[Federal Register Volume 61, Number 77 (Friday, April 19, 1996)]
[Notices]
[Pages 17321-17322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9725]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Tej Pal Singh Jowhal, M.D.; Revocation of Registration
On August 28, 1995, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Tej Pal Singh Jowhal, M.D., (Respondent), of
South Miami, Florida, notifying him of an opportunity to show cause as
to why DEA should not revoke his DEA Certificate of Registration,
BJ3506170, under 21 U.S.C. 824(a)(3), and deny any pending applications
for registration pursuant to 21 U.S.C. 824(a)(4), because the Florida
Board of Medicine suspended his state license to practice medicine,
leaving him without state authorization to handle controlled
substances. Further, the Order asserted that the Respondent's continued
registration was not in the public interest, as that term is used in 21
U.S.C. 823(f), due to his failure to abide by the terms of a Memorandum
of Agreement entered into between him and the DEA in February of 1993.
The Order was mailed in the U.S. Mail, and a signed receipt dated
September 1, 1995, was returned to DEA. However, neither the Respondent
nor anyone purporting to represent him has replied to the Order to Show
Cause. More than thirty days have passed since the Order was served
upon the Respondent. Therefore, pursuant to 21 CFR 1301.54(d), the
Deputy Administrator finds that the Respondent has waived his
opportunity for a hearing on the issues raised by the Order to Show
Cause, and, after considering the investigative file, enters his final
order in this matter without a hearing pursuant to 21 CFR 1301.54(e)
and 1301.57.
The Deputy Administrator finds that the Respondent was issued DEA
Certificate of Registration BJ3506170, a restricted registration, for
his practice in Florida, after entering into a
[[Page 17322]]
Memorandum of Agreement wit DEA in February of 1993. Per the terms of
the agreement, the Respondent agreed to abide by all Federal, state and
local laws and regulations relating to controlled substances. He also
agreed that a violation of any provision of the agreement would result
in the initiation of proceedings to revoke the DEA Certificate of
Registration issued to him. Subsequently, the DEA received a copy of a
Final Order from the State of Florida, Agency for Health Care
Administration, Board of Medicine (Medical Board) dated April 26, 1995,
finding that the Respondent had engaged in conduct which violated
Florida law when he (1) provided substandard patient care by
administering excessive amounts of Nubain to a patient he knew was
addicted to the substance; and (2) improperly prepared prescriptions
for controlled substances on numerous occasions. As a result, the
Medical Board ordered, among other things, that the Respondent's
license to practice medicine in the State of Florida be suspended for a
period of five years.
The Deputy Administrator notes that the 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 his
business. 21 U.S.C. 802(21), 823(f), and 824(a)(3). This prerequisite
has been consistently upheld. See Dominick A. Ricci, M.D., 58 FR 51,104
(1993); James H. Nickens, M.D., 57 FR 59,847 (1992); Roy E. Hardman,
M.D., 57 FR 49,195 (1992); Myong S. Yi, M.D., 54 FR 30,618 (1989);
Bobby Watts, M.D., 53 FR 11,919 (1988).
Here, it is clear that the Respondent is not currently authorized
to practice medicine in the State of Florida. From this fact, the
Deputy Administrator infers that the Respondent lacks authorization to
handle controlled substances in Florida. Therefore, the Respondent
currently is not entitled to a DEA registration.
Also, pursuant to 21 U.S.C. 823(f) and 824(a)(4), the Deputy
Administrator may revoke a DEA Certificate of Registration, or deny a
pending application for registration, if he determines that the
continued registration would be inconsistent with the public interest.
Section 823(f) requires that the following factors 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 laws
relating to controlled substances.
(5) Such other conduct which may threaten the public health or
safety.
These factors are to be considered in the disjunctive; the Deputy
Administrator may rely on any one or a combination of factors and may
give each factor the weight he deems appropriate in determining whether
a registration should be revoked or an application for registration
denied. See Henry J. Schwarz, Jr., M.D., Docket No. 88-42, 54 FR 16422
(1989).
In this case, factors one, two, four, and five are relevant in
determining whether the Respondent's certificate should be revoked and
any pending application denied as being inconsistent with the public
interest. As to factor one, the Medical Board found that the
Respondent's acts of misconduct warranted suspension of his state
medical license for five years.
As to factors two, four, and five, the Deputy Administrator finds
relevant that, after reviewing the Respondent's conduct, the Medical
Board found that the Respondent had violated state law by improperly
preparing controlled substance prescriptions on numerous occasions, and
by providing substandard patient care, to include administering Nubian,
a non-controlled substance noted for having a low potential for abuse,
to a patient he knew was addicted to the drug. By engaging in conduct
which violated state law, the Respondent also violated provisions of
his Memorandum of Agreement with the DEA. As a result of this conduct,
the Deputy Administrator also finds that the public interest is best
served by revoking the Respondent's DEA Certificate of Registration.
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, hereby orders that DEA
Certificate of Registration BJ3506170, issued to Tej Pal Singh Jowhal,
M.D., be, and it hereby is, revoked. The Deputy Administrator further
orders that any pending applications for the renewal of such
registration be, and they hereby are, denied. This order is effective
May 20, 1996.
Dated: April 12, 1996.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 96-9725 Filed 4-18-96; 8:45 am]
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