[Federal Register Volume 62, Number 67 (Tuesday, April 8, 1997)]
[Notices]
[Pages 16871-16872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8944]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


James D. Okun, M.D.; Revocation of Registration

    On August 6, 1996, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA) issued an 
Order to Show Cause to James D. Okun, M.D., notifying him of an 
opportunity to show cause as to why DEA should not revoke his DEA 
Certificate of Registration, BO1821354, and deny any pending 
applications for registration pursuant to 21 U.S.C. 823(f) and 
824(a)(3), for reason that he is not currently authorized to handle 
controlled substances in the State of Louisiana, where he is registered 
with DEA. The order also notified Dr. Okun that should no request for a 
hearing be filed within 30 days, his hearing right would be deemed 
waived.
    The DEA mailed the show cause order to Dr. Okun at his registered 
address in Louisiana and at his residence in California. Subsequently, 
the DEA received a signed, but undated, receipt showing that Dr. Okun 
received the order sent to California. Government counsel asserts that 
more than 30 days have passed since the signed return receipt was 
received by the DEA. No request for a hearing or any other reply was 
received by the DEA from Dr. Okun or anyone purporting to represent him 
in this matter. Therefore, the Acting Deputy Administrator, finding 
that (1) 30 days have passed since the receipt of the Order to Show 
Cause, and (2) no request for a hearing having been received, concludes 
that Dr. Okun is deemed to have waived his hearing right. After 
considering relevant material from the investigative file in this 
matter, the Acting Deputy Administrator now enters his final order 
without a hearing pursuant to 21 CFR 1301.54(e) and 1301.57

[[Page 16872]]

    The Acting Deputy Administrator finds that on July 29, 1995, the 
Louisiana State Board of Medical Examiners (Board) issued an Opinion 
and Ruling regarding Dr. Okun's license to practice medicine. The Board 
found that Dr. Okun had entered a plea of nolo contendere to a charge 
of assault with a dangerous weapon--an automobile; had answered 
untruthfully a question on his 1992 license renewal application as to 
whether he had been charged with a violation of any statute; and had 
run an advertisement in a newspaper which contained false, fraudulent 
or misleading representations. It was the Board's opinion that in order 
to determine the appropriate sanction against his medical license, Dr. 
Okun should be evaluated by a psychiatrist and then he should 
personally appear before the Board. The Board ordered that if Dr. Okun 
did not comply with these requirements within 60 days of the Board's 
Opinion and Ruling, his medical license would be suspended until he 
does comply. By letter dated October 27, 1995, the Board advised DEA 
that Dr. Okun's license to practice medicine was suspended effective 
September 27, 1995.
    The Acting Deputy Administrator finds that there is no indication 
that Dr. Okun has complied with the Board's requirements and therefore, 
his medical license remains suspended. The Acting Deputy Administrator 
concludes that it is reasonable to infer that since Dr. Okun is not 
currently licensed to practice medicine in Louisiana, he is also not 
authorized to handle controlled substances in that state.
    The DEA does not have statutory authority under the Controlled 
Substances Act to issue or maintain a registration if the applicant or 
registrant is without state authority to handle controlled substances 
in the state in which he conducts his business. 21 U.S.C. 802(21), 
823(f) and 824(a)(3). This prerequisite has been consistently upheld. 
See Dominick A. Ricci, M.D., 58 FR 51,104 (1993); James H. Nickens, 
M.D., 57 FR 59,847 (1992); Roy E. Hardman, M.D., 57 FR 49,195 (1992).
    Here, it is clear that Dr. Okun is not currently authorized to 
handle controlled substances in the State of Louisiana. Consequently, 
he is not entitled to a DEA registration in that state. While it 
appears that Dr. Okun is currently living in California, he has not 
submitted a request to modify his registration to that state. 
Therefore, the DEA registration issued to him in Louisiana must be 
revoked.
    Accordingly, the Acting 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 Certificate of Registration, BO1821354, previously issued to James 
D. Okun, M.D., be, and it hereby is, revoked. The Acting Deputy 
Administrator further orders that any pending requests for renewal of 
such registration, be, and they hereby are, denied. This order is 
effective May 8, 1997.

    Dated: April 1, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-8944 Filed 4-7-97; 8:45 am]
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