[Federal Register Volume 76, Number 18 (Thursday, January 27, 2011)]
[Notices]
[Pages 4939-4940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1694]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
John M. Chois; Decision and Order
On September 27, 2010, the Deputy Assistant Administrator, Office
of Diversion Control, Drug Enforcement Administration, issued an Order
to Show Cause to John M. Chois, D.O. (Registrant), of Orlando, Florida.
The Show Cause Order proposed the revocation of Registrant's DEA
Certificate of Registration, BC6071904, as a practitioner, and the
denial of any pending applications to renew or modify his registration,
on the ground that he ``do[es] not have authority to handle controlled
substances in the [S]tate of Florida.'' Show Cause Order, at 1 (citing
21 U.S.C. 824(a)(3)).
More specifically, the Show Cause Order alleged that the Florida
Department of Health had ordered the emergency suspension of
Registrant's license to practice medicine. Id. The Order thus alleged
that Registrant is ``currently without authority to handle controlled
substance in the State of Florida, the [S]tate in which [Registrant is]
registered with DEA,'' and that as a consequence, his registration was
subject to revocation. Id. at 1-2. The Order also notified Registrant
of his right to request a hearing on the allegations or to submit a
written statement in lieu of a hearing, the procedure for doing either,
and the consequence for failing to do either. Id. at 2 (citing 21 CFR
1301.43).
On October 4, 2010, the Show Cause Order was served on Registrant
by Certified Mail, Return Receipt Requested, which was addressed to him
at his registered location. Since the date of service of the Order,
thirty (30) days have now passed and neither Registrant, nor anyone
purporting to represent him, has requested a hearing or submitted a
written statement in lieu of a hearing. I therefore find that
Registrant has waived his right to a hearing or to submit a written
statement in lieu of hearing, and issue this Decision and Final Order
based on relevant evidence contained in the record submitted by the
Government. 21 CFR 1301.43(d) & (e). I make the following findings of
fact.
Findings
Registrant is the holder of DEA Certificate Registration,
BC6071904, which authorizes him to dispense controlled substances in
Schedules II through V as a practitioner, at the registered address of
Advanced Aesthetics, 7425 Conroy Road, Orlando, Florida 32835. His
registration does not expire until August 31, 2013.
Registrant is an osteopathic physician licensed by the State of
Florida, who is board-certified in plastic surgery and hand surgery. On
August 6, 2010, the State Surgeon General, Florida Department of Health
(DOH), ordered the emergency suspension of Registrant's medical
license. In re John Michael Chois, D.O., Order of Emergency Suspension
of License, at 1 (Fla. DOH Aug. 6, 2010) (No. 2010-03967). The State
Surgeon General suspended Registrant's license because he failed to
comply with the DOH's order that he provide a hair sample for drug
testing and that he enter an approved inpatient evaluation program for
healthcare professionals with substance abuse problems. Id. at 9.
Registrant's license to practice medicine remains suspended as of
the date of this Order. Thus, Registrant is currently without authority
to handle controlled substances under the laws of the State of Florida,
the State in which he is registered with DEA.
Discussion
Under the Controlled Substances Act (CSA), a practitioner must be
currently authorized to handle controlled substances in ``the
jurisdiction in which he practices'' in order to maintain a DEA
registration. See 21 U.S.C. 802(21) (``[t]he term `practitioner' means
a physician * * * licensed, registered, or otherwise permitted, by * *
* the jurisdiction in which he practices * * * to distribute, dispense,
[or] administer * * * a controlled substance in the course of
professional practice''). See also id. Sec. 823(f) (``The Attorney
General shall register practitioners * * * if the applicant is
authorized to dispense * * * controlled substances under the laws of
the State in which he practices.''). As these provisions make plain,
possessing authority under state law to handle controlled substances is
an essential condition for obtaining and maintaining a DEA
registration.
Accordingly, DEA has held that revocation of a registration is
warranted whenever a practitioner's state authority to dispense
controlled substances has been suspended or revoked. David W. Wang, 72
FR 54297, 54298 (2007); Sheran Arden Yeates, 71 FR 39130, 39131 (2006);
Dominick A. Ricci, 58 FR 51104, 51105 (1993); Bobby Watts, 53 FR 11919,
11920 (1988). See also 21 U.S.C. 824(a)(3) (authorizing revocation of a
registration ``upon a finding that the registrant * * * has had his
State license or registration suspended [or] revoked * * * and is no
longer authorized by State law to engage in the * * * distribution [or]
dispensing of controlled substances'').
DEA has further held that revocation is warranted even where a
practitioner's state authority has been summarily suspended and the
State has yet to provide the practitioner with a hearing to challenge
the State's action and at which he may ultimately prevail. See Robert
Wayne Mosier, 75 FR 49950 (2010) (``revocation is warranted * * * even
in those instances where a practitioner's state license has only been
suspended, and there is the possibility of reinstatement''); accord
Bourne Pharmacy, 72 FR 18273, 18274 (2007). See also Alton E. Ingram,
Jr., 69 FR 22562 (2004); Anne Lazar Thorn, 62 FR 12847 (1997) (``the
controlling question is not whether a practitioner's license to
practice medicine in the state is suspended or revoked; rather, it is
whether the Respondent is currently authorized to handle controlled
substances'').
As found above, on August 6, 2010, the Florida Surgeon General
immediately suspended Registrant's state medical license. Because
Registrant is without authority to dispense controlled substances in
the State where he practices medicine and holds his DEA registration,
he is not entitled to maintain his registration. See 21 U.S.C. 802(21),
823(f), 824(a)(3). Accordingly, Registrant's registration will be
revoked and any pending application will be denied.
Order
Pursuant to the authority vested in me by 21 U.S.C. 823(f) and
824(a), as well as 21 CFR 0.100(b) and 0.104, I order that DEA
Certificate of Registration, BC6071904, issued to John M. Chois, D.O.,
be, and it hereby is, revoked. I further order that any pending
application of John M. Chois, D.O., to renew or modify his
registration, be, and it hereby is, denied. This Order is effective
immediately.\1\
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\1\ For the same reasons as cited in the State's Emergency
Suspension Order, I find that the public interest requires that this
Order be made effective immediately. See 21 CFR 1316.67.
[[Page 4940]]
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Dated: January 18, 2011.
Michele M. Leonhart,
Administrator.
[FR Doc. 2011-1694 Filed 1-26-11; 8:45 am]
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