[Federal Register Volume 62, Number 131 (Wednesday, July 9, 1997)]
[Notices]
[Pages 36844-36845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17784]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Anne D. DeBlanco, M.D.; Denial of Application
On January 29, 1997, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Anne D. DeBlanco, M.D., of Fort Lauderdale,
Florida, notifying her of an opportunity to show cause as to why DEA
should not deny her application, dated May 26, 1995, for a DEA
Certificate of Registration as a practitioner pursuant to 21 U.S.C.
823(f), for reason that her registration would be inconsistent with the
public interest, as that term is used in 21 U.S.C. 823(f).
Specifically, the Order to Show Cause alleged that, ``(Dr. DeBlanco)
submitted a DEA application for registration, dated May 25, 1995, in
which (she) materially falsified a response by indicating `no' to a
question which asked in part `whether (she) had ever had a State
professional license or controlled substance registration revoked,
suspended, denied, restricted, or placed on probation.' (Dr. DeBlanco)
knew that on May 10, 1995, the State of Florida Board of Medicine had
placed (her) state medical license on probation for a period of three
years, and that the State of Ohio had revoked (her) license to practice
medicine in that state on May 9, 1990.'' The order also notified Dr.
DeBlanco that should no request for a hearing be filed within 30 days,
her hearing right would be deemed waived.
The DEA received a signed receipt indicating that the order was
received on February 10, 1997. No request for a hearing or any other
reply was received by the DEA from Dr. DeBlanco or anyone purporting to
represent her 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. DeBlanco is deemed to have waived her
hearing right. After considering the relevant material from the
investigative file in this matter, the Acting Deputy Administrator now
enters his final order
[[Page 36845]]
without a hearing pursuant to 21 C.F.R. 1301.43(d) and (3) and 1301.46.
The Acting Deputy Administrator finds that on or about September
18, 1989, Dr. DeBlanco was found guilty in the Common Pleas Court of
Franklin County, Ohio of one count of Medicaid fraud, one count of
grand theft, and ten counts of forgery as a result of allegations that
Dr. DeBlanco inappropriately billed Medicaid for services which she did
not provide. Thereafter, on May 11, 1990, the State Medical Board of
Ohio (Ohio Board) revoked Dr. DeBlanco's license to practice medicine
and surgery. Subsequently, in a Final Order dated May 10, 1995, the
State of Florida, Board of Medicine, (Florida Board) placed Dr.
DeBlanco's medical license on probation for three years subject to
various terms and conditions. This action was based upon convictions,
the action of the Ohio Board, and her failure to report the action of
the Ohio Board to the Florida Board.
On May 26, 1995, Dr. DeBlanco submitted an application for a DEA
Certificate of Registration. Dr. DeBlanco answered ``no'' to the
question which asked, ``Has the applicant ever been convicted of a
crime in connection with controlled substances under State or Federal
law, or ever surrendered or had a Federal controlled substance
registration revoked, suspended, restricted or denied, or ever had a
State professional license or controlled substance registration
revoked, suspended, denied, restricted or placed on probation?'' A DEA
investigator contacted Dr. DeBlanco to inquire about her negative
response to the question on the application. By letter dated August 17,
1995, Dr. DeBlanco indicated that she ``did not adequately understand
the question.'' Dr. DeBlanco stated that:
I have never been convicted of a crime concerning controlled
substances or had a DEA problem. I lost my Ohio license because of a
billing error. Case is no appeal, possibly will be over-turned at a
scheduled hearing September 29, 1995. Have had Florida license since
1977 with never a problem. Never been a question about my medical
care. My license is unrestricted on probation due to 1989 Ohio
problem. * * *
Pursuant to 21 U.S.C. Sec. 823(f), the Deputy Administrator may
deny an application for a DEA Certificate of Registration if he
determines that such registration would be inconsistent with the public
interest. In determining the public interest, the following factors are
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.
These factors are to be considered in the disjunctive; the Deputy
Administrator may rely on any one or combination of factors and may
give each factor the weight he deems appropriate in determining whether
a registration should be revoked or an application for registration be
denied. See Henry J. Schwarz, Jr., M.D., Docket No. 88-42, 54 FR 16422
(1989).
The Acting Deputy Administrator finds that there is no evidence
before him that Dr. DeBlanco has improperly dispensed controlled
substances or that she has been convicted of an offense relating to
controlled substances. However, it is undisputed that the Ohio Board
revoked her Ohio medical license and the Florida Board placed her
Florida medical license on probation for three years. In her August
1995 letter to DEA, Dr. DeBlanco alleged that the Ohio Board's action
was on appeal and could be overturned following a scheduled hearing in
September 1995, however, Dr. DeBlanco did not respond to the Order to
Show Cause and therefore did not present any evidence that the Ohio
Board's action has been overturned. Consequently, based upon the
evidence before him, the Acting Deputy Administrator concludes that Dr.
DeBlanco's Ohio medical license remains revoked.
Regarding factors four and five, the Acting Deputy Administrator
finds that Dr. DeBlanco violated 21 U.S.C. 843(a)(4) by indicating on
her application for registration that she had never had a State
professional license or controlled substance registration revoked,
suspended, denied, restricted or placed on probation, when in fact Ohio
had revoked her medical license in 1990, and Florida had placed her
license on probation for three years just weeks before she submitted
her application for registration with DEA. Dr. DeBlanco did not respond
to the Order to Show Cause and therefore did not offer any evidence
regarding the falsification. In her August 1995 letter to DEA, Dr.
DeBlanco indicated that she did not adequately understand the question.
However, the Acting Deputy Administrator finds that the question is
clearly worded and therefore concludes that Dr. DeBlanco falsified her
application for registration. It has been held in previous cases that,
``(s)ince DEA must rely on the truthfulness of information supplied by
applicants in registering them to handle controlled substances,
falsification can not be tolerated.'' Bobby Watts, M.D., 58 FR 46995
(1993); see also, Leonel Tano, M.D., 62 FR 22968 (1997).
The Acting Deputy Administrator concludes that based upon the
action taken against her medical licenses in Ohio and Florida, her
material falsification of her application for registration, and the
lack of any mitigating evidence offered in response to the Order to
Show Cause, Dr. DeBlanco's application must be denied at this time.
Accordingly, the Acting Deputy Administrator of the Drug
Enforcement Administration, pursuant to the authority vested in him by
21 U.S.C. 823 and 28 CFR 0.100(b) and 0.104, hereby orders that the
application, submitted by Anne D. Dr. DeBlanco, M.D., on May 26, 1995,
for a DEA Certificate of Registration, be, and it hereby is denied.
This order is effective August 8, 1997.
Dated: June 30, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-17784 Filed 7-8-97; 8:45 am]
BILLING CODE 4410-09-M
