[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]
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