[Federal Register Volume 61, Number 133 (Wednesday, July 10, 1996)]
[Notices]
[Page 36396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17475]
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DEPARTMENT OF JUSTICE
Mukesh H. Shah, M.D.; Revocation of Registration
On May 23, 1995, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Mukesh H. Shah, M.D., (Respondent), of Cerritos,
California, notifying him of an opportunity to show cause as to why DEA
should not revoke his DEA Certificate of Registration, BS0619885, under
21 U.S.C. 824(a)(3), and deny any pending applications for renewal of
his registration as a practitioner under 21 U.S.C. 823(f), for the
reason that, by order dated April 5, 1994, the Medical Board of
California (Medical Board) ordered the revocation of his state license
to practice medicine, effective May 5, 1994. Further, the Show Cause
Order noted that, lacking a medical license, the Respondent was no
longer authorized to handle controlled substances in the State of
California. The order also notified the Respondent that, should no
request for a hearing be filed within 30 days, the hearing right would
be deemed waived.
The DEA mailed the show cause order to the Respondent at two
locations of record with the DEA, one in Cerritos, California, and a
second in Brea, California. Subsequently, the DEA received two signed
receipts from the United States Postal Service, showing that the orders
had been delivered. However, no request for a hearing or any other
reply was received by the DEA from the Respondent or anyone purporting
to represent him in this matter.
Therefore, the Deputy Administrator, finding that (1) thirty days
have passed since the issuance of the Order to Show Cause, and (2) no
request for a hearing was received, concludes that the Respondent is
deemed to have waived his hearing right. After considering relevant
material from the investigative file in this matter, the Deputy
Administrator now enters his final order without a hearing pursuant to
21 CFR 1301.54(e) and 1301.57.
The Deputy Administrator finds that, on April 5, 1994, the Medical
Board revoked the Respondent's license to practice medicine in the
State of California, effective May 4, 1994. This order was upheld by
the Los Angeles County Superior Court. From these facts, the Deputy
Administrator infers that, since the Respondent is not authorized to
practice medicine in California, he also lacks authorization 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);
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 neither currently
authorized to practice medicine nor to dispense controlled substances
in the State of California. Therefore, the Respondent currently is not
entitled to a DEA 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, BS0619885, previously issued to Mukesh H.
Shah, 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
August 9, 1996.
Dated: July 3, 1996.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 96-17475 Filed 7-9-96; 8:45 am]
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