[Federal Register Volume 59, Number 229 (Wednesday, November 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29405]
[[Page Unknown]]
[Federal Register: November 30, 1994]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Neville Jack, M.D., Revocation of Registration
On September 7, 1994, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Neville Jack, M.D., of Tampa, Florida, proposing
to revoke his DEA Certificate of Registration, BJ0575603, under 21
U.S.C. 824(a)(4) and (5), and deny any pending applications for
registration as a practitioner under 21 U.S.C. 823(f). The basis for
the Order to Show Cause was that Dr. Jack's continued registration
would be inconsistent with the public interest, and that he had been
excluded from participation in a program pursuant to 42 U.S.C. 1320a-
7(a).
The Order to Show Cause was sent by registered mail and delivered
to Dr. Jack on September 12, 1994, at his registered location in Tampa,
Florida. No response was received from Dr. Jack or anyone purporting to
represent him.
Pursuant to 21 CFR 1301.54(d), the Deputy Administrator finds that
Dr. Jack was waived his opportunity for a hearing. The Deputy
Administrator has carefully considered the investigative file in this
matter, and enters his final order under the provisions of 21 CFR
1301.57.
The Deputy Administrator finds that Dr. Jack was convicted, on
December 16, 1991, in the Circuit Court of Hillsborough County, Florida
upon his plea of nolo contendere, of seven misdemeanor counts of petit
theft related to the provision of Medicaid services. He was sentenced
to three years probation and ordered to pay restitution. On July 14,
1992, the Department of Health and Human Services (HHS) mandatorily
excluded Dr. Jack from the Medicare program for a period of five years
and directed that he be excluded from state programs pursuant to 42
U.S.C. 1320a-7(a) by virtue of his conviction of criminal offenses
defined in 42 U.S.C. 1128(a), and 1128(b)(1-3).
The Deputy Administrator further finds that on January 4, 1994, Dr.
Jack was convicted of the felony of retaliation against a witness in
the above noted state case and sentenced to four years probation.
The Deputy Administrator may revoke or suspend a DEA Certificate of
Registration under 21 U.S.C. 824(a), upon a finding that the
registrant:
(1) Has materially falsified any application filed pursuant to or
required by this subchapter or subchapter II of this chapter;
(2) Has been convicted of a felony under this subchapter or
subchapter II of this chapter or any other law of the United States, or
of any state relating to any substance defined in this subchapter as a
controlled substance;
(3) Has had his state license or registration suspended, revoked,
or denied by competent state authority and is no longer authorized by
state law to engage in the manufacturing, distribution, or dispensing
of controlled substances or has had the suspension, revocation, or
denial of registration recommended by competent state authority;
(4) Has committed such acts as would render his registration under
section 823 of this title inconsistent with the public interest as
determined under such section;
(5) Has been excluded (or directed to be excluded) from
participation in a program pursuant to Section 1320a-7(a) of Title 42.
Pursuant to 21 U.S.C. 823(f), ``[i]n determining the public
interest, the following factors will be considered:
(1) The recommendation of the appropriate State licensing board or
professional disciplinary authority.
(2) The applicant's experience in dispensing, or conducting
research with respect to controlled substances.
(3) The applicant's conviction record under Federal or State laws
relating to the manufacture, distribution, or dispensing of controlled
substances.
(4) Compliance with applicable State, Federal, or local was
relating to controlled substances.
(5) Such other conduct which may threaten the public health or
safety.''
It is well established that these factors are to be considered in
the disjunctive, i.e., the Deputy Administrator may properly rely on
any one or a combination of factors, and give each factor the weight he
deems appropriate. Henry J. Schwarz, Jr., M.D., Docket No. 88-42, 54 FR
16422 (1989).
The Deputy Administrator finds that Dr. Jack's conduct underlying
his state convictions threatens the public health and safety. Thus, his
continued registration is inconsistent with the public interest. The
Deputy Administrator further finds that Dr. Jack has been excluded from
participation in a program pursuant to 42 U.S.C. 1320a-7(a). Based on
the foregoing, the Deputy Administrator concludes that Dr. Jack's
registration must be revoked. 21 U.S.C. 824(a)(4) & (5).
Accordingly, the Deputy Administrator of the Drug Enforcement
Administration, pursuant to the authority vested in him by 21 U.S.C.
823 and 824 and 28 CFR 0.100(b) and 0.104 (59 FR 23637), hereby orders
that DEA Certificate of Registration, BJ0575603, previously issued to
Neville Jack, M.D., be, and it hereby is, revoked, and that any pending
applications for registration, be, and they hereby are, denied. This
order is effective December 30, 1994.
Dated: November 23, 1994.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 94-29405 Filed 11-29-94; 8:45 am]
BILLING CODE 4410-09-M
