[Federal Register Volume 62, Number 67 (Tuesday, April 8, 1997)]
[Notices]
[Pages 16871-16872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8944]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
James D. Okun, M.D.; Revocation of Registration
On August 6, 1996, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA) issued an
Order to Show Cause to James D. Okun, M.D., notifying him of an
opportunity to show cause as to why DEA should not revoke his DEA
Certificate of Registration, BO1821354, and deny any pending
applications for registration pursuant to 21 U.S.C. 823(f) and
824(a)(3), for reason that he is not currently authorized to handle
controlled substances in the State of Louisiana, where he is registered
with DEA. The order also notified Dr. Okun that should no request for a
hearing be filed within 30 days, his hearing right would be deemed
waived.
The DEA mailed the show cause order to Dr. Okun at his registered
address in Louisiana and at his residence in California. Subsequently,
the DEA received a signed, but undated, receipt showing that Dr. Okun
received the order sent to California. Government counsel asserts that
more than 30 days have passed since the signed return receipt was
received by the DEA. No request for a hearing or any other reply was
received by the DEA from Dr. Okun 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. Okun is deemed to have waived his hearing right. After
considering 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 1301.54(e) and 1301.57
[[Page 16872]]
The Acting Deputy Administrator finds that on July 29, 1995, the
Louisiana State Board of Medical Examiners (Board) issued an Opinion
and Ruling regarding Dr. Okun's license to practice medicine. The Board
found that Dr. Okun had entered a plea of nolo contendere to a charge
of assault with a dangerous weapon--an automobile; had answered
untruthfully a question on his 1992 license renewal application as to
whether he had been charged with a violation of any statute; and had
run an advertisement in a newspaper which contained false, fraudulent
or misleading representations. It was the Board's opinion that in order
to determine the appropriate sanction against his medical license, Dr.
Okun should be evaluated by a psychiatrist and then he should
personally appear before the Board. The Board ordered that if Dr. Okun
did not comply with these requirements within 60 days of the Board's
Opinion and Ruling, his medical license would be suspended until he
does comply. By letter dated October 27, 1995, the Board advised DEA
that Dr. Okun's license to practice medicine was suspended effective
September 27, 1995.
The Acting Deputy Administrator finds that there is no indication
that Dr. Okun has complied with the Board's requirements and therefore,
his medical license remains suspended. The Acting Deputy Administrator
concludes that it is reasonable to infer that since Dr. Okun is not
currently licensed to practice medicine in Louisiana, he is also 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 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).
Here, it is clear that Dr. Okun is not currently authorized to
handle controlled substances in the State of Louisiana. Consequently,
he is not entitled to a DEA registration in that state. While it
appears that Dr. Okun is currently living in California, he has not
submitted a request to modify his registration to that state.
Therefore, the DEA registration issued to him in Louisiana must be
revoked.
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, BO1821354, previously issued to James
D. Okun, M.D., be, and it hereby is, revoked. The Acting Deputy
Administrator further orders that any pending requests for renewal of
such registration, be, and they hereby are, denied. This order is
effective May 8, 1997.
Dated: April 1, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-8944 Filed 4-7-97; 8:45 am]
BILLING CODE 4410-09-M
