[Federal Register Volume 59, Number 167 (Tuesday, August 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21353]


[[Page Unknown]]

[Federal Register: August 30, 1994]


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DEPARTMENT OF JUSTICE
Drug Enforcement Administration

 

Nathaniel S. Lehrman, M.D.; Revocation of Registration

    On July 1, 1994, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Nathaniel S. Lehrman, M.D., of Roslyn, New York, 
proposing to revoke his DEA Certificate of Registration, AL0713417, 
under 21 U.S.C. 824(a)(3), (4), and (5), and deny any pending 
applications for registration as a practitioner under 21 U.S.C. 823(f). 
The basis for the Order to Show Cause was that Dr. Lehrman was no 
longer authorized by state law to handle controlled substances, that 
his continued registration would be inconsistent with the public 
interest, and that he had been excluded from participation in a program 
pursuant to 42 U.S.C. 1320a-7(a).
    The Order to Show Cause was sent by registered mail and delivered 
to Dr. Lehrman on July 9, 1994, at his registered location in Roslyn, 
New York. No response was received from Dr. Lehrman or anyone 
purporting to represent him.
    Pursuant to 21 CFR 1301.54(d), the Deputy Administrator finds that 
Dr. Lehrman has waived his opportunity for a hearing. The Deputy 
Administrator has carefully considered the investigative file in this 
matter, and enters his final order under the provisions of 21 CFR 
1301.57.
    The Deputy Administrator finds that Dr. Lehrman was convicted in 
the New York State Supreme Court in New York County of grand larceny in 
the second degree, conspiracy in the fourth degree, and offering a 
false instrument for filing on sixteen occasions. These convictions 
involved billing for services to the Medicaid program, which services 
also included improper prescribing of the Schedule IV controlled 
substance Valium. On October 20, 1992, the U.S. Department of Health 
and Human Services (HHS) excluded Dr. Lehrman from participation in the 
Medicare and Medicaid programs for a period of twenty five years. This 
exclusion was mandatory under the provisions of 42 U.S.C. 1320a-7(a) 
and was due to his conviction of a criminal offense related to the 
delivery of care under the Medicaid program. On April 9, 1993, the New 
York Department of Health, Board for Professional Medical Conduct, 
issued an order revoking Dr. Lehrman's medical license.
    The Administrator 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. See 
Bobby Watts, M.D., 53 FR 11919 (1987); Lawrence R. Alexander, M.D., 57 
FR 22256 (1992).
    Dr. Lehrman is not authorized to administer, dispense, prescribe, 
or otherwise handle controlled substances under the laws of the state 
in which he is registered with DEA. In light of this, the Deputy 
Administrator concludes that it is not necessary to address the other 
grounds, including whether Dr. Lehrman's continued registration is 
consistent with the public interest.
    Based on the foregoing, the Deputy Administrator concludes that Dr. 
Lehrman's registration must be revoked. 21 U.S.C. 824(a)(3). 
Accordingly, the 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 (59 FR 23637), hereby orders 
that DEA Certificate of Registration, AL0713417, previously issued to 
Nathaniel S. Lehrman, M.D., be, and it hereby is, revoked, and that any 
pending applications for registration, be, and they hereby are, denied. 
This order is effective August 30, 1994.

    Dated: August 24, 1994.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 94-21353 Filed 8-29-94; 8:45 am]
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