[Federal Register Volume 64, Number 119 (Tuesday, June 22, 1999)]
[Notices]
[Page 33321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15749]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Ahmed A. Shohayeb, M.D.; Denial of Applications

    On January 28, 1998, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Ahmed A. Shohayeb, M.D. of California, notifying 
him of an opportunity to show cause as to why DEA should not revoke his 
DEA Certificate of Registration BS4243591 pursuant to 21 U.S.C. 
824(a)(3), and deny any pending applications for renewal of such 
registration and two pending applications, executed on August 20, 1996, 
and September 11, 1996, for registration as a practitioner pursuant to 
21 U.S.C. 823(f), for reason that he is not currently authorized to 
handle controlled substances in the State of California. The order also 
notified Dr. Shohayeb that should no request for a hearing be filed 
within 30 days, his hearing right should be deemed waived.
    The Order to Show Cause was sent to Dr. Shohayeb by registered mail 
to his DEA registered address and to the addresses listed on his two 
applications for registration, but were returned to DEA unclaimed. A 
DEA investigator attempted to contact Dr. Shohayeb by telephone, but 
all telephone numbers listed for Dr. Shohayeb were disconnected. On 
February 27, 1998, the investigator went to the address listed on Dr. 
Shohayeb's driver's license and confirmed that Dr. Shohayeb lived at 
that address, however he was unable to talk to Dr. Shohayeb at that 
time. The investigator left a copy of the Order to Show Cause under the 
door.
    No request for a hearing or any other reply was received by the DEA 
from Dr. Shohayeb or anyone purporting to represent him in this matter. 
Therefore, the 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. Shohayeb is 
deemed to have waived his hearing right. After considering material 
from the investigative file in this matter, the Deputy Administrator 
now enters his final order without a hearing pursuant to 21 CFR 
1301.43(d) and (e) and 1301.46.
    The Deputy Administrator finds that there are indications in the 
file that Dr. Shohayeb's DEA Certificate of Registration BS4243591, 
expired on February 28, 1998, and that no renewal applications have 
been filed for this registration. Therefore the Deputy Administrator 
concludes that as of February 28, 1998, this registration was no longer 
valid, and as a result, there is noting to revoke. See Ronald J. 
Reigel, D.V.M., 63 FR 67,132 (1998). However, there are two pending 
applications for registration that must be addressed.
    The Deputy Administrator finds that effective May 23, 1997, the 
Medical Board of California (Board) revoked Respondent's license to 
practice medicine. The Board found that Dr. Shohayeb engaged in sexual 
misconduct with a patient; he engaged in acts of gross negligence; he 
advertised his practice of medicine using a name which was not his own 
or one which was approved by the Board; and he engaged in 
unprofessional conduct.
    The Deputy Administrator finds that Dr. Shohayeb is not currently 
licensed to practice medicine in the State of California and therefore, 
it is reasonable to infer that he is not currently 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. See 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. Shohayeb is not currently authorized to 
handle controlled substances in the State of California. As a result, 
he is not entitled to a DEA registration in that state.
    Accordingly, the 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 the 
applications, executed on August 20, 1996 and September 11, 1996 by 
Ahmed A. Shohayeb, M.D., for registration as a practitioner, be, and 
they hereby are, denied. This order is effective June 22, 1999.

    Dated: June 14, 1999.
Donnie R. Marshall,
Deputy Administrator.
[FR Doc. 99-15749 Filed 6-21-99; 8:45 am]
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