[Federal Register: October 22, 2004 (Volume 69, Number 204)]
[Notices]
[Page 62091-62092]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22oc04-109]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 04-40]
Sarfraz Mirza, M.D. Revocation of Registration
On March 2, 2004, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Sarfraz Mirza, M.D. (Respondent) of Melbourne,
FL, notifying him of an opportunity to show cause as to why DEA should
not revoke his DEA Certificate of Registration, AM8413813, as a
practitioner, pursuant to 21 U.S.C. 824(a)(3) and deny any pending
applications for renewal of that registration pursuant to 21 U.S.C.
823(f). As a basis for revocation, the Order to Show Cause alleged that
the Florida Department of Health had ordered an immediate suspension of
Respondent's license to practice medicine in Florida and accordingly,
he was not authorized to handle controlled substances in the state in
which he is registered.
On May 17, 2004, through counsel, Respondent timely requested a
hearing in this matter. On May 25, 2004, Administrative Law Judge Mary
Ellen Bittner (Judge Bittner) issued the Government, as well as
Respondent, an Order for Prehearing Statements.
In lieu of filing a prehearing statement, the Government filed
Government's Request for Stay of Proceedings and Motion for Summary
Disposition. The Government argued Respondent was without authorization
to handle controlled substances in the State of Florida, and as a
result, further proceedings in the matter were not required. Attached
to the Government's motion was a copy of the State of Florida,
Department of Health's Order of Emergency Suspension of License,
indefinitely suspending Respondent's license to practice medicine in
Florida, effective as of July 29, 2003.
On June 4, 2003, Judge Bittner issued a Memorandum to Counsel,
staying the filing of prehearing statements and giving Respondent an
opportunity to respond to the Government's motion. Respondent failed to
file a response to the motion.
On August 10, 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, finding the
Respondent lacked authorization to handle controlled substances in
Florida, the jurisdiction in which he is registered. Judge Bittner
recommended that Respondent's DEA registration be revoked and any
pending applications for renewal or modification of that registration
be denied. No exceptions were filed by either party to Judge Bittner's
Opinion and Recommended Decision and on September 15, 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 Respondent holds DEA
Certificate of Registration, AM8413813. The Deputy Administrator
further finds that, effective as of July 29, 2003, the State of
Florida, Department of Health issued its Order of Emergency Suspension
of License, suspending Respondent's authority to practice as a
physician in the State of Florida. There is no evidence in the record
indicating that this suspension has been lifted, stayed or that
Respondent's license has been reinstated. As a result, he is not
currently authorized to prescribe, dispense, administer, or otherwise
handle controlled substances in the State of Florida, his place of 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 924(a)(3). This prerequisite has been consistently upheld.
See Karen Joe Smiley, M.D., 68 FR 48,944 (2003); Dominick A. Ricci,
M.D., 58 FR 51,104 (1993); Bobby Watts, M.D., 53 FR 11,919 (1988).
Revocation is also appropriate when a state license has been suspended,
but with a possibility of future reactivation. See Anne Lazar Thorn,
M.D., 62 FR 12,847 (1997).
Here, it is clear Respondent currently lacks authority to handle
controlled substances in Florida, the state in which he is registered
with DEA as a practitioner. Therrefore, DEA does not have authority to
maintain Respondent's DEA Certificate of Registration for his Florida
practice or to grant any pending applications for renewal or
modification of that registration.
[[Page 62092]]
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, AM8413813, issued to Safraz Mirza, 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 22, 2004.
Dated: October 5, 2004.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 04-23717 Filed-10-21-04; 8:45 am]
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