John G. Costino, D.O.; Dismissal of Proceeding, 4940 [2011-1692]
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Federal Register / Vol. 76, No. 18 / Thursday, January 27, 2011 / Notices
Dated: January 18, 2011.
Michele M. Leonhart,
Administrator.
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) and 0.104, I hereby
order that the Order to Show Cause
issued to John G. Costino, D.O., be, and
it hereby is, dismissed.
[FR Doc. 2011–1694 Filed 1–26–11; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
John G. Costino, D.O.; Dismissal of
Proceeding
mstockstill on DSKH9S0YB1PROD with NOTICES
Drug Enforcement Administration
Dated: January 18, 2011.
Michele M. Leonhart,
Administrator.
[FR Doc. 2011–1692 Filed 1–26–11; 8:45 am]
BILLING CODE 4410–09–P
On June 1, 2010, the Deputy Assistant
Administrator, Office of Diversion
Control, issued an Order to Show Cause
to John G. Costino, D.O. (Respondent),
of North Wildwood, New Jersey. The
Show Cause Order proposed the
revocation of Respondent’s DEA
Certificate of Registration, AC5210480,
and the denial of pending applications
to renew or modify his registration, on
the ground that ‘‘[a]s a result of actions
by the New Jersey State Medical Board,
[Respondent is] currently without
authority to handle controlled
substances in the State of New Jersey,
the state in which [he is] registered with
DEA.’’ Show Cause Order at 1. The
Show Cause Order also notified
Respondent of his right to request a
hearing on the allegations or to submit
a written statement in lieu of hearing,
the procedures for doing either, and the
consequence for failing to do either. Id.
at 2 (citing 21 CFR 1301.43(a), (c), (d) &
(e)).
On June 17, 2010, Respondent filed a
letter with the Hearing Clerk in which
he noted that he had filed an appeal of
some unspecified action and that he was
‘‘requesting reinstatement of [his]
medical license among other things.’’
Letter of Respondent to Hearing Clerk
(June 14, 2010). Therein, Respondent
also filed a request to waive his right to
a hearing. Id.
Thereafter, the Government submitted
the record to me for Final Agency
Action. Based on Respondent’s letter to
the Hearing Clerk, I find that
Respondent has waived his right to a
hearing. I further find, however, that
Respondent’s registration expired on
August 31, 2010, and that Respondent
has not filed a renewal application.
It is well settled that ‘‘[i]f a registrant
has not submitted a timely renewal
application prior to the expiration date,
then the registration expires and there is
nothing to revoke.’’ Ronald J. Riegel, 63
FR 67132, 67133 (1998); see also
William W. Nucklos, 73 FR 34330
(2008). Because Respondent’s
registration has expired and there is no
pending application to act upon, I
conclude that this case is now moot.
VerDate Mar<15>2010
17:51 Jan 26, 2011
Jkt 223001
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Algirdas J. Krisciunas, M.D.;
Revocation of Registration
On January 19, 2010, I, the Deputy
Administrator of the Drug Enforcement
Administration, issued an Order to
Show Cause and Immediate Suspension
of Registration (Order) to Algirdas J.
Krisciunas, M.D. (‘‘Registrant’’), of
Lauderdale Lakes, Florida. The Order
proposed the revocation of Registrant’s
DEA Certificate of Registration,
BK4015334, and the denial of any
applications for renewal or modification
of his registration, on the ground that
his ‘‘continued registration is
inconsistent with the public interest, as
that term is defined in 21 U.S.C.
§ 823(f).’’ Order, at 1. Based on the
allegations presented, I also concluded
that Registrant’s continued registration
during the pendency of this proceeding
‘‘constitutes an imminent danger to the
public health and safety’’ and
immediately suspended his registration.
Id. at 2.
The Order alleged that Registrant was
the ‘‘owner of Social Medical Center
(SMC), a pain clinic located at [his]
registered location’’ and that he ‘‘issue[d]
many purported prescriptions for
controlled substances’’ from there. Id. at
1. The Order further alleged that
Registrant ‘‘prescribed and dispensed
controlled substances, including
oxycodone 1 and alprazolam,2 to two
undercover law enforcement officers on
five different occasions from July 13
through September 10, 2009, in
violation of 21 U.S.C. §§ 841(a)(1) and
846.’’ Id. at 2. The Order also alleged
that Registrant and his staff ‘‘falsified
medical records for the two undercover
officers’’ and that Registrant ‘‘advised
the undercover officers how to falsify
medical records to make it appear that
1 Oxycodone is a schedule II controlled
substance. 21 CFR 1308.12(b)(1)(xiii).
2 Alprazolam is a schedule IV controlled
substance. 21 CFR 1308.14(c)(1).
