[Federal Register: May 10, 2005 (Volume 70, Number 89)]
[Notices]
[Page 24614-24615]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10my05-103]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Jay D. Angeluzzi, M.D.; Revocation of Registration
On August 23, 2004, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Jay D. Angeluzzi, M.D. (Dr. Angeluzzi) who was
notified of an opportunity to show cause as to why DEA should not
revoke his DEA Certificate of Registration AA2504151, pursuant to 21
U.S.C. 824(a)(3) and deny any pending applications under 21 U.S.C.
823(f), on the ground that he lacked state authority to handle
controlled substances in the State of Connecticut. The Order to Show
Cause also notified Dr. Angeluzzi that should no request for a hearing
be filed within 30 days, his hearing right would be deemed waived.
The Order to Show Cause was sent by certified mail to Dr. Angeluzzi
at his registered address of 9 Mott Avenue, Suite 106, Norwalk,
Connecticut 06850. According to the return receipt of the Order, it was
accepted on Dr. Angeluzzi's behalf on August 30, 2004. DEA has not
received a request for hearing or any other reply from Dr. Angeluzzi or
anyone purporting to represent him in this matter.
Therefore, the Deputy Administrator of DEA, finding that (1) thirty
days having passed since the delivery of the Order to Show Cause to the
registrant's address of record and (2) no request for hearing having
been received, concludes that Dr. Angeluzzi 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
Deputy Administrator now enters her final order without a hearing
pursuant to 21 CFR 1301.43(d) and (e) and 1301.46.
The Deputy Administrator finds that Dr. Angeluzzi is currently
registered with DEA as a practitioner authorized to handle controlled
substances in Schedules II through V under Certificate of Registration
AA2504151, expiring on June 30, 2006. According to information in the
investigative file, on February 6, 2004, the Connecticut Department of
Public Health, Department of Healthcare Systems (Connecticut
Department), filed a Statement of Charges and Motion for Summary
Suspension against Dr. Angeluzzi.
The Statement of Charges alleged that Dr. Angeluzzi, an
anesthesiologist, suffers from a psychiatric or neurological illness
that disables him from practicing medicine and that on July 8, 2003, he
failed to meet the applicable standard of care during a caesarian
section delivery of a baby. As a consequence of Dr. Angeluzzi's errors,
the patient is in a permanent vegetative state. The day after this
incident, Dr. Angeluzzi informed his medical partners that he had
become completely disabled from the practice of medicine by reason of
psychiatric and/or substance abuse conditions. On April 16, 2004, in
settlement of the allegations, the Connecticut Department accepted a
voluntary surrender of Dr. Angeluzzi's state medicine license. In his
accompanying affidavit, Dr. Angeluzzi agreed that if he were to seek
reinstatement of his license or applied for a new license, the
allegations in the Statement of Charges woud be deemed to be true.
There is no evidence before the Deputy Administrator to rebut a
finding that Dr. Angeluzzi's Connecticut
[[Page 24615]]
medical license has been surrendered. Therefore, the Deputy
Administrator finds that Dr. Angeluzzi is currently not authorized to
practice medicine in the State of Connecticut. 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 Richard J. Clement, M.D., 68 FR 12,103 (2003); Dominick A. Ricci,
M.D., 58 FR 51,104 (1993); Bobby Watts, M.D., 53 FR 11,919 (1988).
Here, it is clear that Dr. Angeluzzi's state medical license was
surrendered after disciplinary proceedings were initiated against him
and there is no information before the Deputy Administrator indicating
that his license has been reinstated or a new license issued. As a
result, Dr. Angeluzzi is not authorized to practice medicine or handle
controlled substances in Connecticut, where he is registered with DEA.
Therefore, he is not entitled to maintain that registration.
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, AA2504151, issued to Jay D. Angeluzzi,
M.D., be, and it hereby is, revoked. The Deputy Administrator further
orders that any pending applications for renewal or modification of the
aforementioned registration be, and hereby are, denied. This order is
effective June 9, 2005.
Dated: May 2, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-9247 Filed 5-9-05; 8:45 am]