[Federal Register: June 7, 2005 (Volume 70, Number 108)]
[Notices]
[Page 33199-33200]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jn05-85]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 04-62]
Kennard Kobrin, M.D., Revocation of Registration
On June 28, 2004, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Kennard Kobrin, M.D., (Respondent) of Fall
River, Massachusetts, notifying him of an opportunity to show cause as
to why DEA should not revoke his DEA Certificate of Registration
AK8615013 as a practitioner pursuant to 21 U.S.C. 824(a)(2), (3) and
(4), and deny any pending applications for renewal or modification of
that registration pursuant to 21 U.S.C. 823(f). As a basis for
revocation, the Order to Show Cause alleged that Respondent had been
convicted of three state felony counts, which involved illegal
prescribing of a controlled substance and Medicaid fraud. As a part of
his sentence, the court ordered Respondent to cease prescribing any
medications for two years, effective August 28, 2003. Therefore, the
Government alleged that Respondent was no longer authorized to handle
controlled substances in Massachusetts, his state of practice and DEA
registration.
Respondent, through counsel, timely requested a hearing in this
matter and Presiding Administrative Law Judge Mary Ellen Bittner (Judge
Bittner) issued an Order for Prehearing Statements. After various
motions had been filed and addressed by Judge Bittner, on November 22,
2004, the Government filed its Request for Stay of Proceedings and
Motion for Summary Disposition (Motion). In that Motion it was asserted
that the Massachusetts Board of Registration in Medicine (Medical
Board) had revoked Respondent's license to practice medicine in that
state, effective December 17, 2004, and that as a result, he was no
longer authorized to handle controlled substances in the state where he
is registered with DEA. Attached to the Government's Motion was a copy
of the Medical Board's Final Decision & Order, dated November 17, 2004,
revoking Respondent's Massachusetts medical license as of December 17,
2004.
[[Page 33200]]
On November 29, 2004, Judge Bittner issued an order affording
Respondent an opportunity to respond to the Government's Motion. On
December 13 and 14, 2004, Respondent filed his response, objecting to a
summary disposition of the proceeding and requesting an indefinite
stay. In it, he argued that his state criminal convictions and the
Medical Board's revocation order were then-pending appear and they
should not be used as a basis for adverse action on his DEA
registration. However, Respondent did not deny that as of December 17,
2004, he was no longer licensed to practice medicine in Massachusetts.
On December 27, 2004, Judge Bittner issued her Opinion and
Recommended Decision of the Administrative Law Judge (Opinion and
Recommended Decision). In it, she granted the Government's Motion,
finding Respondent lacked authorization to handle controlled substances
in his state of DEA registration and she recommended that his
registration be revoked.
No exceptions were filed by either party to the Opinion and
Recommended Decision and on February 2, 2005, 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 Respondent currently holds DEA
Certificate of Registration AK8615013 as a practitioner and that on
November 17, 2004, the Massachusetts Medical Board revoked his license
to practice medicine in that state, effective as of December 17, 2004.
That action was predicated on Respondent's criminal convictions which
under Massachusetts law, either undermined the public's confidence in
the integrity of the medical profession or showed Respondent's lack of
moral character.
The Deputy Administrator therefore finds Respondent is not
currently licensed to practice medicine in Massachusetts and lacks
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 11,661 (2004), Dominick A. Ricci,
M.D., 58 FR 51,104 (1993); Bobby Watts, M.D., 53 FR 11,919 (1998).
Here, it is clear Respondent is not currently licensed to handle
controlled substances in Massachusetts, the jurisdiction in which he
holds a DEA registration. Therefore, he is not entitled to registration
in that state.
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 AK8615013, issued to Kennard Kobrin, 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
July 7, 2005.
Dated: May 25, 2005
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-11246 Filed 6-6-05; 8:45 am]
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