John M. Chois; Decision and Order, 4939-4940 [2011-1694]
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Federal Register / Vol. 76, No. 18 / Thursday, January 27, 2011 / Notices
Findings
Kermit B. Gosnell, M.D., be, and it
hereby is, dismissed.
Dated: January 18, 2011.
Michele M. Leonhart,
Administrator.
[FR Doc. 2011–1691 Filed 1–26–11; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
mstockstill on DSKH9S0YB1PROD with NOTICES
John M. Chois; Decision and Order
On September 27, 2010, the Deputy
Assistant Administrator, Office of
Diversion Control, Drug Enforcement
Administration, issued an Order to
Show Cause to John M. Chois, D.O.
(Registrant), of Orlando, Florida. The
Show Cause Order proposed the
revocation of Registrant’s DEA
Certificate of Registration, BC6071904,
as a practitioner, and the denial of any
pending applications to renew or
modify his registration, on the ground
that he ‘‘do[es] not have authority to
handle controlled substances in the
[S]tate of Florida.’’ Show Cause Order, at
1 (citing 21 U.S.C. 824(a)(3)).
More specifically, the Show Cause
Order alleged that the Florida
Department of Health had ordered the
emergency suspension of Registrant’s
license to practice medicine. Id. The
Order thus alleged that Registrant is
‘‘currently without authority to handle
controlled substance in the State of
Florida, the [S]tate in which [Registrant
is] registered with DEA,’’ and that as a
consequence, his registration was
subject to revocation. Id. at 1–2. The
Order also notified Registrant of his
right to request a hearing on the
allegations or to submit a written
statement in lieu of a hearing, the
procedure for doing either, and the
consequence for failing to do either. Id.
at 2 (citing 21 CFR 1301.43).
On October 4, 2010, the Show Cause
Order was served on Registrant by
Certified Mail, Return Receipt
Requested, which was addressed to him
at his registered location. Since the date
of service of the Order, thirty (30) days
have now passed and neither Registrant,
nor anyone purporting to represent him,
has requested a hearing or submitted a
written statement in lieu of a hearing. I
therefore find that Registrant has waived
his right to a hearing or to submit a
written statement in lieu of hearing, and
issue this Decision and Final Order
based on relevant evidence contained in
the record submitted by the
Government. 21 CFR 1301.43(d) & (e). I
make the following findings of fact.
VerDate Mar<15>2010
17:51 Jan 26, 2011
Jkt 223001
Registrant is the holder of DEA
Certificate Registration, BC6071904,
which authorizes him to dispense
controlled substances in Schedules II
through V as a practitioner, at the
registered address of Advanced
Aesthetics, 7425 Conroy Road, Orlando,
Florida 32835. His registration does not
expire until August 31, 2013.
Registrant is an osteopathic physician
licensed by the State of Florida, who is
board-certified in plastic surgery and
hand surgery. On August 6, 2010, the
State Surgeon General, Florida
Department of Health (DOH), ordered
the emergency suspension of
Registrant’s medical license. In re John
Michael Chois, D.O., Order of
Emergency Suspension of License, at 1
(Fla. DOH Aug. 6, 2010) (No. 2010–
03967). The State Surgeon General
suspended Registrant’s license because
he failed to comply with the DOH’s
order that he provide a hair sample for
drug testing and that he enter an
approved inpatient evaluation program
for healthcare professionals with
substance abuse problems. Id. at 9.
Registrant’s license to practice
medicine remains suspended as of the
date of this Order. Thus, Registrant is
currently without authority to handle
controlled substances under the laws of
the State of Florida, the State in which
he is registered with DEA.
Discussion
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 obtaining and
maintaining a DEA registration.
Accordingly, DEA has held that
revocation of a registration is warranted
whenever a practitioner’s state authority
to dispense controlled substances has
been suspended or revoked. David W.
