[Federal Register Volume 62, Number 82 (Tuesday, April 29, 1997)]
[Notices]
[Pages 23268-23269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10915]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Samuel Wise Chang, M.D.; Revocation of Registration

    On October 24, 1996, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA) issued an 
Order

[[Page 23269]]

to Show Cause to Samuel Wise Chang, M.D., of Alexandria, Virginia, 
notifying him of an opportunity to show cause as to why DEA should not 
revoke his DEA Certificate of Registration, AC5597262, under 21 U.S.C. 
824 (a)(3) and (a)(4), and deny any pending applications for renewal of 
such registration as a practitioner under 21 U.S.C. 823(f), for reason 
that he is not authorized to handle controlled substances in the 
Commonwealth of Virginia, and his continued registration would be 
inconsistent with the public interest. The Order to Show Cause 
specifically alleged that:
    ``(1) In December 1993, a confidential informant informed the 
Alexandria (Virginia) police Vice Narcotics Section that (Dr. Chang) 
routinely dispensed and/or prescribed controlled substances for no 
legitimate medical purpose. In response to this information, law 
enforcement agents and confidential informants made 24 undercover 
visits to (Dr. Chang's) office between November 1993 and June 1994. On 
each occasion, (Dr. Chang) dispensed and/or prescribed controlled 
substances to these individuals for no legitimate medical purpose.
    ``(2) On February 6, 1995, (Dr. Chang was) indicted in the Circuit 
Court for the City of Alexandria, and charged with 24 counts of illegal 
distribution and/or prescribing of controlled substances in violation 
of Title 18 of the Virginia State Code.
    ``(3) On June 7, 1995, (Dr. Chang was) found guilty of 15 felony 
counts of illegal distribution of anabolic steroids and seven 
misdemeanor counts of unlawful prescribing of controlled substances. 
(Dr. Chang was) sentenced to one month confinement on each felony count 
with a fine of $10,000 per count, and (Dr. Chang was) further fined 
$2,000 on each misdemeanor count. The matter is currently on appeal.
    ``(4) On October 26, 1995, the Virginia Department of Health 
Professions ordered the suspension of (his) license to practice 
medicine. Therefore, (he is) not currently authorized to handle 
controlled substances in the Commonwealth of Virginia.''
    The Order to Show Cause also notified Dr. Chang 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. Chang 
received the order on November 4, 1996. No request for a hearing or any 
other reply was received by the DEA from Dr. Chang 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. Chang 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 1301.43 (d) 
and (e) and 1301.46.
    The Acting Deputy Administrator finds that on October 26, 1995, the 
Virginia Department of Health Professions suspended Dr. Chang's license 
to practice medicine in the Commonwealth of Virginia based upon the 
fact that Dr. Chang was convicted of 15 felony counts of distribution 
of stimulants. A letter to the DEA from the Virginia Department of 
Health Professions dated October 3, 1996, indicates that Dr. Chang has 
not sought reinstatement of his license to practice medicine and it 
therefore remains suspended. The Acting Deputy Administrator finds that 
since Dr. Chang is not currently authorized to practice medicine in the 
Commonwealth of Virginia, 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 Romeo J. Perex, M.D., 62 FR 16,193 (1997); Demetris A. Green M.D., 
61 FR 60,728 (1996); Eominick A. Ricci, M.D., 58 FR 51,104 (1993).
    Here, it is clear that Dr. Chang is not currently authorized to 
handle controlled substances in the Commonwealth of Virginia, where he 
is registered with DEA. Therefore, he is not entitled to maintain that 
registration. Because Dr. Chang is not entitled to a DEA registration 
in Virginia due to his lack of state authorization to handle controlled 
substances, the Acting Deputy Administrator concludes that it is 
unnecessary to address whether Dr. Chang's continued registration would 
be inconsistent with the public interest, as alleged 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, AC 5597262, previously issued to 
Samuel Wise Chang, 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 29, 1997.

    Dated: April 21, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-10915 Filed 4-28-97; 8:45 am]
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