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Jay D. Angeluzzi, M.D.; Revocation of Registration
FR Doc 05-9247 [Federal Register: May 10, 2005 (Volume 70, Number 89)]
[Notices] [Page 24614-24615] From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10my05-103]
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Jay D. Angeluzzi, M.D.; Revocation of Registration
On August 23, 2004, the Deputy Assistant Administrator, Office of Diversion
Control, Drug Enforcement Administration (DEA), issued an Order to Show Cause to
Jay D. Angeluzzi, M.D. (Dr. Angeluzzi) who was notified of an opportunity to
show cause as to why DEA should not revoke his DEA Certificate of Registration
AA2504151, pursuant to 21
U.S.C. 824(a)(3) and deny any pending applications under 21
U.S.C. 823(f), on the ground that he lacked state authority to handle
controlled substances in the State of Connecticut. The Order to Show Cause also
notified Dr. Angeluzzi that should no request for a hearing be filed within 30
days, his hearing right would be deemed waived.
The Order to Show Cause was sent by certified mail to Dr. Angeluzzi at his
registered address of 9 Mott Avenue, Suite 106, Norwalk, Connecticut 06850.
According to the return receipt of the Order, it was accepted on Dr. Angeluzzi's
behalf on August 30, 2004. DEA has not received a request for hearing or any
other reply from Dr. Angeluzzi or anyone purporting to represent him in this
matter.
Therefore, the Deputy Administrator of DEA, finding that (1) thirty days
having passed since the delivery of the Order to Show Cause to the registrant's
address of record and (2) no request for hearing having been received, concludes
that Dr. Angeluzzi 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. Angeluzzi is currently registered
with DEA as a practitioner authorized to handle controlled substances in
Schedules II through V under Certificate of Registration AA2504151, expiring on
June 30, 2006. According to information in the investigative file, on February
6, 2004, the Connecticut Department of Public Health, Department of Healthcare
Systems (Connecticut Department), filed a Statement of Charges and Motion for
Summary Suspension against Dr. Angeluzzi.
The Statement of Charges alleged that Dr. Angeluzzi, an anesthesiologist,
suffers from a psychiatric or neurological illness that disables him from
practicing medicine and that on July 8, 2003, he failed to meet the applicable
standard of care during a caesarian section delivery of a baby. As a consequence
of Dr. Angeluzzi's errors, the patient is in a permanent vegetative state. The
day after this incident, Dr. Angeluzzi informed his medical partners that he had
become completely disabled from the practice of medicine by reason of
psychiatric and/or substance abuse conditions. On April 16, 2004, in settlement
of the allegations, the Connecticut Department accepted a voluntary surrender of
Dr. Angeluzzi's state medicine license. In his accompanying affidavit, Dr.
Angeluzzi agreed that if he were to seek reinstatement of his license or applied
for a new license, the allegations in the Statement of Charges woud be deemed to
be true. There is no evidence before the Deputy Administrator to rebut a finding
that Dr. Angeluzzi's Connecticut
[[Page 24615]]
medical license has been surrendered. Therefore, the Deputy Administrator
finds that Dr. Angeluzzi is currently not authorized to practice medicine in the
State of Connecticut. As a result, it is reasonable to infer that he 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 he conducts
business. See 21 U.S.C.
802(21), 823(f)
and 824(a)(3). This
prerequisite has been consistently upheld. See Richard J. Clement, M.D., 68 FR
12,103 (2003); Dominick A. Ricci, M.D., 58 FR 51,104 (1993); Bobby Watts, M.D.,
53 FR 11,919 (1988).
Here, it is clear that Dr. Angeluzzi's state medical license was surrendered
after disciplinary proceedings were initiated against him and there is no
information before the Deputy Administrator indicating that his license has been
reinstated or a new license issued. As a result, Dr. Angeluzzi is not authorized
to practice medicine or handle controlled substances in Connecticut, where he is
registered with DEA. Therefore, he 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,
AA2504151, issued to Jay D. Angeluzzi, M.D., be, and it hereby is, revoked. The
Deputy Administrator further orders that any pending applications for renewal or
modification of the aforementioned registration be, and hereby are, denied. This
order is effective June 9, 2005.
Dated: May 2, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-9247 Filed 5-9-05; 8:45 am]
NOTICE: This is an
unofficial version. An official version of these publications may be obtained
directly from the Government Printing Office (GPO).
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