[Federal Register Volume 68, Number 158 (Friday, August 15, 2003)]
[Notices]
[Pages 48943-48944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20806]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 02-50]


Kanwaljit S. Serai, M.D.; Revocation of Registration

    On June 28, 2002, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Kanwaljit S. Serai, M.D. (Respondent). The Order 
to Show Cause notified the Respondent of an opportunity to show cause 
as to why DEA should not revoke his DEA Certificate of Registration, 
AS1852715, and deny any pending applications for renewal or 
modification of that registration. The Order to Show alleged in 
relevant part that the Respondent is not authorized to handle 
controlled substances in the State of Florida pursuant to 21 U.S.C. 
824(a)(3), and his continued registration would be inconsistent with 
the public interest as that term is used in 21 U.S.C. 824(a)(4) based, 
in part, upon allegations that the Respondent inappropriately treated 
five patients, and that on April 17, 2001, he was arrested and charged 
with six counts of delivery of a controlled substance.
    By letter dated July 17, 2002, the Respondent, through counsel, 
requested a hearing in this matter. On July 30, 2002, the presiding 
Administrative Law Judge Mary Ellen Bittner (Judge Bittner) issued an 
Order for Prehearing Statements. However, in lieu of filing a 
prehearing statement, the Government filed Government's Motion for 
Summary Judgement and Stay of Proceedings, arguing that the Respondent 
is without authorization to handle controlled substances in the State 
of Florida, and as a result, further proceedings in the matter were not 
required. Attached to the Government's motion was an Order of Emergency 
Suspension of License dated August 27, 2001, whereby the State Florida 
Department of Health (Department of Health) ordered the immediate 
suspension of the Respondent's license to practice medicine in that 
state.
    On August 15, 2002, Judge Bittner issued a Memorandum to Counsel 
staying the filing of prehearing statements and afforded the Respondent 
until September 4, 2002, to respond to the Government's Motion. The 
Respondent did not file a response.
    On September 18, 2002, Judge Bittner issued her Opinion and 
Recommended Decision of the Administrative Law Judge (Opinion and 
Recommended Decision). As part of her recommended ruling, Judge Bittner 
granted the Government's Motion for Summary Disposition and found that 
the Respondent lacked authorization to handle controlled substances in 
the State of Florida, the jurisdiction in which he is registered with 
DEA.
    In granting the Government's motion, Judge Bittner also recommended 
that the Respondent's DEA registration be revoked and any pending 
applications for modification or renewal be denied. Neither party filed 
exceptions to her Opinion and Recommended Decision, and on October 28, 
2002, Judge Bittner transmitted the record of these proceedings to the 
Office of the DEA Deputy Administrator.
    The Acting Administrator has considered the record in its entirety, 
and pursuant to 21 CFR 1316.67, hereby issues his final order based 
upon findings of fact and conclusions of law as hereinafter set forth. 
The Acting Administrator adopts, in full, the Opinion and Recommended 
Decision of the Administrative Law Judge.
    The Acting Administrator finds that the Respondent currently 
possesses DEA Certificate of Registration AS1852715, and is registered 
at an address in Tallahassee, Florida. That registration remains valid 
until February 28, 2004.
    The Acting Administrator further finds that on August 27, 2001, the 
Department of Health issued an Order of Emergency Suspension of License 
suspending the Respondent's license to practice medicine. The Acting 
Administrator's review of the Department of Health's suspension order 
reveals that in or around January 2000, the Respondent was found to 
have delivered controlled substances to

[[Page 48944]]

several patients as well as to an undercover law enforcement agent 
without medical justification. In further support of its suspension 
action, the Department of Health also found that the Respondent engaged 
in sexual misconduct with respect to his treatment of a patient.
    There is no evidence before the Acting Administrator that the 
suspension of the Respondent's medical license has been stayed or 
lifted. Therefore, the Acting Administrator finds that the Respondent 
is currently suspended from the practice of medicine in the State of 
Florida and as a result, it is reasonable to infer that he is also 
without authorization to handle controlled substances in that state.
    Pursuant to 21 U.S.C. 824(a), the Acting Administrator may revoke a 
DEA Certificate of Registration if he finds that the registrant has had 
his state license revoked and is no longer authorized to dispense 
controlled substances or has committed such acts as would render his 
registration contrary to the public interest as determined by factors 
listed in 21 U.S.C. 823(f). Thomas B. Pelkowski, D.D.S., 57 FR 28538 
(1992). Nevertheless, despite the findings of the Florida Department of 
Health related to the Respondent's inappropriate handling of controlled 
substances, his sexual misconduct with a patient, as well as other 
public interest factors for the revocation of his DEA registration 
asserted herein, the more relevant consideration here is the present 
status of the Respondent's state authorization to handle controlled 
substances.
    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 business. See, 21 U.S.C. 802(21), 
823(f) and 824(a)(3). This prerequisite has been consistently upheld. 
See Joseph Thomas Allevi, MD., 67 FR 35581 (2002); Dominick A. Ricci, 
MD., 58 FR 51104 (1993); Bobby Watts, MD., 53 FR 11919 (1988).
    Here, it is clear that the Respondent is not licensed to handle 
controlled substances in Florida, the state where he currently 
possesses a DEA registration. Therefore, the Respondent is not entitled 
to maintain that registration. Because the Respondent lacks state 
authorization to handle controlled substances, the Acting Administrator 
concludes that it is unnecessary to address whether the Respondent's 
DEA registration should be revoked based upon the public interest 
grounds asserted in the Order to Show Cause. See Samual Silas Jackson, 
67 FR 65145 (2002); Nathaniel-Aikens-Afful, MD., 62 FR 16871 (1997); 
Sam F. Moore, D.V.M., 58 FR 14428 (1993).
    Accordingly, the Acting 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, AS1852715, issued to Kanwaljit S. Serai, 
M.D., be, and it hereby is, revoked. The Acting Administrator further 
orders that any pending applications for renewal or modification of 
such registration be, and they hereby are, denied. This order is 
effective September 5, 2003.

    Dated: July 28, 2003.
William B. Simpkins,
Acting Administrator.
[FR Doc. 03-20806 Filed 8-14-03; 8:45 am]
BILLING CODE 4410-09-M