[Federal Register Volume 60, Number 124 (Wednesday, June 28, 1995)]
[Notices]
[Page 33434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15865]



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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 94-58]


Lawson A. Akpulonu, M.D.; Revocation of Registration

    On May 16, 1994, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Lawson A. Akpulonu, M.D. (Respondent), who 
currently holds DEA Certificates of Registration in Los Angeles, Culver 
City, South Gate and El Monte, California, proposing to revoke his DEA 
Certificates of Registration, AA9426481, BA3296286, BA3386679 and 
BA3295931, as a practitioner, pursuant to 21 U.S.C. 824(a)(5). 
Specifically the Order to Show Cause alleged: between January 1981 and 
December 1990, Respondent submitted false Medicaid claims to the 
California Medical Assistance Program and, as a result, Respondent 
obtained over $15,000 to which he was not entitled; in March 1991, 
Respondent pled quality to and was convicted of one count of Section 
14107 of the California Welfare and Institution Code, presenting a 
false Medicaid claim, in the Municipal Court of Los Angeles Judicial 
District Court and as a result of such conviction, Respondent paid a 
$5,000 fine and was placed on probation; and effective October 15, 
1992, the Office of Inspector General, United States Department of 
Health and Human Services, excluded Respondent from participating in 
the Medicare program and in any State health care program pursuant to 
42 U.S.C. 1320a-7(a), for a period of five years.
    The Order to Show Cause was sent to Respondent by registered mail 
and Respondent submitted a timely request for a hearing. Pursuant to an 
order of the administrative law judge, the Government filed its 
prehearing statement. Although Respondent requested and was granted an 
extension of time in which to file his prehearing statement, he failed 
to file a prehearing statement or a second motion to extend the time to 
file his prehearing statement. Consequently, on October 20, 1994, the 
administrative law judge terminated the proceedings.
    Pursuant to 21 CFR 1301.54(d) and 1301.54(e), Respondent is deemed 
to have waived his opportunity for a hearing. Accordingly, the Deputy 
Administrator now enters his final order in this matter without a 
hearing and based upon the investigative file. 21 CFR 1301.57.
    The investigative file reveals that the Division of Medical 
Quality, Medical Board of California, Department of Consumer Affairs, 
State of California (Medical Board) suspended Respondent's medical 
license and his privilege to handle controlled substances, effective 
April 14, 1995. Although the Medical Board had a pending accusation 
against Respondent based upon allegations which included those set 
forth in the Order to Show Cause, the recent suspension was based upon 
new allegations that Respondent had committed sexual battery against 
female patients while these patients were under sedation.
    Since Respondent is not authorized to prescribe, dispense, 
administer or otherwise handle controlled substances in the State of 
California, the Deputy Administrator concludes that DEA does not have 
the statutory authority under the Controlled Substances Act to continue 
or renew the registrations if the registrant is without state authority 
to handle controlled substances. 21 U.S.C. 802(21) and 823(f). The DEA 
has consistently so held. See Roman Pla, M.D., Docket No. 86-54, 51 FR 
41168 (1986); George S. Heath, M.D., Docket No. 86-24, 51 FR 26610 
(1986); Dale D. Shahan, D.D.S., Docket No. 85-57, 51 FR 23481 (1986); 
and cases cited therein.
    Since this suspension is extant, it is not necessary to make 
findings pertaining to the allegations in the Order to Show Cause. 
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, hereby orders that DEA 
Certificates of Registration, AA9426481, BA3296286, BA3386679 and 
BA3295931, previously issued to Lawson A. Akpulonu, M.D., be, and they 
hereby are, revoked, and any pending applications for the renewal of 
such registrations be, and they hereby are, denied. This order is 
effective July 28, 1995.

    Dated: June 21, 1995.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 95-15865 Filed 6-27-95; 8:45 am]
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