[Federal Register: September 30, 2004 (Volume 69, Number 189)]
[Notices]
[Page 58540-58541]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30se04-125]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 03-27]
Paramabaloth Edwin, M.D.; Revocation of Registration
On April 24, 2003, the Deputy Administrator of the Drug Enforcement
Administration (DEA), issued an Order to Show Cause/Immediate
Suspension of Registration to Paramabaloth Edwin, M.D. (Dr. Edwin),
notifying him of an opportunity to show cause as to why DEA should not
revoke his DEA Certificate of Registration, AE7528295, as a
practitioner, and deny any pending applications for renewal of
registration pursuant to 21 U.S.C. 824(a)(4), for reason that Dr.
Edwin's continued registration would be inconsistent with the public
interest. The Order to Show Cause/Immediate Suspension of Registration
further advised Dr. Edwin that his DEA Certification of Registration
had been suspended, pursuant to 21 U.S.C. 824(d), as an imminent danger
to public health and safety.
The Order to Show Cause/Immediate Suspension of Registration
alleged, in part, that in August 2001, DEA had received information
from a cooperating source that Dr. Edwin was selling and prescribing
controlled substances for non-therapeutic uses. This information was
corroborated by interviews of former patients, pharmacists and
acquaintances of Dr. Edwin, as well as through a cooperating individual
who purchased controlled substances from Dr. Edwin. It further alleged
Dr. Edwin had purchased excessive quantities of controlled substances,
stored controlled substances at an unregistered location and that his
prescribing practices had hastened the addiction and/or death of
patients.
Finally, it was alleged that on April 17, 2003, the Illinois
Department of Professional Regulations (IDPR) summarily suspended Dr.
Edwin's state medical and controlled substance licenses, thus rendering
him without state authority to handle controlled substances.
By letter dated May 21, 2003, Dr. Edwin, through counsel, requested
a hearing and on May 29, 2003, Presiding Administrative Law Judge Mary
Ellen Bittner (Judge Bittner) ordered the parties to file prehearing
statements. On June 13, 2003, in lieu of filing a prehearing statement,
the Government filed a Motion for Summary Disposition, asserting Dr.
Edwin was without authorization to handle controlled substances in the
State of Illinois and as a result, further proceedings in the matter
were not required. Attached to the Government's motion was a copy of
the IDPR's Order dated April 17, 2003, directing Dr. Edwin to
``immediately surrender all indicia of licensure to the Department.''
On June 16, 2003, Judge Bittner issued a Memorandum to the Parties
affording Dr. Edwin an opportunity to respond to the Government's
motion. In his response, Dr. Edwin argued it would violate due process
to summarily dispose of the case premised on the IDPR's Order, which,
according to Dr. Edwin, was ``based on mere allegations, which have not
yet been tested.'' Dr. Edwin further argued there had been no hearings
before the IDPR in which he had been afforded a chance to present
evidence or rebut the allegations against him. However, Dr. Edwin did
not deny that his state professional licenses had been surrendered.
On July 18, 2003, Judge Bittner issued the Opinion and Recommended
Decision of the Administrative Law Judge (Opinion and Recommended
Decision). As part of her recommended ruling, Judge Bittner granted the
Government's Motion for Summary Disposition, finding Dr. Edwin lacked
authorization to handle controlled substances in Illinois, the
jurisdiction in which he is registered with DEA.
In granting the Government's motion, Judge Bittner further
recommended that Dr. Edwin's DEA registration be revoked and any
pending applications for modification or renewal be denied. No
exceptions to the Opinion and Recommended Decision were filed.
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 Dr. Edwin currently possesses
DEA Certificate of Registration AE7528295, and is registered to handle
controlled substances in the State of Illinois. The Deputy
Administrator further finds that in response to allegations of
professional misconduct, on April 17, 2003, the IDPR issued an order
directing Dr. Edwin to surrender all professional licenses. There is no
evidence before the Deputy Administrator that IDPR's Order has been
lifted, stayed or modified. Therefore, the Deputy Administrator finds
that Dr. Edwin is currently not licensed to practice medicine in
Illinois and as a result, it is reasonable to infer 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).
Revocation is also appropriate when a state license has been suspended,
but with the possibility of future reinstatement. See Alton E. Ingram,
Jr., M.D., 69 FR 22562
[[Page 58541]]
(2004); Anne Lazar Thorn, M.D., 62 FR 847 (1997).
Here, it is clear Dr. Edwin is not currently licensed to handle
controlled substances in Illinois, where he is registered with DEA.
Therefore, he is not entitled to maintain that registration. Because
Dr. Edwin is not entitled to a DEA registration in Illinois due to lack
of state authorization to handle controlled substances, the Deputy
Administrator concludes it is unnecessary to address whether Dr.
Edwin's registration should be revoked based upon the remaining 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., 69 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, AE7528295, issued to Paramabaloth Edwin,
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.
Dated: September 13, 2004.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 04-21967 Filed 9-29-04; 8:45 am]
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