[Federal Register Volume 69, Number 189 (Thursday, September 30, 2004)]
[Notices]
[Pages 58541-58542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21965]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Sheldon Kantor, D.P.M.; Revocation of Registration

    On March 28, 2003, the then-Acting Administrator of the Drug 
Enforcement Administration (DEA) issued an Order to Show Cause/
Immediate Suspension of Registration to Sheldon Kantor, D.P.M. (Dr. 
Kantor) of Hollywood, Florida. Dr. Kantor was notified of an 
opportunity to show cause as to why DEA should not revoke his DEA 
Certificate of Registration, AK4080545, as a practitioner, and deny any 
pending applications for renewal or modification of such registration 
pursuant to 21 U.S.C. 823(f) and 824(a) for reason that his continued 
registration would be inconsistent with the public interest. Dr. Kantor 
was further notified that his DEA registration was immediately 
suspended as an imminent danger to the public health and safety 
pursuant to 21 U.S.C. 824(d).
    The Order to Show Cause/Immediate Suspension alleged in relevant 
part, that during the week of February 24, 2003, and again on March 3, 
2003, DEA received information from a registered distributor of 
controlled substances that Dr. Kantor had ordered and received large 
quantities of Schedule III and IV controlled substances. In response, 
DEA investigators presented Dr. Kantor with a Notice of Inspection, 
however, he refused to consent to the inspection. While speaking with 
investigators, Dr. Kantor admitted he had not maintained a log of 
controlled substances dispensed. When an investigator inquired as to 
the location of previously received controlled substances, Dr. Kantor 
stated that they were in the trunk of his car. He then refused to 
disclose the whereabouts of that vehicle. The Order to Show Cause 
alleged that Dr. Kantor also refused to consent to a subsequent 
inspection of his registered location.
    The Order to Show Cause alleged that Dr. Kantor had been convicted 
in federal court and sentenced to 21 months imprisonment, commencing 
March 23, 2003, for his involvement in a scheme

[[Page 58542]]

to defraud the Medicare program of over one million dollars. The Order 
to Show Cause also outlined how one of Dr. Kantor's patient files 
revealed his distribution of large quantities of Schedule III and IV 
controlled substances to a single patient over a seven month period, 
including 19,200 dosage units of hydrocodone and four prescriptions for 
OxyContin, a Schedule II controlled substance, to that same patient. 
When DEA investigators executed a search warrant of the patient's 
residence on March 12, 2003, the search revealed the patient had 
several bottles of 100-count hydrocodone tablets. However, the vast 
majority of hydrocodone tablets, as well as other controlled 
substances, could not be accounted for.
    According to the investigative file, the Order to Show Cause/
Immediate Suspension of Registration was personally delivered to Dr. 
Kantor on March 31, 2003, at a federal detention center in Miami, 
Florida. More than thirty days have passed since the Order to Show 
Cause/Immediate Suspension of Registration was served on Dr. Kantor and 
DEA has not received a request for hearing or any other reply from Dr. 
Kantor or anyone purporting to represent him in this matter.
    Therefore, the Deputy Administrator of DEA, finding that (1) thirty 
days having passed since the delivery of the Order to Show Cause/
Immediate Suspension of Registration to Dr. Kantor, and (2) no request 
for hearing having been received, concludes that Dr. Kantor is deemed 
to have waived his hearing right. See David W. Linder, 67 FR 12579 
(2002). After considering material from the investigative file in this 
matter, the Deputy Administrator now enters her final order without a 
hearing pursuant to 21 CFR 1301.43(d) and (e) and 1301.46.
    The Deputy Administrator finds Dr. Kantor is currently registered 
with DEA as a practitioner under DEA Registration, AK4080545, in 
Schedules II through V. That registration expires on December 31, 2004. 
At the time DEA initiated action to revoke his DEA registration, Dr. 
Kantor was licensed under Florida law as a podiatrist. However, 
following the issuance and delivery of the Order to Show Cause/
Immediate Suspension of Registration, the Deputy Administrator obtained 
a copy of a Final Order adopted by the State of Florida, Board of 
Podiatric Medicine (Board) on November 20, 2003. A review of the Final 
Order reveals that on the above date, the Board permanently revoked Dr. 
Kantor's license of podiatry.
    The investigative file contains no evidence that the Board's Final 
Order revoking Dr. Kantor's podiatry license has been lifted, stayed or 
that his license has been reinstated. Therefore, the Deputy 
Administrator finds that Dr. Kantor is not currently authorized to 
practice 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.
    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 Stephen J. Graham, M.D., 69 FR 11661 (2004); Dominick A. Ricci, 
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
    Here, it is clear Dr. Kantor's podiatry license has been revoked 
and therefore, he is not currently licensed to handle controlled 
substances in Florida, the state where he maintains a DEA controlled 
substance registration. Therefore, Dr. Kantor is not entitled to a DEA 
registration in that state. Because Dr. Kantor is not entitled to a DEA 
registration in Florida due to his lack of state authorization to 
handle controlled substances, the Deputy Administrator concludes it is 
unnecessary to address whether his registration should be revoked based 
upon the public interest grounds asserted in the Order to Show Cause/
Immediate Suspension of Registration. See Fereida Walker-Graham, M.D., 
68 FR 24761 (2003); Nathaniel-Aikens-Afful, M.D., 62 FR 16871 (1997); 
Sam F. Moore, D.V.M., 58 FR 14428 (1993).
    Accordingly, the Deputy Administrator of the Drug Enforcement 
Administration, pursuant to the authority vested in her by 21 U.S.C. 
823 and 824 and 28 CFR 0.100(b) and 0.104, hereby orders that DEA 
Certificate of Registration, AK 4080545, issued to Sheldon Kantor, 
D.P.M. be, and it hereby is, revoked. The Deputy Administrator further 
orders that any pending applications for renewal or modification of 
such registration be, and they hereby are, denied. This order is 
effective November 1, 2004.

    Dated: September 13, 2004.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 04-21965 Filed 9-29-04; 8:45 am]
BILLING CODE 4410-09-M