[Federal Register Volume 62, Number 131 (Wednesday, July 9, 1997)]
[Notices]
[Pages 36844-36845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17784]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Anne D. DeBlanco, M.D.; Denial of Application

    On January 29, 1997, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Anne D. DeBlanco, M.D., of Fort Lauderdale, 
Florida, notifying her of an opportunity to show cause as to why DEA 
should not deny her application, dated May 26, 1995, for a DEA 
Certificate of Registration as a practitioner pursuant to 21 U.S.C. 
823(f), for reason that her registration would be inconsistent with the 
public interest, as that term is used in 21 U.S.C. 823(f). 
Specifically, the Order to Show Cause alleged that, ``(Dr. DeBlanco) 
submitted a DEA application for registration, dated May 25, 1995, in 
which (she) materially falsified a response by indicating `no' to a 
question which asked in part `whether (she) had ever had a State 
professional license or controlled substance registration revoked, 
suspended, denied, restricted, or placed on probation.' (Dr. DeBlanco) 
knew that on May 10, 1995, the State of Florida Board of Medicine had 
placed (her) state medical license on probation for a period of three 
years, and that the State of Ohio had revoked (her) license to practice 
medicine in that state on May 9, 1990.'' The order also notified Dr. 
DeBlanco that should no request for a hearing be filed within 30 days, 
her hearing right would be deemed waived.
    The DEA received a signed receipt indicating that the order was 
received on February 10, 1997. No request for a hearing or any other 
reply was received by the DEA from Dr. DeBlanco or anyone purporting to 
represent her 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. DeBlanco is deemed to have waived her 
hearing right. After considering the relevant material from the 
investigative file in this matter, the Acting Deputy Administrator now 
enters his final order

[[Page 36845]]

without a hearing pursuant to 21 C.F.R. 1301.43(d) and (3) and 1301.46.
    The Acting Deputy Administrator finds that on or about September 
18, 1989, Dr. DeBlanco was found guilty in the Common Pleas Court of 
Franklin County, Ohio of one count of Medicaid fraud, one count of 
grand theft, and ten counts of forgery as a result of allegations that 
Dr. DeBlanco inappropriately billed Medicaid for services which she did 
not provide. Thereafter, on May 11, 1990, the State Medical Board of 
Ohio (Ohio Board) revoked Dr. DeBlanco's license to practice medicine 
and surgery. Subsequently, in a Final Order dated May 10, 1995, the 
State of Florida, Board of Medicine, (Florida Board) placed Dr. 
DeBlanco's medical license on probation for three years subject to 
various terms and conditions. This action was based upon convictions, 
the action of the Ohio Board, and her failure to report the action of 
the Ohio Board to the Florida Board.
    On May 26, 1995, Dr. DeBlanco submitted an application for a DEA 
Certificate of Registration. Dr. DeBlanco answered ``no'' to the 
question which asked, ``Has the applicant ever been convicted of a 
crime in connection with controlled substances under State or Federal 
law, or ever surrendered or had a Federal controlled substance 
registration revoked, suspended, restricted or denied, or ever had a 
State professional license or controlled substance registration 
revoked, suspended, denied, restricted or placed on probation?'' A DEA 
investigator contacted Dr. DeBlanco to inquire about her negative 
response to the question on the application. By letter dated August 17, 
1995, Dr. DeBlanco indicated that she ``did not adequately understand 
the question.'' Dr. DeBlanco stated that:

    I have never been convicted of a crime concerning controlled 
substances or had a DEA problem. I lost my Ohio license because of a 
billing error. Case is no appeal, possibly will be over-turned at a 
scheduled hearing September 29, 1995. Have had Florida license since 
1977 with never a problem. Never been a question about my medical 
care. My license is unrestricted on probation due to 1989 Ohio 
problem. * * *

    Pursuant to 21 U.S.C. Sec. 823(f), the Deputy Administrator may 
deny an application for a DEA Certificate of Registration if he 
determines that such registration would be inconsistent with the public 
interest. In determining the public interest, the following factors are 
considered:
    (1) The recommendation of the appropriate State licensing board or 
professional disciplinary authority.
    (2) The applicant's experience in dispensing, or conducting 
research with respect to controlled substances.
    (3) The applicant's conviction record under Federal or State laws 
relating to the manufacture, distribution, or dispensing of controlled 
substances.
    (4) Compliance with applicable State, Federal, or local laws 
relating to controlled substances.
    (5) Such other conduct which may threaten the public health and 
safety.
    These factors are to be considered in the disjunctive; the Deputy 
Administrator may rely on any one or combination of factors and may 
give each factor the weight he deems appropriate in determining whether 
a registration should be revoked or an application for registration be 
denied. See Henry J. Schwarz, Jr., M.D., Docket No. 88-42, 54 FR 16422 
(1989).
    The Acting Deputy Administrator finds that there is no evidence 
before him that Dr. DeBlanco has improperly dispensed controlled 
substances or that she has been convicted of an offense relating to 
controlled substances. However, it is undisputed that the Ohio Board 
revoked her Ohio medical license and the Florida Board placed her 
Florida medical license on probation for three years. In her August 
1995 letter to DEA, Dr. DeBlanco alleged that the Ohio Board's action 
was on appeal and could be overturned following a scheduled hearing in 
September 1995, however, Dr. DeBlanco did not respond to the Order to 
Show Cause and therefore did not present any evidence that the Ohio 
Board's action has been overturned. Consequently, based upon the 
evidence before him, the Acting Deputy Administrator concludes that Dr. 
DeBlanco's Ohio medical license remains revoked.
    Regarding factors four and five, the Acting Deputy Administrator 
finds that Dr. DeBlanco violated 21 U.S.C. 843(a)(4) by indicating on 
her application for registration that she had never had a State 
professional license or controlled substance registration revoked, 
suspended, denied, restricted or placed on probation, when in fact Ohio 
had revoked her medical license in 1990, and Florida had placed her 
license on probation for three years just weeks before she submitted 
her application for registration with DEA. Dr. DeBlanco did not respond 
to the Order to Show Cause and therefore did not offer any evidence 
regarding the falsification. In her August 1995 letter to DEA, Dr. 
DeBlanco indicated that she did not adequately understand the question. 
However, the Acting Deputy Administrator finds that the question is 
clearly worded and therefore concludes that Dr. DeBlanco falsified her 
application for registration. It has been held in previous cases that, 
``(s)ince DEA must rely on the truthfulness of information supplied by 
applicants in registering them to handle controlled substances, 
falsification can not be tolerated.'' Bobby Watts, M.D., 58 FR 46995 
(1993); see also, Leonel Tano, M.D., 62 FR 22968 (1997).
    The Acting Deputy Administrator concludes that based upon the 
action taken against her medical licenses in Ohio and Florida, her 
material falsification of her application for registration, and the 
lack of any mitigating evidence offered in response to the Order to 
Show Cause, Dr. DeBlanco's application must be denied at this time.
    Accordingly, the Acting Deputy Administrator of the Drug 
Enforcement Administration, pursuant to the authority vested in him by 
21 U.S.C. 823 and 28 CFR 0.100(b) and 0.104, hereby orders that the 
application, submitted by Anne D. Dr. DeBlanco, M.D., on May 26, 1995, 
for a DEA Certificate of Registration, be, and it hereby is denied. 
This order is effective August 8, 1997.

    Dated: June 30, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-17784 Filed 7-8-97; 8:45 am]
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