[Federal Register: October 22, 2004 (Volume 69, Number 204)]
[Notices]
[Page 62080-62081]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22oc04-103]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 04-38]
Roland F. Chalifoux, Jr., D.O.; Revocation of Registration
On April 9, 2004, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to show Cause to Roland F. Chalifoux, Jr., D.O. (Respondent)
notifying him of an opportunity to show cause as to why DEA should not
revoke his DEA Certificate of Registration, BC1457818, under 21 U.S.C.
824(a)(3), and deny his pending application for renewal of that
registration pursuant to 21 U.S.C. 823(f). Specifically, the Order to
Show Cause alleged in relevant part that on July 19, 2002, the Texas
State Board of Medical Examiners (Medical Board) temporarily suspended
Respondent's Texas medical license; that on March 20, 2003, the Texas
Department of Public Safety (Department) revoked Respondent's state
controlled substances registration; and that as a result, Respondent is
not authorized to handle controlled substances in Texas, the state in
which he maintains his DEA registration.
By letter dated May 7, 2004, the Respondent, through his legal
counsel, timely requested a hearing in this matter. As part of his
hearing request, the Respondent asserted that he ``* * * has a license
to practice medicine in Texas [and no] action has been taken to date
that has deprived him of the license.'' On May 24, 2004, the presiding
Administrative Law Judge Mary Ellen Bittner (Judge Bittner) issued to
counsel for DEA as well as the Respondent an Order for Prehearing
Statements.
In lieu of filing a Prehearing Statement, counsel for DEA filed
Government's Motion for Summary Disposition and Motion to Stay the
Filing of Prehearing Statements on May 25, 2004. In its motion, the
Government recited the primary allegations raised in the Order to Show
Cause regarding the July 2002 Temporary Suspension Order of the Medical
Board suspending the Respondent's medical license and the Department's
March 30, 2003 revocation of the Respondent's Texas state controlled
substance registration. In support of its motions, the Government
attached copies of the aforementioned Temporary Suspension Order of the
Medical Board as well as the revocation notice of the Department.
Accordingly, the Government argued that a motion for summary
disposition is appropriate in this matter and Respondent's DEA
Certicate of Registration should be revoked.
On June 15, 2004, counsel for the Respondent filed a Response to
Motion for Summary Disposition. In his reply brief, the Respondent
argued in relevant part that because he currently has licenses to
practice in jurisdictions outside of Texas, and since the DEA
registration may be utilized in any jurisdiction where a practitioner
has a license, the DEA matter is ``premature.'' The Respondent further
argued that the Department's revocation notice does not evidence a
final action. The Respondent's reply however did not address whether he
is currently authorized to handle controlled substances under Texas
state law.
On June 28, 2004, Judge Bittner issued her 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 and found that the
Respondent lacked authorization to handle controlled substances in
Texas, the jurisdiction in which he is registered with DEA. In granting
the Government's motion, Judge Bittner also recommended that the
Respondent's DEA registration be revoked. No exceptions were filed by
either party to Judge Bittner's Opinion and Recommended Decision, and
on August 10, 2004, 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 that the Respondent currently
possesses DEA Certificate of Registration BC1457818, and is registered
to handle controlled substances at a location in Arlington, Texas, as
well as a second medical practice location in South Lake, Texas. As
outlined above, the Respondent is currently without authorization to
handle controlled substances in Texas based upon the suspension of his
medical license, and
[[Page 62081]]
most significant, the revocation of his Texas state controlled
substances registration. While the Respondent has presented some
evidence that he is licensed to practice medicine in jurisdictions
other than Texas, there is no evidence before the Deputy Administrator
that the Respondent applied for, or has been granted reinstatement of
his Texas controlled substance license, the state where he holds a DEA
registration.
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's state controlled substance
license has been revoked and there is no information before the Deputy
Administrator which points to the Department's revocation order having
been rescinded. As a result, the Respondent is not licensed to handle
controlled substances in Texas, where he is registered with DEA, and
therefore, he is not entitled to maintain that registration.
In further support of his continued registration with DEA,
Respondent argues that consideration should be given to his state
licensure to practice medicine in jurisdictions other than Texas.
However, as noted in Judge Bittner's Opinion and Recommended Decision,
DEA regulations require a separate registration ``for each principal
place of business or professional practice * * * where controlled
substances are manufactured, distributed, imported, exported, or
dispensed by a person.'' Therefore, the Respondent's assertions
regarding his licensure status in jurisdictions outside of Texas are
ultimately irrelevant since his DEA Certificate of Registration is for
a Texas 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, BC1457818, issued to Roland F. Chalifoux,
Jr., D.O., 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 22, 2004.
Dated: October 5, 2004.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 04-23708 Filed 10-21-04; 8:45 am]
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