[Federal Register Volume 59, Number 67 (Thursday, April 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8287]


[[Page Unknown]]

[Federal Register: April 7, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

 

Joseph Paul Mikalonis, M.D.; Denial of Application

    On January 28, 1994, the Deputy Assistant Administrator of the 
Office of Diversion Control, Drug Enforcement Administration (DEA), 
issued an Order to Show Cause to Joseph Paul Mikalonis, M.D. 
(Respondent), of South Boston, Massachusetts, proposing to deny his 
pending application for a DEA Certificate of Registration as a 
practitioner under 21 U.S.C. 823(f). The proposed action was based on 
Respondent's material falsification of his application for a DEA 
Certificate of Registration submitted on July 20, 1992. In addition, 
the Order to Show Cause alleged that Respondent issued anorectic 
controlled substances as appetite suppressants, in violation of 
applicable state law.
    The Order to Show Cause was sent to Respondent by registered mail. 
More than thirty days have passed since the Order to Show Cause was 
received by Respondent and the DEA has received no response thereto. 
Pursuant to 21 CFR 1301.54(a) and 1301.54(d), Respondent is deemed to 
have waived his opportunity for a hearing. Accordingly, the 
Administrator now enters his final order in this matter without a 
hearing and based upon the investigative file. 21 CFR 1301.57.
    The Administrator finds that Respondent submitted an application 
for a DEA Certificate of Registration on July 20, 1992. Respondent 
indicated on such application that he had never surrendered a DEA 
Certificate of Registration for cause, when in fact, he had voluntarily 
surrendered his prior DEA Certificate of Registration, AM1950371, for 
cause, on May 20, 1992.
    Between December 1991 and May 1992, Respondent also issued numerous 
prescriptions for anorectic controlled substances for purposes of 
weight reduction. Under the laws of the Commonwealth of Massachusetts, 
a physician is prohibited from prescribing anorectic controlled 
substances for these purposes. Although Respondent eventually admitted 
that the prescriptions were issued for the purpose of appetite 
suppression, the prescriptions themselves indicated that they were 
issued for other medical reasons.
    The Administrator may deny an application for a DEA Certificate of 
Registration if he determines that the registration would be 
inconsistent with the public interest. 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 
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.
    (5) Such other conduct which may threaten the public health and 
safety.''
    In determining whether a registration would be inconsistent with 
the public interest, the Administrator is not required to make findings 
with respect to each of the factors listed above. Instead, the 
Administrator has the discretion to give each factor the weight he 
deems appropriate, depending upon the facts and circumstances of each 
case. See David E. Trawick, D.D.S., 53 FR 5326 (1988).
    In this proceeding factors two, four and five apply. Factors two 
and four apply because Respondent prescribed numerous anorectic 
controlled substances to patients for weight reduction in violation of 
state law. Furthermore, Respondent issued these prescriptions under 
false pretenses by indicating on the prescriptions that they were 
issued for medical treatment other than weight reduction. Factor five 
is established based upon Respondent's material falsification of his 
application for a DEA Certificate of Registration, dated July 20, 1992.
    No evidence of explanation or mitigating circumstances has been 
offered by Respondent. Therefore, the Administrator concludes that 
Respondent's application for a DEA Certificate of Registration must be 
denied.
    Accordingly, the 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 the application 
executed by Joseph Paul Mikalonis, M.D., on July 20, 1992, for a DEA 
Certificate of Registration as a practitioner, be, and it hereby is, 
denied. This order is effective April 7, 1994.

    Dated: March 31, 1994.
Thomas A. Constantine,
Administrator.
[FR Doc. 94-8287 Filed 4-6-94; 8:45 am]
BILLING CODE 4410-09-M