
(CSA), a practitioner must be currently
authorized to handle controlled
substances in ‘‘the jurisdiction in which
he practices’’ in order to maintain a
DEA registration. See 21 U.S.C. 802(21)
(‘‘[t]he term ‘practitioner’ means a
physician * * * licensed, registered, or
otherwise permitted, by * * * the
jurisdiction in which he practices * * *
to distribute, dispense, [or] administer
* * * a controlled substance in the
course of professional practice’’). See
also id. § 823(f) (‘‘The Attorney General
shall register practitioners * * * if the
applicant is authorized to dispense
* * * controlled substances under the
laws of the State in which he
practices.’’). As these provisions make
plain, possessing authority under state
law to handle controlled substances is
an essential condition for holding a DEA
registration.
That the State has not formally
revoked or suspended Respondent’s
state license is not dispositive. Because
Respondent is not ‘‘authorized under’’
state law, ‘‘or otherwise permitted[] by
* * * the jurisdiction in which he
practices’’ to handle controlled
substances ‘‘in the course of
professional practice,’’ and is in fact
currently precluded from engaging in
the practice of medicine, he is not
entitled to hold a registration under the
CSA. See Julian A. Abbey, M.D., 72 FR
10788, 10788–89 (2007) (revoking
registration of practitioner who had
entered into a voluntary agreement with
the State to cease the practice of
medicine). Accordingly, Respondent’s
registration will be revoked.
Order
Pursuant to the authority vested in me
by 21 U.S.C. 823(f) & 824(a), as well as
28 CFR 0.100(b) & 0.104, I hereby order
that DEA Certificate of Registration,
BC2825151, issued to Michael Chait,
M.D., be, and it hereby is, revoked. I
further order that any pending
application of Michael Chait, M.D., for
renewal or modification of his
registration be, and it hereby is, denied.
This order is effective August 13, 2008.
Dated: July 2, 2008.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E8–15938 Filed 7–11–08; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Foreign Claims Settlement
Commission
[F.C.S.C. Meeting Notice No. 6–08]
Sunshine Act Meetings
The Foreign Claims Settlement
Commission, pursuant to its regulations
(45 CFR part 504) and the Government
in the Sunshine Act (5 U.S.C. 552b),
hereby gives notice in regard to the
scheduling of meetings for the
transaction of Commission business and
other matters specified, as follows:
DATE AND TIME:
Frm 00101
Fmt 4703
Sfmt 4703
Thursday, July 31, 2008,
at 10:30 a.m.
SUBJECT MATTER: Issuance of Proposed
Decisions, Amended Proposed
Decisions, and Orders in claims against
Albania.
Open.
All meetings are held at the Foreign
Claims Settlement Commission, 600 E
Street, NW., Washington, DC. Requests
for information, or advance notices of
intention to observe an open meeting,
may be directed to: Administrative
Officer, Foreign Claims Settlement
Commission, 600 E Street, NW., Room
6002, Washington, DC 20579.
Telephone: (202) 616–6988.
STATUS:
Mauricio J. Tamargo,
Chairman.
[FR Doc. 08–1431 Filed 7–10–08; 3:20 pm]
BILLING CODE 4410–01–P
2 I further note that there is no evidence that
Respondent has surrendered his DEA registration.
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40383
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[Federal Register Volume 73, Number 135 (Monday, July 14, 2008)]
[Notices]
[Page 40383]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-1431]
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DEPARTMENT OF JUSTICE
Foreign Claims Settlement Commission
[F.C.S.C. Meeting Notice No. 6-08]
Sunshine Act Meetings
The Foreign Claims Settlement Commission, pursuant to its
regulations (45 CFR part 504) and the Government in the Sunshine Act (5
U.S.C. 552b), hereby gives notice in regard to the scheduling of
meetings for the transaction of Commission business and other matters
specified, as follows:
Date and Time: Thursday, July 31, 2008, at 10:30 a.m.
Subject Matter: Issuance of Proposed Decisions, Amended Proposed
Decisions, and Orders in claims against Albania.
Status: Open.
All meetings are held at the Foreign Claims Settlement Commission,
600 E Street, NW., Washington, DC. Requests for information, or advance
notices of intention to observe an open meeting, may be directed to:
Administrative Officer, Foreign Claims Settlement Commission, 600 E
Street, NW., Room 6002, Washington, DC 20579. Telephone: (202) 616-
6988.
Mauricio J. Tamargo,
Chairman.
[FR Doc. 08-1431 Filed 7-10-08; 3:20 pm]
BILLING CODE 4410-01-P
