94-8287. Joseph Paul Mikalonis, M.D.; Denial of Application  

  • [Federal Register Volume 59, Number 67 (Thursday, April 7, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-8287]
    
    
    [[Page Unknown]]
    
    [Federal Register: April 7, 1994]
    
    
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    DEPARTMENT OF JUSTICE
    
    Drug Enforcement Administration
    
     
    
    Joseph Paul Mikalonis, M.D.; Denial of Application
    
        On January 28, 1994, the Deputy Assistant Administrator of the 
    Office of Diversion Control, Drug Enforcement Administration (DEA), 
    issued an Order to Show Cause to Joseph Paul Mikalonis, M.D. 
    (Respondent), of South Boston, Massachusetts, proposing to deny his 
    pending application for a DEA Certificate of Registration as a 
    practitioner under 21 U.S.C. 823(f). The proposed action was based on 
    Respondent's material falsification of his application for a DEA 
    Certificate of Registration submitted on July 20, 1992. In addition, 
    the Order to Show Cause alleged that Respondent issued anorectic 
    controlled substances as appetite suppressants, in violation of 
    applicable state law.
        The Order to Show Cause was sent to Respondent by registered mail. 
    More than thirty days have passed since the Order to Show Cause was 
    received by Respondent and the DEA has received no response thereto. 
    Pursuant to 21 CFR 1301.54(a) and 1301.54(d), Respondent is deemed to 
    have waived his opportunity for a hearing. Accordingly, the 
    Administrator now enters his final order in this matter without a 
    hearing and based upon the investigative file. 21 CFR 1301.57.
        The Administrator finds that Respondent submitted an application 
    for a DEA Certificate of Registration on July 20, 1992. Respondent 
    indicated on such application that he had never surrendered a DEA 
    Certificate of Registration for cause, when in fact, he had voluntarily 
    surrendered his prior DEA Certificate of Registration, AM1950371, for 
    cause, on May 20, 1992.
        Between December 1991 and May 1992, Respondent also issued numerous 
    prescriptions for anorectic controlled substances for purposes of 
    weight reduction. Under the laws of the Commonwealth of Massachusetts, 
    a physician is prohibited from prescribing anorectic controlled 
    substances for these purposes. Although Respondent eventually admitted 
    that the prescriptions were issued for the purpose of appetite 
    suppression, the prescriptions themselves indicated that they were 
    issued for other medical reasons.
        The Administrator may deny an application for a DEA Certificate of 
    Registration if he determines that the registration would be 
    inconsistent with the public interest. 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 laws 
    relating to controlled substances.
        (5) Such other conduct which may threaten the public health and 
    safety.''
        In determining whether a registration would be inconsistent with 
    the public interest, the Administrator is not required to make findings 
    with respect to each of the factors listed above. Instead, the 
    Administrator has the discretion to give each factor the weight he 
    deems appropriate, depending upon the facts and circumstances of each 
    case. See David E. Trawick, D.D.S., 53 FR 5326 (1988).
        In this proceeding factors two, four and five apply. Factors two 
    and four apply because Respondent prescribed numerous anorectic 
    controlled substances to patients for weight reduction in violation of 
    state law. Furthermore, Respondent issued these prescriptions under 
    false pretenses by indicating on the prescriptions that they were 
    issued for medical treatment other than weight reduction. Factor five 
    is established based upon Respondent's material falsification of his 
    application for a DEA Certificate of Registration, dated July 20, 1992.
        No evidence of explanation or mitigating circumstances has been 
    offered by Respondent. Therefore, the Administrator concludes that 
    Respondent's application for a DEA Certificate of Registration must be 
    denied.
        Accordingly, the 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), hereby orders that the application 
    executed by Joseph Paul Mikalonis, M.D., on July 20, 1992, for a DEA 
    Certificate of Registration as a practitioner, be, and it hereby is, 
    denied. This order is effective April 7, 1994.
    
        Dated: March 31, 1994.
    Thomas A. Constantine,
    Administrator.
    [FR Doc. 94-8287 Filed 4-6-94; 8:45 am]
    BILLING CODE 4410-09-M
    
    
    

Document Information

Published:
04/07/1994
Department:
Drug Enforcement Administration
Entry Type:
Uncategorized Document
Document Number:
94-8287
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: April 7, 1994