[Federal Register: September 30, 2004 (Volume 69, Number 189)]
[Notices]
[Page 58546-58548]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30se04-138]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Saeed Saleh, M.D.; Revocation of Registration
On December 8, 2003, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Saeed Seleh,\1\ M.D. (Dr. Saleh) notifying him
of an opportunity to show cause as to why DEA should not revoke his
Certificate of Registration, AS5912387, under 21 U.S.C. 824(a)(3) and
(a)(4), and deny any pending applications for renewal or modification
of that registration pursuant to 21 U.S.C. 823(f). Specifically, the
Order to show Cause alleged in relevant part, the following:
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\1\ The Order to Show Cause alternates the spelling of the
registrant's last name between Salah and Saleh. Since it appears
from attached correspondences in the investigative file that the
common spelling of the registrant's name is Saleh, the Deputy
Administrator will refer to the registrant's name in a similar
fashion.
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(1) Effective June 2, 2001, the State of Michigan, Department of
Consumer and Industry Services, Board of Medicine Disciplinary
Subcommittee, suspended Dr. Saleh's licensure privileges. On September
19, 2001, the Subcommittee dissolved the summary suspension and
suspended Dr. Saleh's medical license for six months and one day.
Because reinstatement of his medical license following the suspension
was not automatic, Dr. Saleh was required to apply for reinstatement,
which he failed to do. As of September 4, 2003, Dr. Saleh's medical
license was considered ``lapsed'', as it expired on January 31, 2003.
[[Page 58547]]
(2) The action with respect to Dr. Saleh's medical license was
based upon a neuropsychiatric evaluation which indicated that he
suffered from significant cognitive deficits. The evaluation indicated
further that Dr. Saleh demonstrated disinhibition, deficits in
attention and concentration, anterograde amnesia, and deficits in
executive functioning. The state evaluator considered these conditions
and concluded that Dr. Saleh was not able to practice medicine, and as
a result, the State of Michigan found Dr. Saleh in violation of a
provision of the state Public Health Code. Dr. Saleh was also found to
be impaired and not able to safely and skillfully practice the health
profession. In addition, the State charged Dr. Saleh with violating
section 16221(b)(iii) of the Public Health Code, in that he was found
to have suffered from a mental or physical inability to practice his
profession in a safe and competent manner.
(3) Dr. Saleh also had a medical license to practice medicine in
California, which was suspended on October 31, 2001. The allegations
were in reference to the summary suspension that was issued by the
Michigan Board of Medicine in June of 2001. Effective, September 23,
2002, the California Medical Board issued an order revoking Dr. Saleh's
medical license in California, i.e. his Physician's and Surgeon's
Certificate.
(4) As a result of the actions taken by the State of Michigan,
Department of Consumer and Industry Services, Board of Medicine
Disciplinary Subcommittee, Dr. Saleh is currently without authority to
handle controlled substances in the State of Michigan, the state in
which he is registered with DEA.
Copies of the Order to Show Cause were sent by certified mail to
Dr. Saleh at his registered location in Detroit, Michigan, with a
second copy sent to a location in Orchard Lake, Michigan. The order
sent to the Orchard Lake location was subsequently forwarded to a
location in San Diego, California by the United States Postal Service
where it was accepted on behalf of Dr. Saleh on December 26, 2003. DEA
has not received a request for hearing or any other reply from Dr.
Saleh 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, as well as to a second address; and (2)
no request for hearing having been received, concludes that Dr. Saleh
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. Saleh is currently
registered with DEA as a practitioner. According to information in the
investigative file, on or about June 26, 2001, the Michigan Department
of Consumer and Industry Services, Board of Medicine (Board) issued an
Order of Summary Suspension of the state medical license of Dr. Saleh.
Attached to the Order of Summary Suspension was a two-count
Administrative Complaint which alleged, in relevant part, that Dr.
Saleh suffered from ``* * * a mental or physical inability reasonably
related to and adversely affecting [his] ability to practice medicine
in a safe and competent manner * * *''
In support of the allegations in its Administrative Complaint, the
Board found that after a neuropsychological examination, Dr. Saleh
suffered from memory and cognitive impairments. Specifically, Dr. Saleh
was diagnosed with amnestic syndrome, small vessel cerebral ischemic
disease and demonstrated deficits involving memory function, fine motor
dexterity, verbal fluency, and abstract reasoning.
Effective September 19, 2001, Dr. Saleh entered into a Consent
Order with the Board where the parties agreed, inter alia, to the
dissolution of the June 26, 2001 Order of Summary Suspension and the
suspension of Dr. Saleh's medical license for a minimum period of six
months and one day. The parties further agreed that reinstatement of a
license which had been suspended for more than six months is not
automatic; and in the event Dr. Saleh applied for the reinstatement of
his medical license, he was required to satisfy certain conditions as
part of his readmission to the practice of medicine.
Information in the investigative file further reveals that in or
around September of 2003, DEA received information that Dr. Saleh's
Michigan medical license was considered ``lapsed'' by the state, as it
had expired on January 31, 2003. There is no evidence before the Deputy
Administrator that Dr. Saleh has satisfied the conditions of the Board
for reinstatement of his medical license, or that he has renewed that
license.
Pursuant to 21 U.S.C. 824(a), the Deputy Administrator may revoke a
DEA Certificate of Registration if she finds that the registrant has
had his state license revoked and is no longer authorized to dispense
controlled substances, or has committed such acts as would render his
registration contrary to the public interest as determined by factors
listed in 21 U.S.C. 823(f). Thomas B. Pelkowski, D.D.S., 57 FR 28538
(1992). Nevertheless, despite findings of the Board regarding Dr.
Saleh's fitness to practice medicine in the State of Michigan and
notwithstanding the other public interest factors for the revocation of
his DEA registration asserted herein, the more relevant consideration
here is the present status of Dr. Saleh's state authorization to handle
controlled substances.
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 Rory Patrick Doyle, M.D., 69 FR 11655 (2004); Dominick A. Ricci,
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
Here, it is clear that Dr. Saleh's Michigan medical license was
suspended, and it subsequently expired. Under the circumstances, it is
reasonable to infer that Dr. Saleh is currently not licensed under
Michigan law to handle controlled substances. Therefore, he is not
entitled to a DEA registration in that state. As a result of a finding
that Dr. Saleh lacks state authorization to handle controlled
substances, the Deputy Administrator concludes that it is unnecessary
to address further whether his DEA registration should be revoked based
upon the public interest grounds asserted in the Order to Show Cause.
See Samuel Silas Jackson, D.D.S., 67 FR 65145 (2002); Nathaniel-Aikens-
Afful, M.D., 62 FR 16871 (1997); Sam F. Moore, D.V.M., 58 FR 14428
(1993).
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, AS5912387, issued to Saeed Saleh, 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
November 1, 2004.
[[Page 58548]]
Dated: September 8, 2004.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 04-21962 Filed 9-29-04; 8:45 am]
BILLING CODE 4410-09-M