[Federal Register Volume 62, Number 82 (Tuesday, April 29, 1997)]
[Notices]
[Pages 23268-23269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10915]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Samuel Wise Chang, M.D.; Revocation of Registration
On October 24, 1996, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA) issued an
Order
[[Page 23269]]
to Show Cause to Samuel Wise Chang, M.D., of Alexandria, Virginia,
notifying him of an opportunity to show cause as to why DEA should not
revoke his DEA Certificate of Registration, AC5597262, under 21 U.S.C.
824 (a)(3) and (a)(4), and deny any pending applications for renewal of
such registration as a practitioner under 21 U.S.C. 823(f), for reason
that he is not authorized to handle controlled substances in the
Commonwealth of Virginia, and his continued registration would be
inconsistent with the public interest. The Order to Show Cause
specifically alleged that:
``(1) In December 1993, a confidential informant informed the
Alexandria (Virginia) police Vice Narcotics Section that (Dr. Chang)
routinely dispensed and/or prescribed controlled substances for no
legitimate medical purpose. In response to this information, law
enforcement agents and confidential informants made 24 undercover
visits to (Dr. Chang's) office between November 1993 and June 1994. On
each occasion, (Dr. Chang) dispensed and/or prescribed controlled
substances to these individuals for no legitimate medical purpose.
``(2) On February 6, 1995, (Dr. Chang was) indicted in the Circuit
Court for the City of Alexandria, and charged with 24 counts of illegal
distribution and/or prescribing of controlled substances in violation
of Title 18 of the Virginia State Code.
``(3) On June 7, 1995, (Dr. Chang was) found guilty of 15 felony
counts of illegal distribution of anabolic steroids and seven
misdemeanor counts of unlawful prescribing of controlled substances.
(Dr. Chang was) sentenced to one month confinement on each felony count
with a fine of $10,000 per count, and (Dr. Chang was) further fined
$2,000 on each misdemeanor count. The matter is currently on appeal.
``(4) On October 26, 1995, the Virginia Department of Health
Professions ordered the suspension of (his) license to practice
medicine. Therefore, (he is) not currently authorized to handle
controlled substances in the Commonwealth of Virginia.''
The Order to Show Cause also notified Dr. Chang that should no
request for a hearing be filed within 30 days, his hearing right would
be deemed waived.
The DEA received a signed receipt indicating that Dr. Chang
received the order on November 4, 1996. No request for a hearing or any
other reply was received by the DEA from Dr. Chang or anyone purporting
to represent him in this matter. Therefore, the Acting Deputy
Administrator, finding that (1) 30 days have passed since the receipt
of the Order to Show Cause, and (2) no request for a hearing having
been received, concludes that Dr. Chang is deemed to have waived his
hearing right. After considering the relevant material from the
investigative file in this matter, the Acting Deputy Administrator now
enters his final order without a hearing pursuant to 21 CFR 1301.43 (d)
and (e) and 1301.46.
The Acting Deputy Administrator finds that on October 26, 1995, the
Virginia Department of Health Professions suspended Dr. Chang's license
to practice medicine in the Commonwealth of Virginia based upon the
fact that Dr. Chang was convicted of 15 felony counts of distribution
of stimulants. A letter to the DEA from the Virginia Department of
Health Professions dated October 3, 1996, indicates that Dr. Chang has
not sought reinstatement of his license to practice medicine and it
therefore remains suspended. The Acting Deputy Administrator finds that
since Dr. Chang is not currently authorized to practice medicine in the
Commonwealth of Virginia, it is reasonable to infer that he is not
authorized to handle controlled substances in that state.
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 Romeo J. Perex, M.D., 62 FR 16,193 (1997); Demetris A. Green M.D.,
61 FR 60,728 (1996); Eominick A. Ricci, M.D., 58 FR 51,104 (1993).
Here, it is clear that Dr. Chang is not currently authorized to
handle controlled substances in the Commonwealth of Virginia, where he
is registered with DEA. Therefore, he is not entitled to maintain that
registration. Because Dr. Chang is not entitled to a DEA registration
in Virginia due to his lack of state authorization to handle controlled
substances, the Acting Deputy Administrator concludes that it is
unnecessary to address whether Dr. Chang's continued registration would
be inconsistent with the public interest, as alleged in the Order to
Show Cause.
Accordingly, the Acting 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, AC 5597262, previously issued to
Samuel Wise Chang, M.D., be, and it hereby is, revoked. The Acting
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 29, 1997.
Dated: April 21, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-10915 Filed 4-28-97; 8:45 am]
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