[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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