[Federal Register Volume 64, Number 119 (Tuesday, June 22, 1999)]
[Notices]
[Page 33321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15749]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Ahmed A. Shohayeb, M.D.; Denial of Applications
On January 28, 1998, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Ahmed A. Shohayeb, M.D. of California, notifying
him of an opportunity to show cause as to why DEA should not revoke his
DEA Certificate of Registration BS4243591 pursuant to 21 U.S.C.
824(a)(3), and deny any pending applications for renewal of such
registration and two pending applications, executed on August 20, 1996,
and September 11, 1996, for registration as a practitioner pursuant to
21 U.S.C. 823(f), for reason that he is not currently authorized to
handle controlled substances in the State of California. The order also
notified Dr. Shohayeb that should no request for a hearing be filed
within 30 days, his hearing right should be deemed waived.
The Order to Show Cause was sent to Dr. Shohayeb by registered mail
to his DEA registered address and to the addresses listed on his two
applications for registration, but were returned to DEA unclaimed. A
DEA investigator attempted to contact Dr. Shohayeb by telephone, but
all telephone numbers listed for Dr. Shohayeb were disconnected. On
February 27, 1998, the investigator went to the address listed on Dr.
Shohayeb's driver's license and confirmed that Dr. Shohayeb lived at
that address, however he was unable to talk to Dr. Shohayeb at that
time. The investigator left a copy of the Order to Show Cause under the
door.
No request for a hearing or any other reply was received by the DEA
from Dr. Shohayeb or anyone purporting to represent him in this matter.
Therefore, the 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. Shohayeb is
deemed to have waived his hearing right. After considering material
from the investigative file in this matter, the Deputy Administrator
now enters his final order without a hearing pursuant to 21 CFR
1301.43(d) and (e) and 1301.46.
The Deputy Administrator finds that there are indications in the
file that Dr. Shohayeb's DEA Certificate of Registration BS4243591,
expired on February 28, 1998, and that no renewal applications have
been filed for this registration. Therefore the Deputy Administrator
concludes that as of February 28, 1998, this registration was no longer
valid, and as a result, there is noting to revoke. See Ronald J.
Reigel, D.V.M., 63 FR 67,132 (1998). However, there are two pending
applications for registration that must be addressed.
The Deputy Administrator finds that effective May 23, 1997, the
Medical Board of California (Board) revoked Respondent's license to
practice medicine. The Board found that Dr. Shohayeb engaged in sexual
misconduct with a patient; he engaged in acts of gross negligence; he
advertised his practice of medicine using a name which was not his own
or one which was approved by the Board; and he engaged in
unprofessional conduct.
The Deputy Administrator finds that Dr. Shohayeb is not currently
licensed to practice medicine in the State of California and therefore,
it is reasonable to infer that he is not currently authorized to handle
controlled substances in that state. The DEA does not have the
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. See 21 U.S.C. 802(21), 823(f) and 824(a)(3).
This prerequisite has been consistently upheld. See Romeo J. Perez,
M.D., 62 FR 16,193 (1997); Demetris A. Green, M.D., 61 FR 60,728
(1996); Dominick A. Ricci, M.D., 58 FR 51,104 (1993).
Here it is clear that Dr. Shohayeb is not currently authorized to
handle controlled substances in the State of California. As a result,
he is not entitled to a DEA registration in that state.
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 the
applications, executed on August 20, 1996 and September 11, 1996 by
Ahmed A. Shohayeb, M.D., for registration as a practitioner, be, and
they hereby are, denied. This order is effective June 22, 1999.
Dated: June 14, 1999.
Donnie R. Marshall,
Deputy Administrator.
[FR Doc. 99-15749 Filed 6-21-99; 8:45 am]
BILLING CODE 4410-09-M
