[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: 94-1816]


[Federal Register: January 28, 1994]


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DEPARTMENT OF JUSTICE

Miguel A. Santos, M.D.; Denial of Application

    On April 5, 1993, the Deputy Assistant Administrator (then-
Director), Office of Diversion Control, Drug Enforcement Administration 
(DEA), issued an Ordered to Show Cause to Miquel A. Santos, M.D. 
(Respondent), HC-01 Box 6507, Bo. Magas Abajo, Guayamillas, Puerto Rico 
00656-9715. The Order to Show Cause sought to deny Respondent's 
application for a DEA Certificate of Registration, dated May 29, 1990, 
pursuant to 21 U.S.C. 823(f). The Order to Show Cause alleged that 
Respondent's registration would be inconsistent with the public 
interest.
    By letter dated May 19, 1993, Respondent waived his right to a 
hearing and presented a written statement regarding his position on the 
matters of fact and law set forth in the Order to Show Cause. Pursuant 
to 21 CFR 1301.57, the Administrator hereby issues his final order 
based on the investigative file and Respondent's written statement.
    The Acting Administrator finds that in February 1984 in Rabun 
County, Georgia, Respondent was indicted on twenty-one felony counts of 
violating the Georgia Controlled Substances Act. The indictment was 
based on Respondent's issuing prescriptions for various Schedule III 
controlled substances for other than legitimate medical purposes. By 
Order dated February 16, 1984, the Composite State Board of Medical 
Examiners of the State of Georgia (Georgia Board) concluded that 
Respondent's ability to practice medicine posed a threat to the public 
health, safety and welfare, and determined that emergency action was 
required. The Georgia Board therefore ordered Respondent to surrender 
his DEA Certificate of Registration, and any triplicate prescription 
forms and order forms. In addition, the Georgia Board suspended 
Respondent's license to practice medicine in the State of Georgia.
    On February 17, 1984, Respondent surrendered his DEA Certificate of 
Registration, AS1270660. Respondent pled guilty to all twenty-one 
felony counts and, on March 7, 1984, was sentenced to ten years 
probation, ordered to pay $12,000.00 and prohibited from returning to 
the Mountain Judicial Circuit for the period of probation.
    The investigative file reveals that on October 11, 1990, Respondent 
appeared before the Georgia Board to request reinstatement of his 
medical license. On December 26, 1990, the Georgia Board notified 
Respondent of its decision to deny his request. The investigative file 
also indicates that Respondent is authorized by the Commonwealth of 
Puerto Rico to handle controlled substances.
    In his letter of May 19, 1993, Respondent explained that he was 
currently practicing medicine in Ponce, Puerto Rico. Respondent also 
alleged that in 1984, he issued numerous prescriptions for controlled 
substances at the bequest of the Georgia Bureau of Investigation (GBI). 
Respondent claimed that he was working in cooperation with the GBI in 
the GBI's effort to ``break a ring of drug and arms'' trafficking.
    The Acting Administrator finds, however, that the investigative 
file, which contains voluminous reports from the GBI, does not support 
Respondent's assertion that he wrote the prescriptions at issue at the 
direction of the GBI. On the contrary, the investigative file indicates 
that the GBI had received information that Respondent was issuing 
prescriptions without valid medical reason and commenced an 
investigation. Special Agents from the GBI conducted several undercover 
operations and were able to obtain prescriptions from Respondent in the 
absence of a legitimate medical purpose.
    Section 823(f) of the Controlled Substances Act lists five factors 
which are to be considered when making a determination as to whether a 
registration would be in the public interest. These factors include: 
(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; and, (5) such other 
conduct which may threaten the public health and safety. The 
Administrator may rely on any one or any combination of these factors 
when determining whether an application should be denied or a 
registration revoked. See Neveille H. Williams, D.D.S., 51 FR 17556 
(1986); Anne L. Hendricks, M.D., 51 FR 41030 (1986).
    Pursuant to 21 U.S.C. 823(f), the Acting Administrator concludes 
that Respondent's registration would be inconsistent with the public 
interest. The Acting Administrator bases this conclusion on the actions 
of the Georgia Board, which has chosen not to reinstate Respondent's 
medical license, Respondent's past history of prescribing controlled 
substances in the absence of a legitimate medical reason, and 
Respondent's felony conviction relating to controlled substances.
    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 Respondent's 
application for a DEA Certificate of Registration be, and it hereby is, 
denied. This order is effective January 28, 1994.

    Dated: January 21, 1994.
Stephen H. Greene,
Acting Administrator of Drug Enforcement.
[FR Doc. 94-1816 Filed 1-27-94; 8:45 am]
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