[Federal Register: January 8, 2004 (Volume 69, Number 5)]
[Notices]
[Page 1304]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ja04-34]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Jong H. Bek, M.D., Revocation of Registration
On August 16, 2002, the Deputy Administrator of the Drug
Enforcement Administration (DEA), issued a Notice of Immediate
Suspension of Registration and Order to Show Cause to Jong H. Bek, M.D.
(Dr. Bek), notifying him of an opportunity to show cause as to why DEA
should not revoke his DEA Certificate of Registration, AB5580243, as a
practitioner, and deny any pending applications for renewal or
modification, for reason that Dr. Bek's continued registration would be
inconsistent with the public interest, as that term is used in 21
U.S.C. 824(a)(4). The Notice of Suspension, Order to Show Cause further
informed Dr. Bek of the suspension of his DEA Certificate of
Registration, as an imminent danger to the public health or safety
pursuant to 21 U.S.C. 824(d).
The Notice of Suspension, Order to Show Cause alleged, in part,
that Dr. Bek repeatedly prescribed controlled substances to undercover
law enforcement personnel without a legitimate medical purpose, and was
arrested on state felony murder charges after prescribing Xanax (a
Schedule IV controlled substance) to two patients who subsequently
overdosed on a combination of Xanax and heroin. It was further alleged
that on July 25, 2002, the Indiana Medical Board issued a 90-day
emergency suspension of Dr. Bek's medical license, thus, rendering him
without authorization to practice medicine or handle controlled
substances during the period of suspension. Finally the Notice of
Suspension, Order to Show Cause further notified Dr. Bek that should no
request for a hearing be filed within 30 days, her hearing right would
be deemed waived.
The Order to Show Cause was personally served on Dr. Bek on August
21, 2002 at a detention facility in Lake County, Indiana, where Dr. Bek
was awaiting trial on the above referenced felony charges. DEA has not
received a request for hearing or any other reply from Dr. Bek or
anyone purporting to represent him in this matter.
Therefore, the Acting Deputy Administrator of DEA, finding that (1)
thirty days having passed since the delivery of the Notice of
Suspension, Order to Show Cause to Dr. Bek, (2) no request for hearing
having been received, concludes that Dr. Bek 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
Acting Deputy Administrator now enters her final order without a
hearing pursuant to 21 CFR 1301.43(d) and (e) and 1301.46.
The Acting Deputy Administrator finds that Dr. Bek currently
possesses DEA Certificate of Registration AB5580243. A review of the
investigative file reveals that on August 31, 2002, the Indiana State
Medical Licensing Board (Board) issued an Order summarily suspending
Dr. Bek's medical license in that state. While not outlining the
specific basis for its action, the suspension order nevertheless
alleged that Dr. Bek was ``defending certain State of Indiana criminal
charges'' and that the matter was set for trial on April 28, 2003. The
Acting Deputy Administrator has recently received information that on
October 24, 2002, Dr. Bek and the Board entered into a Stipulation and
Agreement to Extension of Summary Suspension, whereby the parties
agreed that the suspension at issue would be extended ``until the
criminal charges against [Dr. Bek] are resolved and until the Board has
an opportunity to take final action on his license.''
The Acting Deputy Administrator has obtained a copy of a letter
dated October 16, 2003, from the Director of the Indiana Medical
Licensing Board, Health Professions Bureau to the Merrillville Resident
Office of DEA notifying that Dr. Bek's Indiana state medical license
remains suspended. The investigative file contains no evidence that the
agreed extension of the Board's suspension order regarding Respondent's
medical license has been lifted and the Acting Deputy Administrator has
received no evidence that Dr. Bek's medical license has been
reinstated. Therefore, the Acting Deputy Administrator finds that Dr.
Bek is not currently authorized to practice medicine in the State of
Indiana. 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 James F. Graves, M.D., 67 FR 70968 (2002); Dominick A. Ricci, M.D.,
58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
Here, it is clear that Dr. Bek's medical license is currently
suspended and therefore, he is not currently licensed to handle
controlled substances in the State of Indiana, the state where he
maintains a DEA controlled substance registration. Therefore, Dr. Bek
is not entitled to a DEA registration in that state. Because Dr. Bek is
not entitled to a DEA registration in Indiana due to his lack of state
authorization to handle controlled substances, the Acting Deputy
Administrator concludes that it is unnecessary to address whether his
registration should be revoked based upon the other grounds asserted in
the Notice of Immediate Suspension of Registration and Order to Show
Cause. 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 Acting 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 AB5580243, issued to Jong H. Bek, M.D.
be, and it hereby is, revoked. The Acting 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 February 9, 2004.
Dated: December 18, 2003.
Michele M. Leonhart,
Acting Deputy Administrator.
[FR Doc. 04-341 Filed 1-7-04; 8:45 am]
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