Wang, 72 FR 54297, 54298 (2007);
Sheran Arden Yeates, 71 FR 39130,
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
4939
39131 (2006); Dominick A. Ricci, 58 FR
51104, 51105 (1993); Bobby Watts, 53
FR 11919, 11920 (1988). See also 21
U.S.C. 824(a)(3) (authorizing revocation
of a registration ‘‘upon a finding that the
registrant * * * has had his State
license or registration suspended [or]
revoked * * * and is no longer
authorized by State law to engage in the
* * * distribution [or] dispensing of
controlled substances’’).
DEA has further held that revocation
is warranted even where a practitioner’s
state authority has been summarily
suspended and the State has yet to
provide the practitioner with a hearing
to challenge the State’s action and at
which he may ultimately prevail. See
Robert Wayne Mosier, 75 FR 49950
(2010) (‘‘revocation is warranted * * *
even in those instances where a
practitioner’s state license has only been
suspended, and there is the possibility
of reinstatement’’); accord Bourne
Pharmacy, 72 FR 18273, 18274 (2007).
See also Alton E. Ingram, Jr., 69 FR
22562 (2004); Anne Lazar Thorn, 62 FR
12847 (1997) (‘‘the controlling question
is not whether a practitioner’s license to
practice medicine in the state is
suspended or revoked; rather, it is
whether the Respondent is currently
authorized to handle controlled
substances’’).
As found above, on August 6, 2010,
the Florida Surgeon General
immediately suspended Registrant’s
state medical license. Because
Registrant is without authority to
dispense controlled substances in the
State where he practices medicine and
holds his DEA registration, he is not
entitled to maintain his registration. See
21 U.S.C. 802(21), 823(f), 824(a)(3).
Accordingly, Registrant’s registration
will be revoked and any pending
application will be denied.
Order
Pursuant to the authority vested in me
by 21 U.S.C. 823(f) and 824(a), as well
as 21 CFR 0.100(b) and 0.104, I order
that DEA Certificate of Registration,
BC6071904, issued to John M. Chois,
D.O., be, and it hereby is, revoked. I
further order that any pending
application of John M. Chois, D.O., to
renew or modify his registration, be, and
it hereby is, denied. This Order is
effective immediately.1
1 For the same reasons as cited in the State’s
Emergency Suspension Order, I find that the public
interest requires that this Order be made effective
immediately. See 21 CFR 1316.67.
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27JAN1
4940
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.
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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
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Agencies
[Federal Register Volume 76, Number 18 (Thursday, January 27, 2011)]
[Notices]
[Pages 4939-4940]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1694]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
John M. Chois; Decision and Order
On September 27, 2010, the Deputy Assistant Administrator, Office
of Diversion Control, Drug Enforcement Administration, issued an Order
to Show Cause to John M. Chois, D.O. (Registrant), of Orlando, Florida.
The Show Cause Order proposed the revocation of Registrant's DEA
Certificate of Registration, BC6071904, as a practitioner, and the
denial of any pending applications to renew or modify his registration,
on the ground that he ``do[es] not have authority to handle controlled
substances in the [S]tate of Florida.'' Show Cause Order, at 1 (citing
21 U.S.C. 824(a)(3)).
More specifically, the Show Cause Order alleged that the Florida
Department of Health had ordered the emergency suspension of
Registrant's license to practice medicine. Id. The Order thus alleged
that Registrant is ``currently without authority to handle controlled
substance in the State of Florida, the [S]tate in which [Registrant is]
registered with DEA,'' and that as a consequence, his registration was
subject to revocation. Id. at 1-2. The Order also notified Registrant
of his right to request a hearing on the allegations or to submit a
written statement in lieu of a hearing, the procedure for doing either,
and the consequence for failing to do either. Id. at 2 (citing 21 CFR
1301.43).
On October 4, 2010, the Show Cause Order was served on Registrant
by Certified Mail, Return Receipt Requested, which was addressed to him
at his registered location. Since the date of service of the Order,
thirty (30) days have now passed and neither Registrant, nor anyone
purporting to represent him, has requested a hearing or submitted a
written statement in lieu of a hearing. I therefore find that
Registrant has waived his right to a hearing or to submit a written
statement in lieu of hearing, and issue this Decision and Final Order
based on relevant evidence contained in the record submitted by the
Government. 21 CFR 1301.43(d) & (e). I make the following findings of
fact.
