[Federal Register Volume 59, Number 19 (Friday, January 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1814]


[Federal Register: January 28, 1994]


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DEPARTMENT OF JUSTICE

Jayen C. Shah, M.D.; Revocation of Registration

    On September 23, 1993, the Deputy Assistant Administrator (then-
Director), Office of Diversion Control, Drug Enforcement Administration 
(DEA), issued an Order to Show Cause to Jayen C. Shah, M.D. of 624 
Benner Road, Allentown, Pennsylvania, proposing to revoke his DEA 
Certificates of Registration, AS2199328 (Missouri), AS2094756 
(Illinois), BS3036185 (Iowa), and BS3067142 (New Jersey); and deny his 
pending application for registration as a practitioner in Pennsylvania, 
for reason that his continued registration would be inconsistent with 
the public interest.
    The Order to Show Cause was sent by registered mail to Dr. Shah at 
his registered locations in St. Louis, Missouri; East St. Louis, 
Illinois; Waterloo, Iowa; Woodbury, New Jersey; and his most recent 
address in Allentown, Pennsylvania. The copy sent to the East St. Louis 
address was returned to the DEA by St. Mary Hospital with the notation 
that Dr. Shah was not at that address. Also, the hospital apparently 
forwarded a copy to Dr. Shah at a Fairview Heights, Illinois address, 
which copy was also returned to the DEA, with a notation that Dr. Shah 
was not there. The Waterloo, Iowa copy of the Order to Show Cause was 
returned to the DEA by Emergency Practice Associates with a notation 
that Dr. Shah is not an employee there. The Allentown, Pennsylvania 
copy was returned with the notation that delivery was refused and it 
indicated a forwarding postal box address in Ahmedabad, India for Dr. 
Shah. Delivery of the Order to Show Cause was accepted at the Woodbury, 
New Jersey and St. Louis, Missouri addresses on September 27, and 29, 
1993, respectively.
    Dr. Shah is no longer in practice or present at two of his 
registered locations. More than thirty days have passed since receipt 
of the Order to Show Cause and no response has been received from Dr. 
Shah or from any person purporting to represent him.
    Pursuant to 21 CFR 1301.54(d), the Acting Administrator finds that 
Dr. Shah has waived his opportunity for a hearing. The Acting 
Administrator has carefully considered the investigative file in this 
matter, and enters his final order under the provisions of 21 CFR 
1301.54(e) and 1301.57.
    The Acting Administrator finds that in January 1989, the Illinois 
Department of Professional Regulation initiated an investigation of Dr. 
Shah based on a complaint that he was over-prescribing the controlled 
substances Didrex and Dilaudid. At the same time, Missouri Bureau of 
Narcotics and Dangerous Drugs provided Illinois information that Dr. 
Shah had been regularly prescribing controlled substances such as 
Didrex, Dilaudid, Percodan, Halcion, Tylox, and Xanax to persons 
identified as ``professional patients''.
    The Acting Administrator finds that during the period October 1988 
through August 1989, Dr. Shah prescribed controlled substances to eight 
patients not for a legitimate medical purpose and not in the usual 
course of professional practice. Also, on three occasions during the 
period October 20, 1989 through November 10, 1989, Dr. Shah prescribed 
the controlled substances Tylox and Percodan for use by a person other 
than the name indicated on the prescription.
    The Acting Administrator finds that in October 1989, and at other 
times during 1988 and 1989, Dr. Shah sold a fraudulent prescription for 
the controlled substance Dilaudid in exchange for $400.00 cash, and on 
November 29, 1989, he sold a prescription for the controlled substance 
Percodan in exchange for $40.00 cash. Also, on November 14, 1989, Dr. 
Shah proposed to a patient and her relatives that he would provide them 
two controlled substance prescriptions per month in exchange for signed 
Medicare forms and secretarial services.
    The Acting Administrator further finds that the United States Air 
Force, Scott Air Force Base, Illinois, suspended Dr. Shah's clinical 
privileges based upon an allegation that he filed a false report in May 
