[Federal Register Volume 69, Number 204 (Friday, October 22, 2004)]
[Notices]
[Pages 62091-62092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23717]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 04-40]


Sarfraz Mirza, M.D. Revocation of Registration

    On March 2, 2004, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Sarfraz Mirza, M.D. (Respondent) of Melbourne, 
FL, notifying him of an opportunity to show cause as to why DEA should 
not revoke his DEA Certificate of Registration, AM8413813, as a 
practitioner, pursuant to 21 U.S.C. 824(a)(3) and deny any pending 
applications for renewal of that registration pursuant to 21 U.S.C. 
823(f). As a basis for revocation, the Order to Show Cause alleged that 
the Florida Department of Health had ordered an immediate suspension of 
Respondent's license to practice medicine in Florida and accordingly, 
he was not authorized to handle controlled substances in the state in 
which he is registered.
    On May 17, 2004, through counsel, Respondent timely requested a 
hearing in this matter. On May 25, 2004, Administrative Law Judge Mary 
Ellen Bittner (Judge Bittner) issued the Government, as well as 
Respondent, an Order for Prehearing Statements.
    In lieu of filing a prehearing statement, the Government filed 
Government's Request for Stay of Proceedings and Motion for Summary 
Disposition. The Government argued Respondent was 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 a copy of the State of Florida, 
Department of Health's Order of Emergency Suspension of License, 
indefinitely suspending Respondent's license to practice medicine in 
Florida, effective as of July 29, 2003.
    On June 4, 2003, Judge Bittner issued a Memorandum to Counsel, 
staying the filing of prehearing statements and giving Respondent an 
opportunity to respond to the Government's motion. Respondent failed to 
file a response to the motion.
    On August 10, 2004, 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, finding the 
Respondent lacked authorization to handle controlled substances in 
Florida, the jurisdiction in which he is registered. Judge Bittner 
recommended that Respondent's DEA registration be revoked and any 
pending applications for renewal or modification of that registration 
be denied. No exceptions were filed by either party to Judge Bittner's 
Opinion and Recommended Decision and on September 15, 2004, the record 
of these proceedings was transmitted to the Office of the DEA Deputy 
Administrator.
    The Deputy Administrator has considered the record in its entirety 
and pursuant to 21 CFR 1316.67, hereby issues her final order based 
upon findings of fact and conclusions of law as hereinafter set forth. 
The Deputy Administrator adopts, in full, the Opinion and Recommended 
Decision of the Administrative Law Judge.
    The Deputy Administrator finds that Respondent holds DEA 
Certificate of Registration, AM8413813. The Deputy Administrator 
further finds that, effective as of July 29, 2003, the State of 
Florida, Department of Health issued its Order of Emergency Suspension 
of License, suspending Respondent's authority to practice as a 
physician in the State of Florida. There is no evidence in the record 
indicating that this suspension has been lifted, stayed or that 
Respondent's license has been reinstated. As a result, he is not 
currently authorized to prescribe, dispense, administer, or otherwise 
handle controlled substances in the State of Florida, his place of DEA 
registration.
    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 924(a)(3). This prerequisite has been consistently upheld. 
See Karen Joe Smiley, M.D., 68 FR 48,944 (2003); Dominick A. Ricci, 
M.D., 58 FR 51,104 (1993); Bobby Watts, M.D., 53 FR 11,919 (1988). 
Revocation is also appropriate when a state license has been suspended, 
but with a possibility of future reactivation. See Anne Lazar Thorn, 
M.D., 62 FR 12,847 (1997).
    Here, it is clear Respondent currently lacks authority to handle 
controlled substances in Florida, the state in which he is registered 
with DEA as a practitioner. Therrefore, DEA does not have authority to 
maintain Respondent's DEA Certificate of Registration for his Florida 
practice or to grant any pending applications for renewal or 
modification of that registration.

[[Page 62092]]

    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, AM8413813, issued to Safraz Mirza, M.D., 
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 22, 2004.

    Dated: October 5, 2004.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 04-23717 Filed-10-21-04; 8:45 am]
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