Findings
Registrant is the holder of DEA Certificate Registration,
BC6071904, which authorizes him to dispense controlled substances in
Schedules II through V as a practitioner, at the registered address of
Advanced Aesthetics, 7425 Conroy Road, Orlando, Florida 32835. His
registration does not expire until August 31, 2013.
Registrant is an osteopathic physician licensed by the State of
Florida, who is board-certified in plastic surgery and hand surgery. On
August 6, 2010, the State Surgeon General, Florida Department of Health
(DOH), ordered the emergency suspension of Registrant's medical
license. In re John Michael Chois, D.O., Order of Emergency Suspension
of License, at 1 (Fla. DOH Aug. 6, 2010) (No. 2010-03967). The State
Surgeon General suspended Registrant's license because he failed to
comply with the DOH's order that he provide a hair sample for drug
testing and that he enter an approved inpatient evaluation program for
healthcare professionals with substance abuse problems. Id. at 9.
Registrant's license to practice medicine remains suspended as of
the date of this Order. Thus, Registrant is currently without authority
to handle controlled substances under the laws of the State of Florida,
the State in which he is registered with DEA.
Discussion
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. Sec. 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 obtaining and maintaining a DEA
registration.
Accordingly, DEA has held that revocation of a registration is
warranted whenever a practitioner's state authority to dispense
controlled substances has been suspended or revoked. David W. Wang, 72
FR 54297, 54298 (2007); Sheran Arden Yeates, 71 FR 39130, 39131 (2006);
Dominick A. Ricci, 58 FR 51104, 51105 (1993); Bobby Watts, 53 FR 11919,
11920 (1988). See also 21 U.S.C. 824(a)(3) (authorizing revocation of a
registration ``upon a finding that the registrant * * * has had his
State license or registration suspended [or] revoked * * * and is no
longer authorized by State law to engage in the * * * distribution [or]
dispensing of controlled substances'').
DEA has further held that revocation is warranted even where a
practitioner's state authority has been summarily suspended and the
State has yet to provide the practitioner with a hearing to challenge
the State's action and at which he may ultimately prevail. See Robert
Wayne Mosier, 75 FR 49950 (2010) (``revocation is warranted * * * even
in those instances where a practitioner's state license has only been
suspended, and there is the possibility of reinstatement''); accord
Bourne Pharmacy, 72 FR 18273, 18274 (2007). See also Alton E. Ingram,
Jr., 69 FR 22562 (2004); Anne Lazar Thorn, 62 FR 12847 (1997) (``the
controlling question is not whether a practitioner's license to
practice medicine in the state is suspended or revoked; rather, it is
whether the Respondent is currently authorized to handle controlled
substances'').
As found above, on August 6, 2010, the Florida Surgeon General
immediately suspended Registrant's state medical license. Because
Registrant is without authority to dispense controlled substances in
the State where he practices medicine and holds his DEA registration,
he is not entitled to maintain his registration. See 21 U.S.C. 802(21),
823(f), 824(a)(3). Accordingly, Registrant's registration will be
revoked and any pending application will be denied.
Order
Pursuant to the authority vested in me by 21 U.S.C. 823(f) and
824(a), as well as 21 CFR 0.100(b) and 0.104, I order that DEA
Certificate of Registration, BC6071904, issued to John M. Chois, D.O.,
be, and it hereby is, revoked. I further order that any pending
application of John M. Chois, D.O., to renew or modify his
registration, be, and it hereby is, denied. This Order is effective
immediately.\1\
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\1\ For the same reasons as cited in the State's Emergency
Suspension Order, I find that the public interest requires that this
Order be made effective immediately. See 21 CFR 1316.67.
[[Page 4940]]
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Dated: January 18, 2011.
Michele M. Leonhart,
Administrator.
[FR Doc. 2011-1694 Filed 1-26-11; 8:45 am]
BILLING CODE 4410-09-P