[Federal Register Volume 62, Number 172 (Friday, September 5, 1997)]
[Notices]
[Page 47045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23515]
[[Page 47045]]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Moshe B. Mirilashvilli, M.D.; Revocation of Registration
On June 9, 1997, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Moshe B. Mirilashvilli, M.D., of Syosset, New
York, notifying him of an opportunity to show cause as to why DEA
should not revoke his DEA Certificate of Registration BM0788868, 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 New York. The order also notified Dr.
Mirilashvilli 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 by Dr. Mirilashvilli on June 13, 1997. No request for a
hearing or any other reply was received by the DEA from Dr.
Mirilashvilli 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.
Mirilashvilli 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 CFR 1301.43 (d) and (e) and 1301.46.
The Acting Deputy Administrator finds that on January 22, 1996, the
State of New York Department of Health, State Board for Professional
Medical Conduct, Hearing Committee (Hearing Committee) issued a
Determination and Order revoking Dr. Mirilashvilli's license to
practice medicine. The Hearing Committee found that Dr. Mirilashvilli
practiced with negligence on more than one occasion; practiced with
gross negligence; failed to maintain records; and violated a state
regulation. The Hearing Committee's Determination and Order was stayed
pending review of its decision by the State of New York, Department of
Health, Administrative Review Board for Professional Medical Conduct
(Review Board). On June 7, 1996, the Review Board issued its Decision
and order sustaining the Hearing committee's finding that Dr.
Mirilashvilli was guilty of professional misconduct. The Review Board
voted unanimously to sustain the Hearing Committee's determination
revoking Dr. Mirilashvilli's license to practice medicine in the State
of New York.
The Acting Deputy Administrator finds that in light of the fact
that Dr. Mirilashvilli is not currently licensed to practice medicine
in the State of New York, 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., 63 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. Mirilashvilli is not currently authorized
to handle controlled substances in the State of New York. Therefore,
Dr. Mirilashvilli 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 BM0788868, previously issued to Moshe
B. Mirilashvilli, 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 28, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-23515 Filed 9-4-97; 8:45 am]
BILLING CODE 4410-09-M
