97-23514. Steven Cohen, M.D.; Revocation of Registration  

  • [Federal Register Volume 62, Number 172 (Friday, September 5, 1997)]
    [Notices]
    [Page 47044]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-23514]
    
    
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    DEPARTMENT OF JUSTICE
    
    Drug Enforcement Administration
    
    
    Steven Cohen, M.D.; Revocation of Registration
    
        On February 25, 1997, the Deputy Assistant Administrator, Office of 
    Diversion Control, Drug Enforcement Administration (DEA), issued an 
    Order to Show Cause to Steven Cohen, M.D., of Mercersburg, 
    Pennsylvania, proposing the revocation of his DEA Certificate of 
    Registration BC0417104, and denial of any pending applications for 
    renewal of such registration as a practitioner pursuant to 21 U.S.C. 
    824(a)(3), for reason that he is not currently authorized to handle 
    controlled substances in the Commonwealth of Pennsylvania. The order 
    also advised that should no request for a hearing be filed within 30 
    days, his hearing right would be deemed waived.
        The Order to Show Cause was sent to Dr. Cohen by registered mail to 
    his DEA registered address, but was returned to DEA with the notation, 
    ``Moved, left no address''. DEA then sent the Order to Show Cause to an 
    address provided by the State Board of Medicine. The Order was not 
    returned to DEA, however there is no indication that it was received by 
    Dr. Cohen and DEA did not receive any response to the Order. DEA 
    investigators also attempted to personally deliver the Order to Show 
    Cause to Dr. Cohen without success. DEA then learned of another 
    possible address for Dr. Cohen in Hagerstown, Maryland. The Order sent 
    to this address was returned to DEA indicating that the addressee had 
    moved and left no forwarding address.
        The Acting Deputy Administrator finds that DEA has made numerous 
    attempts to locate Dr. Cohen and has determined that his whereabouts 
    are unknown. It is evident that Dr. Cohen is no longer practicing 
    medicine at the address listed on his DEA Certificate of Registration. 
    The Acting Deputy Administrator concludes that considerable effort has 
    been made to serve Dr. Cohen with the Order to Show Cause without 
    success. Dr. Cohen is therefore deemed to have waived his opportunity 
    for a hearing. The Acting Deputy Administrator now enters his final 
    order in this matter without a hearing and based on the investigative 
    file pursuant to 21 CFR 1301.43 (d) and (e) and 1301.46.
        The Acting Deputy Administrator finds that on August 22, 1995, the 
    Commonwealth of Pennsylvania, Department of State, Bureau of 
    Professional and Occupational Affairs, State Board of Medicine (Board) 
    issued an Adjudication and Order revoking Dr. Cohen's license to 
    practice medicine. The Board found that Dr. Cohen engaged in 
    unprofessional conduct involving the provision of a medical service at 
    a level beneath the accepted standard of care; unprofessional conduct 
    exhibiting a reckless indifference to the interests of the patient; and 
    unprofessional conduct involving the prescribing of a controlled 
    substance in a way other than for an acceptable medical purpose.
        The Acting Deputy Administrator finds that in light of the fact 
    that Dr. Cohen is not currently licensed to practice medicine in the 
    Commonwealth of Pennsylvania, it is reasonable to infer that he is not 
    currently 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 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. Cohen is not currently authorized to 
    handle controlled substances in the Commonwealth of Pennsylvania. 
    Therefore, Dr. Cohen 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 BC0417104, previously issued to Steven 
    Cohen, 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 October 6, 1997.
    
        Dated: August 27, 1997.
    James S. Milford,
    Acting Deputy Administrator.
    [FR Doc. 97-23514 Filed 9-4-97; 8:45 am]
    BILLING CODE 4410-09-M
    
    
    

Document Information

Published:
09/05/1997
Department:
Drug Enforcement Administration
Entry Type:
Notice
Document Number:
97-23514
Pages:
47044-47044 (1 pages)
PDF File:
97-23514.pdf