[Federal Register Volume 62, Number 67 (Tuesday, April 8, 1997)]
[Notices]
[Page 16871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8945]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Nathaniel Aikens-Afful, M.D.; Revocation of Registration
On August 1, 1996, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA) issued an
Order to Show Cause to Nathaniel Aikens-Afful, M.D., of Randallstown,
Maryland, notifying him of an opportunity to show cause as to why DEA
should not revoke his DEA Certificate of Registration, AA2585721, under
21 U.S.C. 824(a)(2), (a)(3), and (a)(4), and deny any pending
applications for registration pursuant to 21 U.S.C. 823(f), for reason
that he was convicted of a felony offense relating to controlled
substances, he is not authorized to handle controlled substances in the
State of Maryland, and his continued registration would be inconsistent
with the public interest. The order also notified Dr. Aikens-Afful that
should no request for a hearing be filed within 30 days, his hearing
right would be deemed waived.
The DEA received a signed receipt indicating that Dr. Aikens-Afful
received the order on August 5, 1996. No request for a hearing or any
other reply was received by the DEA from Dr. Aikens-Afful 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. Aikens-Afful is deemed to have
waived his hearing right. After considering the 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.
The Acting Deputy Administrator finds that on November 16, 1994,
the Maryland State Board of Physician Quality Assurance (Board) issued
an Order for Summary Suspension of License to Practice Medicine. The
Board found that Dr. Aikens-Afful wrote prescriptions for Percocet and
Roxicet, both Schedule II controlled substances, for individuals for no
legitimate medical purpose, and often in names of individuals that he
never saw. The Board found that Dr. Aikens-Afful would write these
prescriptions for friends and associates who would have the
prescriptions filled, sell the pills, and then provide Dr. Aikens-Afful
with some of the proceeds from these illegal sales.
There is no evidence in the record that Dr. Aikens-Afful's license
to practice medicine in the State of Maryland has been reinstated.
Therefore, the Acting Deputy Administrator finds that since Dr. Aikens-
Afful is not currently authorized to practice medicine in the State of
Maryland, it is reasonable to infer that he is 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. Aikens-Afful is not currently authorized
to handle controlled substances in the State of Maryland, where he is
registered with DEA. Therefore, he is not entitled to maintain that
registration. Because Dr. Aikens-Afful is not entitled to a DEA
registration in Maryland due to his lack of state authorization to
handle controlled substances, the Acting Deputy Administrator concludes
that it is unnecessary to address whether Dr. Aikens-Afful's
registration should be revoked based upon the other grounds asserted in
the Order to Show Cause.
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, AA2585721, previously issued to
Nathaniel Aikens-Afful, M.D., be, and it hereby is, revoked. The Acting
Deputy Administrator further orders that any pending applications for
the 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. 97-8945 Filed 4-7-97; 8:45 am]
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