[Federal Register Volume 64, Number 107 (Friday, June 4, 1999)]
[Notices]
[Page 30063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14101]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Pablo E. Melgarejo, M.D.; Revocation of Registration

    On November 17, 1998, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Pablo E. Melgarejo, M.D., of Orlando, Florida, 
notifying him of an opportunity to show cause as to why DEA should not 
revoke his DEA Certificate of Registration AM2026284 pursuant to 21 
U.S.C. 824(a)(3), and deny any pending applications for renewal of such 
registration pursuant to 21 U.S.C. 823(f), for reason that he is not 
currently authorized to handle controlled substances in the State of 
Florida. The order also notified Dr. Melgarejo that should no request 
for a hearing be filed within 30 days, his hearing right would be 
deemed waived.
    The Order to Show Cause was sent to Dr. Melgarejo by registered 
mail to his DEA registered address, but was returned with the notation 
``not deliverable as addressed, unable to forward.'' The Order to Show 
Cause was then sent to Dr. Melgarejo at another address in Florida. 
This time the order was returned to DEA with the notation that delivery 
had been refused. Information in the investigative file indicates that 
the records of the Florida State Attorney's Office in Orange County and 
the Florida Medical Board show that Dr. Melgarejo failed to appear at a 
criminal proceeding and has fled the United States.
    The Deputy Administrator finds that DEA has made numerous attempts 
to locate Dr. Melgarejo and has determined that his whereabouts are 
unknown. It is evident that Dr. Melgarejo is no longer practicing 
medicine at the address listed on his DEA Certificate of Registration. 
The Deputy Administrator concludes that considerable effort has been 
made to serve Dr. Melgarejo with the Order to Show Cause without 
success. Dr. Melgarejo is therefore deemed to have waived his 
opportunity for a hearing. The Deputy Administrator now enters his 
final order in this matter without a hearing and based on the 
investigative file pursuant to 21 CFR 1301.43(d) and (e) and 1301.46.
    The Deputy Administrator finds that on July 15, 1998, the Florida 
Board of Medicine issued an Order revoking Dr. Melgarejo's license to 
practice medicine effective July 21, 1998, based upon his sexual 
misconduct with patients.
    The Deputy Administrator finds that Dr. Melgarejo is not currently 
authorized to practice medicine in Florida. It is reasonable to infer 
that he is also not authorized to handle controlled substances in that 
state.
    The DEA does not have the 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. Perez, M.D., 62 FR 16,193 (1997); Demetris A. Green, M.D., 
61 FR 60,728 (1996); Dominick A. Ricci, M.D., 58 FR 51,104 (1993).
    Here it is clear that Dr. Melgarejo is not currently licensed to 
practice medicine or authorized to handle controlled substances in the 
State of Florida. Therefore, Dr. Melgarejo is not entitled to a DEA 
registration in that state.
    Accordingly, the Deputy Administration 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 AM2026284, previously issued to Pablo E. 
Melgarejo, M.D., be, and it hereby is, revoked. The Deputy 
Administrator further orders that any pending applications for the 
renewal of such registration, be, and they hereby are, denied. This 
order is effective July 6, 1999.

    Dated: May 25, 1999.
Donnie R. Marshall,
Deputy Administrator.
[FR Doc. 99-14101 Filed 6-3-99; 8:45 am]
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