1990. Based on the above Air Force action, on March 17, 1993, the State 
of Illinois Department of Professional Regulation suspended Dr. Shah's 
license to practice medicine indefinitely. On March 26, 1993, Dr. Shah 
voluntarily surrendered his medical license to the Missouri Board of 
Registration for the Healing Arts and is foreclosed from reinstatement 
for a period of seven years.
    Accordingly, the Acting Administrator concludes that Dr. Shah is 
not authorized to administer, dispense, prescribe, or otherwise handle 
controlled substances under the laws of Illinois and Missouri, both 
States in which he is registered to practice with DEA.
    The Administrator may revoke or suspend a DEA Certificate of 
Registration under 21 U.S.C. 824(a), upon a finding that the 
registrant:
    (1) Has materially falsified any application filed pursuant to or 
required by this subchapter or subchapter II of this chapter;
    (2) Has been convicted of a felony under this subchapter or 
subchapter II of this chapter or any other law of the United States, or 
of any State relating to any substance defined in this subchapter as a 
controlled substance;
    (3) Has had his State license or registration suspended, revoked, 
or denied by competent State authority and is no longer authorized by 
State law to engage in the manufacturing, distribution, or dispensing 
of controlled substances or has had the suspension, revocation, or 
denial of registration recommended by competent State authority;
    (4) Has committed such acts as would render his registration under 
section 823 of this title inconsistent with the public interest as 
determined under such section;
    (5) Has been excluded (or directed to be excluded) from 
participation in a program pursuant to Section 1320A-7(a) of Title 42.
    Pursuant to 21 U.S.C. 823(f), ``[i]n determining the public 
interest, the following factors will be considered:
    (1) The recommendation of the appropriate State licensing board or 
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.''
    It is well established that these factors are to be considered in 
the disjunctive, i.e., the Administrator may properly rely on any one 
or a combination of factors, and give each factor the weight he deems 
appropriate. Henry J. Schwarz, Jr., M.D., Docket No. 88-42, 54 FR 16422 
(1989).
    The Acting Administrator finds that the first, second, fourth, and 
fifth factors are relevant in this case. Here, the State licensing 
bodies of Illinois and Missouri have taken adverse action against Dr. 
Shah; Dr. Shah has improperly dispensed controlled substances without a 
legitimate medical purpose and outside the scope of usual professional 
practice; Dr. Shah has violated the Federal Controlled Substances Act 
and regulations pertaining to controlled substances; and Dr. Shah's 
propensity to sell controlled substances for cash or favors, and his 
improper conduct with the U.S. Air Force threaten the public health and 
safety. Furthermore, the Acting Administrator has no statutory 
authority to register practitioners if they are not licensed in the 
State in which they practice. DEA has consistently held that 
termination of a registrant's State authority to handle controlled 
substances requires that DEA revoke the registrant's DEA Certificate of 
Registration. Sam S. Misasi, D.O., 50 FR 11469 (1985); George P. 
Gotsis, M.D., 49 FR 33750 (1984); Henry Weitz, M.D., 46 FR 34858 
(1981).
    Based on all of the foregoing, the Acting Administrator concludes 
that Dr. Shah's continued registration is inconsistent with the public 
interest and must be revoked. 21 U.S.C. 823(f) and 824(a). Accordingly, 
the Acting 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), hereby orders that DEA Certificates of Registration, 
AS2199328, AS2094756, BS3036185, and BS3067142, previously issued to 
Jayen C. Shah, M.D., be, and they hereby are, revoked, and that his 
pending application for registration, be, and it hereby is, denied. 
This order is effective on February 28, 1994.

    Dated: January 21, 1994.
Stephen H. Greene,
Acting Administrator of Drug Enforcement.
[FR Doc. 94-1814 Filed 1-27-94; 8:45 am]
BILLING CODE 4410-09-M