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
they had legitimate medical conditions
warranting the use of controlled
substances.’’ Id. The Order next alleged
that Registrant and his staff ‘‘sold the
medical records of others to an
undercover officer so that the records
could be altered to appear that they
were the medical records of the
undercover officer.’’ Id.
The Order further alleged that
‘‘[b]ased on [his] consultations with, and
examinations of, the two undercover
officers,’’ Registrant ‘‘knew, or should
have known, that neither of the
undercover officers had a legitimate
medical condition warranting the
prescribing of controlled substances’’
because the ‘‘undercover officers
provided inconsistent statements
regarding the nature of their alleged
injuries and gave negative answers
when queried about any pain they were
experiencing.’’ Id. The Order thus
alleged that Registrant ‘‘issu[ed]
[controlled substance] prescriptions
outside the usual course of professional
practice or for other than a legitimate
medical purpose,’’ in violation of
Federal law. Id. (citing 21 U.S.C.
823(f)(4); 21 CFR 1306.04).
Finally, the Order alleged that on July
1, 2009, Registrant’s ‘‘office staff sold 53
oxycodone 30 mg pills to an undercover
officer for $500, in violation of 21 U.S.C.
§ [] 841(a)(1),’’ and that ‘‘[t]his
transaction occurred at [his] office
during regular business hours while [he
was] on the premises.’’ Id. The Order
thus alleged that Registrant ‘‘failed to
exercise proper oversight of [his] office
staff or take proper measures to ensure
the safeguarding of controlled
substances stored at [his] office.’’ Id.
Based on the above, I made the
‘‘preliminary finding that [Registrant’s]
continued registration is inconsistent
with the public health and safety.’’ Id.
(citing 21 U.S.C. 823(f), 824(a)(4)).
Having concluded that Registrant’s
‘‘continued registration while these
proceedings are pending constitutes an
imminent danger to the public health
and safety because [he has] repeatedly
displayed a willingness to prescribe
widely abused controlled substances for
other than a legitimate medical
purpose,’’ I further ordered the
immediate suspension of his
registration. Id. (citing 21 U.S.C. 824(d);
21 CFR 1301.36(e); 28 CFR 0.100). Id.
On January 20, 2010, the Order,
which also notified Registrant of his
rights to either request a hearing or
submit a written statement in lieu of a
hearing, the procedures for doing either,
and the consequences for failing to do
either, was personally served on
Registrant by a DEA Diversion
Investigator. Since the date of service of
E:\FR\FM\27JAN1.SGM
27JAN1
]]>Agencies
[Federal Register Volume 76, Number 18 (Thursday, January 27, 2011)]
[Notices]
[Page 4940]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1692]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
John G. Costino, D.O.; Dismissal of Proceeding
On June 1, 2010, the Deputy Assistant Administrator, Office of
Diversion Control, issued an Order to Show Cause to John G. Costino,
D.O. (Respondent), of North Wildwood, New Jersey. The Show Cause Order
proposed the revocation of Respondent's DEA Certificate of
Registration, AC5210480, and the denial of pending applications to
renew or modify his registration, on the ground that ``[a]s a result of
actions by the New Jersey State Medical Board, [Respondent is]
currently without authority to handle controlled substances in the
State of New Jersey, the state in which [he is] registered with DEA.''
Show Cause Order at 1. The Show Cause Order also notified Respondent of
his right to request a hearing on the allegations or to submit a
written statement in lieu of hearing, the procedures for doing either,
and the consequence for failing to do either. Id. at 2 (citing 21 CFR
1301.43(a), (c), (d) & (e)).
On June 17, 2010, Respondent filed a letter with the Hearing Clerk
in which he noted that he had filed an appeal of some unspecified
action and that he was ``requesting reinstatement of [his] medical
license among other things.'' Letter of Respondent to Hearing Clerk
(June 14, 2010). Therein, Respondent also filed a request to waive his
right to a hearing. Id.
Thereafter, the Government submitted the record to me for Final
Agency Action. Based on Respondent's letter to the Hearing Clerk, I
find that Respondent has waived his right to a hearing. I further find,
however, that Respondent's registration expired on August 31, 2010, and
that Respondent has not filed a renewal application.
It is well settled that ``[i]f a registrant has not submitted a
timely renewal application prior to the expiration date, then the
registration expires and there is nothing to revoke.'' Ronald J.
Riegel, 63 FR 67132, 67133 (1998); see also William W. Nucklos, 73 FR
34330 (2008). Because Respondent's registration has expired and there
is no pending application to act upon, I conclude that this case is now
moot.
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) and 0.104, I hereby order that the
Order to Show Cause issued to John G. Costino, D.O., be, and it hereby
is, dismissed.
Dated: January 18, 2011.
Michele M. Leonhart,
Administrator.
[FR Doc. 2011-1692 Filed 1-26-11; 8:45 am]
BILLING CODE 4410-09-P
