[Federal Register Volume 63, Number 137 (Friday, July 17, 1998)]
[Notices]
[Page 38670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19082]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Fred D. Oremland, M.D., Revocation of Registration
On January 13, 1998, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Fred D. Oremland, M.D., of California, notifying
him of an opportunity to show cause as to why DEA should not revoke his
DEA Certificate of Registration, AO4999592, under 21 U.S.C. 824(a)(3),
and deny any pending applications for renewal of such 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. Oremland 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 the order was
received on January 31, 1998. No request for a hearing or any other
reply was received by the DEA from Dr. Oremland 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. Oremland is deemed to have waived his
hearing right. After considering material from the investigative file
in this matter, the Acting Deputy Administrator now enters his final
order without a hearing pursuant to 21 C.F.R. 1301.43(d) and (e) and
1301.46.
The Acting Deputy Administrator finds that on August 23, 1995, the
Medical Board of California (Board) filed an Accusation against Dr.
Oremland alleging improper and excessive treatment; improper and
excessive billing; the creation of false medical records; repeated
violations of patient confidence; exploitation of a patient; excessive
prescribing of dangerous drugs and controlled substances; and
violations of statutory recordkeeping requirements. On June 25, 1996,
Dr. Oremland entered into a stipulation with the Board whereby he
agreed to surrender his physician and surgeon's certificate by October
1, 1996. In addition, Dr. Oremland agreed to waive his right to renew
his state certificate and to not seek reinstatement or relicensure for
at least three years. This stipulation was accepted by the Board by
Order dated July 17, 1996. A letter from the Board dated January 13,
1998, which is in the investigative file, indicates that Dr. Oremland's
California physician and surgeon's certificate was in fact surrendered.
The Acting Deputy Administrator finds that in light of the fact
that Dr. Oremland is not currently licensed to practice medicine in the
State of California, 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. 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. Oremland is not currently authorized to
handle controlled substances in the State of California. Therefore, Dr.
Oremland is not entitled to a DEA registration in that state.
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, AO4999592, previously issued to Fred
D. Oremland, 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 August 17, 1998.
Dated: July 10, 1998.
Donnie R. Marshall,
Acting Deputy Administrator.
[FR Doc. 98-19082 Filed 7-16-98; 8:45 am]
BILLING CODE 4410-09-M
