Federal
Register Notices > Registrant
Actions - 2005 > Kennard
Kobrin, M.D., Revocation of Registration
FR Doc 05-11246 [Federal Register: June 7, 2005 (Volume 70, Number 108)]
[Notices] [Page 33199-33200] From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jn05-85]
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 04-62]
Kennard Kobrin, M.D., Revocation of Registration
On June 28, 2004, the Deputy Assistant Administrator, Office of Diversion
Control, Drug Enforcement Administration (DEA), issued an Order to Show Cause to
Kennard Kobrin, M.D., (Respondent) of Fall River, Massachusetts, notifying him
of an opportunity to show cause as to why DEA should not revoke his DEA
Certificate of Registration AK8615013 as a practitioner pursuant to 21
U.S.C. 824(a)(2), (3) and (4), and deny any pending applications for renewal
or modification of that registration pursuant to 21
U.S.C. 823(f). As a basis for revocation, the Order to Show Cause alleged
that Respondent had been convicted of three state felony counts, which involved
illegal prescribing of a controlled substance and Medicaid fraud. As a part of
his sentence, the court ordered Respondent to cease prescribing any medications
for two years, effective August 28, 2003. Therefore, the Government alleged that
Respondent was no longer authorized to handle controlled substances in
Massachusetts, his state of practice and DEA registration.
Respondent, through counsel, timely requested a hearing in this matter and
Presiding Administrative Law Judge Mary Ellen Bittner (Judge Bittner) issued an
Order for Prehearing Statements. After various motions had been filed and
addressed by Judge Bittner, on November 22, 2004, the Government filed its
Request for Stay of Proceedings and Motion for Summary Disposition (Motion). In
that Motion it was asserted that the Massachusetts Board of Registration in
Medicine (Medical Board) had revoked Respondent's license to practice medicine
in that state, effective December 17, 2004, and that as a result, he was no
longer authorized to handle controlled substances in the state where he is
registered with DEA. Attached to the Government's Motion was a copy of the
Medical Board's Final Decision & Order, dated November 17, 2004, revoking
Respondent's Massachusetts medical license as of December 17, 2004.
[[Page 33200]]
On November 29, 2004, Judge Bittner issued an order affording Respondent an
opportunity to respond to the Government's Motion. On December 13 and 14, 2004,
Respondent filed his response, objecting to a summary disposition of the
proceeding and requesting an indefinite stay. In it, he argued that his state
criminal convictions and the Medical Board's revocation order were then-pending
appear and they should not be used as a basis for adverse action on his DEA
registration. However, Respondent did not deny that as of December 17, 2004, he
was no longer licensed to practice medicine in Massachusetts.
On December 27, 2004, Judge Bittner issued her Opinion and Recommended
Decision of the Administrative Law Judge (Opinion and Recommended Decision). In
it, she granted the Government's Motion, finding Respondent lacked authorization
to handle controlled substances in his state of DEA registration and she
recommended that his registration be revoked.
No exceptions were filed by either party to the Opinion and Recommended
Decision and on February 2, 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 Respondent currently holds DEA Certificate of
Registration AK8615013 as a practitioner and that on November 17, 2004, the
Massachusetts Medical Board revoked his license to practice medicine in that
state, effective as of December 17, 2004. That action was predicated on
Respondent's criminal convictions which under Massachusetts law, either
undermined the public's confidence in the integrity of the medical profession or
showed Respondent's lack of moral character.
The Deputy Administrator therefore finds Respondent is not currently licensed
to practice medicine in Massachusetts and lacks 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 Stephen J. Graham, M.D., 69 FR 11,661 (2004), Dominick A. Ricci,
M.D., 58 FR 51,104 (1993); Bobby Watts, M.D., 53 FR 11,919 (1998).
Here, it is clear Respondent is not currently licensed to handle controlled
substances in Massachusetts, the jurisdiction in which he holds a DEA
registration. Therefore, he is not entitled to registration in that state.
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 AK8615013, issued to Kennard Kobrin, 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 July 7, 2005.
Dated: May 25, 2005
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-11246 Filed 6-6-05; 8:45 am]
BILLING CODE 4410-09-M
NOTICE: This is an
unofficial version. An official version of these publications may be obtained
directly from the Government Printing Office (GPO).
|