[Federal Register: October 1, 2004 (Volume 69, Number 190)]
[Notices]
[Page 58959-58961]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc04-111]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 04-9]
Gabriel Sagun Orzame, M.D. Revocation of Registration
On October 7, 2003, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Gabriel Sagun Orzame, M.D. (Respondent)
notifying him of an opportunity to show cause as to why DEA should not
revoke his DEA Certificate of Registration, AO1690367, under 21 U.S.C.
824(a)(3) and (a)(4), and deny any pending applications for renewal or
modification of that registration. Specifically, the Order to Show
Cause alleged in relevant part, the following:
1. Effective November 17, 2002, the State of Michigan, Department
of Consumer and Industry Services, Board of Medicine Disciplinary
Subcommittee (Board), revoked the Respondent's
[[Page 58960]]
medical licensure privileges in that state.
2. This revocation of license was based upon the Respondent's
conviction for altered records (one count of recklessly placing false
information in the medical chart) in violation of MCL 750.492(a)(I)(b),
a misdemeanor. Appeals of the Board's revocation order have been denied
up through the Michigan Supreme Court.
3. A criminal complaint from which the above charge stems is based
upon a Michigan State Police investigation for which the Respondent was
charged with one count of conspiracy, three counts of delivery and
thirty-two counts of delivery of a controlled substance prescription
form. Four undercover officers made undercover visits to the
Respondent's office and he never performed examinations on them.
Nevertheless, the Respondent provided prescriptions for controlled
substances for the undercover officers and for other persons who were
not there.
4. As a result of the actions taken by the Board, the Respondent is
currently without authority to handle controlled substances in the
State of Michigan, the state in which he is registered with DEA.
By letter dated October 24, 2003, the Respondent, through his legal
counsel, timely requested a hearing in this matter. As part of his
hearing request, the Respondent further asserted that he ``* * * still
has a license to practice medicine, and is licensed by the State of New
York to prescribe medication.'' On October 31, 2003, the presiding
Administrative Law Judge Gail A. Randall (Judge Randall) issued to
counsel for DEA as well as the Respondent an Order for Prehearing
Statements.
On November 19, 2003, counsel for DEA filed Government's Prehearing
Statement and Motion for Summary Disposition. In its motion, the
Government recited, among other things, an allegation outlined in the
Order to Show Cause regarding the November 17, 2002, revocation of the
Respondent's Michigan medical license. With regard to this allegation,
the Government argued in relevant part that the Respondent is currently
without authority to handle controlled substances in the State of
Michigan. The Government further argued that the Respondent's licensure
status in New York is of no consequence since he is not registered with
DEA in that state. Therefore, the Government requested that the
Administrative Law Judge grant its Motion for Summary Disposition and
recommend that Respondent's DEA Certificate of Registration be revoked
based on his lack of state authorization to handle controlled
substances in Michigan.
On December 11, 2003, the Respondent filed his Response to
Government's Motion for Summary Disposition. In his response, the
Respondent argued that his medical license was suspended in the State
of Michigan because of a mistaken guilty plea to a state misdemeanor
charge related to the prohibition on health care providers placing
inaccurate information in a patient file. The Respondent reiterated
that he remains licensed to practice medicine in New York, and further
requested that the DEA proceedings be stayed for 90 days so that he can
establish professional residency in New York.
Following a Government response objecting to the Respondent's
request for stay, on February 4, 2004, Judge Randall issued her Opinion
and Recommended Decision of the Administrative Law Judge (Opinion and
Recommended Decision). As part of her recommended ruling, Judge Randall
granted the Government's Motion for Summary Disposition and found that
the Respondent lacked authorization to handle controlled substances in
Michigan, the jurisdiction in which he is registered with DEA. In
granting the Government's motion, Judge Randall also recommended that
the Respondent's DEA registration be revoked and any pending
applications for modification or renewal be denied. No exceptions were
filed by either party to Judge Randall's Opinion and Recommended
Decision, and on March 15, 2004, the record of these proceedings was
transmitted to the Office of the DEA Deputy Administer.
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 that the Respondent currently
possesses DEA Certificate of Registration AO1690367, and is registered
to handle controlled substances at a location in Benton Harbor,
Michigan. The Deputy Administrator further finds that effective
November 17, 2002, the Board revoked Respondent's license to practice
medicine in Michigan. While the Respondent has presented evidence of
his medical license in New York, there is no evidence before the Deputy
Administrator that the Respondent has applied for, or has been granted
resinstatement of his Michigan medical license, the state where he
holds a DEA registration. Accordingly, the Deputy Administrator also
finds it reasonable to infer that Respondent 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 Kanwaljit S. Serai, M.D., 68 FR 48943 (2003); Dominick A. Ricci,
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
Here, it is clear that the Respondent is not currently licensed to
handle controlled substances in Michigan. Therefore, he is not entitled
to maintain that registration. Because the Respondent is not entitled
to a DEA registration in Michigan due to his lack of state
authorization to handle controlled substances, the Deputy Administrator
concludes that it is unnecessary to address whether his registration
should be revoked based upon the other grounds asserted in the Order to
Show Cause. See Cordell Clark, M.D., 68 FR 48942 (2003); Nathaniel-
Aikens-Afful, M.D., FR 16871 (1997); Sam F. Moore, D.V.M., 58 FR 14428
(1993).
In further support of his continued registration with DEA,
Respondent argues that consideration should be given to his state
licensure to practice medicine in New York. The Deputy Administrator
agrees with Judge Randall that the Respondent's status as a
practitioner is a state other than Michigan has no bearing on this
matter. The Deputy Administrator also agrees with the argument
forwarded by the Government that Respondent's assertions regarding his
licensure status in New York are without merit ``and ultimately
irrelevant'' since Respondent's DEA Certificate of Registration is for
a Michigan address, and he is currently not authorized to handle
controlled substances in that state, See, Layfe Robert Anthony, M.D.,
67 FR 35582 (2002).
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, AO1690367, issued to Gabriel Sagun Orzame,
M.D., be, and it hereby is, revoked. The Deputy Administrator further
orders that any
[[Page 58961]]
pending applications for renewal or modification of such registration
be, and they hereby are, denied. This order is effective November 1,
2004.
Dated: September 8, 2004.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 04-21964 Filed 9-30-04; 8:45 am]
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