[Federal Register Volume 67, Number 97 (Monday, May 20, 2002)]
[Notices]
[Page 35584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12489]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Miguel Ramon Castillo-Inzunza, M.D.; Revocation of Registration

    On August 27, 2001, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause (OTSC) by certified mail to Miguel Ramon Castillo-
Inzunza, M.D., notifying him of an opportunity to show cause as to why 
the DEA should not revoke his DEA Certificate of Registration, 
BC3931955, 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), on the grounds that Dr. Castillo-Inzunza was not authorized by 
the State of California to practice medicine. The order also notified 
Dr. Castillo-Inzunza that should no request for hearing be filed within 
30 days, his right to a hearing would be deemed waived.
    Copies of the OTSC were sent to Dr. Castillo-Inzunza at his DEA 
registered premises in Santa Ana, California, the United States 
Penitentiary at Lom Poc, California, and to his attorney in La Jolla, 
California. The OTSC sent to Dr. Castillo-Inzunza's registered premises 
was returned, marked ``Undeliverable as addressed--forwarding order 
expired.'' The OTSC sent to Dr. Castillo-Inzunza's incarceration 
address was received on September 7, 2001, as indicated by the signed 
postal return receipt. The OTSC sent to Dr. Castillo-Inzunza's attorney 
was received September 11, 2001, as indicated by the signed postal 
return receipt. To date, no response has been received from Dr. 
Castillo-Inzunza nor anyone purporting to represent him.
    Therefore, the Deputy Administrator, finding that (1) 30 days 
having passed since the receipt of the Order to Show Cause, and (2) no 
request for a hearing having been received, concludes that Dr. 
Castillo-Inzunza is deemed to have waived his right to a hearing. 
Following a complete review of 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 as follows. Dr. Castillo-Inzunza 
currently possesses DEA Certificate of Registration BC3931955, issued 
to him in California. By Decision dated January 4, 2001, and effective 
January 11, 2001, the Medical Board of California, Division of Medical 
Quality (Board) adopted a Stipulated Surrender of Licenses and Order 
whereby Dr. Castillo-Inzunza, with advice of counsel, surrendered his 
California State Physician's and Surgeon's Certificate and his 
Physician Assistants Supervisor Approval to the Board.
    The Stipulated Surrender was based upon a series of charges 
outlined in an Accusation by the Board, dated April 12, 1999, that set 
forth five Causes for Discipline, to wit: (1) Aiding and Abetting the 
Unlicensed Practice of Medicine; (2) Gross Negligence and Repeated 
Negligent Acts; (3) Falsification and/or Alteration of Medical Records; 
(4) Violation of Drug Statutes and Dishonesty; and (5) Prescribing 
Without Good Faith Prior Examination and Medical Indication.
    The investigative file further reveals Dr. Castillo-Inzunza pleaded 
guilty in San Diego County Superior Court on or about November 6, 2000, 
to two counts of Unlawful Practice of Medicine with Serious Injury and 
was sentenced to two years in Federal prison (to run concurrently with 
his Federal conviction, infra) and a $400 fine.
    Dr. Castillo-Inzunza also pleaded guilty in the United States 
District Court for the Southern District of California on or about 
November 7, 2000, to Federal charges relating to the Unlawful 
Importation of Merchandise and Introduction into Interstate Commerce of 
Unapproved Drugs, and was sentenced to two years' incarceration, 
running concurrently with his California State conviction, followed by 
three years' probation and a $4,000 fine.
    Therefore, the Deputy Administrator concludes that Dr. Castillo-
Inzunza is not currently licensed or authorized to handle controlled 
substances in California.
    The DEA does not have the statutory authority pursuant to the 
Controlled Substances Act to issue or to maintain registration if the 
applicant or registrant is without state authority to handle controlled 
substances in the state in which he or she practices. See 21 U.S.C. 
823(f), and 824(a)(3). This prerequisite has been consistently upheld 
in prior DEA cases. See Graham Travers Schuler, M.D., 65 FR 50,570 
(2000); 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).
    In the instant case, the Deputy Administrator finds the Government 
has presented evidence demonstrating that Dr. Castillo-Inzunza is not 
authorized to practice medicine in California, and therefore, the 
Deputy Administrator infers that Dr. Castillo-Inzunza is also not 
authorized to handle controlled substances in California, the State in 
which he holds his DEA Certificate of Registration. Furthermore the 
Deputy Administrator finds pursuant to 21 U.S.C. 824(a)(2) that Dr. 
Castillo-Inzunza has been convicted of a felony relating to the 
controlled substances in that he caused his employees to illegally 
transport medications from Mexico into the United States, including 
codeine and other controlled drugs, in violation of 18 U.S.C. 371 and 
545. Dr. Castillo-Inzunza then caused his employees to remove the 
Spanish labels from the medications and replace them with new labels 
showing different lot numbers and expiration dates. Dr. Castillo-
Inzunza gave at least one of his patients these unlawful Mexican drugs.
    In addition, the Deputy Administrator finds pursuant to 21 U.S.C. 
824(a)(4) that Dr. Castillo-Inzunza has committed acts that render his 
registration inconsistent with the public interest, as determined 
pursuant to 21 U.S.C. 823(f). All five of the public interest factors 
are adversely implicated by the conduct of Dr. Castillo-Inzunza 
described above.
    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 DEA 
Certificate of Registration BC3931955, previously issued to Miguel 
Ramon Castillo-Inzunza, M.D., be, and it hereby is, revoked. The Deputy 
Administrator hereby further orders that any pending applications for 
renewal or modification of said registration be, and hereby are, 
denied. This order is effective June 19, 2002.

    Dated: May 6, 2002.
John B. Brown III,
Deputy Administrator.
[FR Doc. 02-12489 Filed 5-17-02; 8:45 am]
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