[Federal Register: September 30, 2004 (Volume 69, Number 189)]
[Notices]
[Page 58541-58542]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30se04-127]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Sheldon Kantor, D.P.M.; Revocation of Registration
On March 28, 2003, the then-Acting Administrator of the Drug
Enforcement Administration (DEA) issued an Order to Show Cause/
Immediate Suspension of Registration to Sheldon Kantor, D.P.M. (Dr.
Kantor) of Hollywood, Florida. Dr. Kantor was notified of an
opportunity to show cause as to why DEA should not revoke his DEA
Certificate of Registration, AK4080545, as a practitioner, and deny any
pending applications for renewal or modification of such registration
pursuant to 21 U.S.C. 823(f) and 824(a) for reason that his continued
registration would be inconsistent with the public interest. Dr. Kantor
was further notified that his DEA registration was immediately
suspended as an imminent danger to the public health and safety
pursuant to 21 U.S.C. 824(d).
The Order to Show Cause/Immediate Suspension alleged in relevant
part, that during the week of February 24, 2003, and again on March 3,
2003, DEA received information from a registered distributor of
controlled substances that Dr. Kantor had ordered and received large
quantities of Schedule III and IV controlled substances. In response,
DEA investigators presented Dr. Kantor with a Notice of Inspection,
however, he refused to consent to the inspection. While speaking with
investigators, Dr. Kantor admitted he had not maintained a log of
controlled substances dispensed. When an investigator inquired as to
the location of previously received controlled substances, Dr. Kantor
stated that they were in the trunk of his car. He then refused to
disclose the whereabouts of that vehicle. The Order to Show Cause
alleged that Dr. Kantor also refused to consent to a subsequent
inspection of his registered location.
The Order to Show Cause alleged that Dr. Kantor had been convicted
in federal court and sentenced to 21 months imprisonment, commencing
March 23, 2003, for his involvement in a scheme
[[Page 58542]]
to defraud the Medicare program of over one million dollars. The Order
to Show Cause also outlined how one of Dr. Kantor's patient files
revealed his distribution of large quantities of Schedule III and IV
controlled substances to a single patient over a seven month period,
including 19,200 dosage units of hydrocodone and four prescriptions for
OxyContin, a Schedule II controlled substance, to that same patient.
When DEA investigators executed a search warrant of the patient's
residence on March 12, 2003, the search revealed the patient had
several bottles of 100-count hydrocodone tablets. However, the vast
majority of hydrocodone tablets, as well as other controlled
substances, could not be accounted for.
According to the investigative file, the Order to Show Cause/
Immediate Suspension of Registration was personally delivered to Dr.
Kantor on March 31, 2003, at a federal detention center in Miami,
Florida. More than thirty days have passed since the Order to Show
Cause/Immediate Suspension of Registration was served on Dr. Kantor and
DEA has not received a request for hearing or any other reply from Dr.
Kantor 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/
Immediate Suspension of Registration to Dr. Kantor, and (2) no request
for hearing having been received, concludes that Dr. Kantor 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 Dr. Kantor is currently registered
with DEA as a practitioner under DEA Registration, AK4080545, in
Schedules II through V. That registration expires on December 31, 2004.
At the time DEA initiated action to revoke his DEA registration, Dr.
Kantor was licensed under Florida law as a podiatrist. However,
following the issuance and delivery of the Order to Show Cause/
Immediate Suspension of Registration, the Deputy Administrator obtained
a copy of a Final Order adopted by the State of Florida, Board of
Podiatric Medicine (Board) on November 20, 2003. A review of the Final
Order reveals that on the above date, the Board permanently revoked Dr.
Kantor's license of podiatry.
The investigative file contains no evidence that the Board's Final
Order revoking Dr. Kantor's podiatry license has been lifted, stayed or
that his license has been reinstated. Therefore, the Deputy
Administrator finds that Dr. Kantor is not currently authorized to
practice medicine in the State of Florida and 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 Stephen J. Graham, M.D., 69 FR 11661 (2004); Dominick A. Ricci,
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
Here, it is clear Dr. Kantor's podiatry license has been revoked
and therefore, he is not currently licensed to handle controlled
substances in Florida, the state where he maintains a DEA controlled
substance registration. Therefore, Dr. Kantor is not entitled to a DEA
registration in that state. Because Dr. Kantor is not entitled to a DEA
registration in Florida due to his lack of state authorization to
handle controlled substances, the Deputy Administrator concludes it is
unnecessary to address whether his registration should be revoked based
upon the public interest grounds asserted in the Order to Show Cause/
Immediate Suspension of Registration. See Fereida Walker-Graham, M.D.,
68 FR 24761 (2003); 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, AK 4080545, issued to Sheldon Kantor,
D.P.M. 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.
Dated: September 13, 2004.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 04-21965 Filed 9-29-04; 8:45 am]
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