[Federal Register Volume 70, Number 89 (Tuesday, May 10, 2005)]
[Notices]
[Pages 24614-24615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9247]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Jay D. Angeluzzi, M.D.; Revocation of Registration

    On August 23, 2004, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Jay D. Angeluzzi, M.D. (Dr. Angeluzzi) who was 
notified of an opportunity to show cause as to why DEA should not 
revoke his DEA Certificate of Registration AA2504151, pursuant to 21 
U.S.C. 824(a)(3) and deny any pending applications under 21 U.S.C. 
823(f), on the ground that he lacked state authority to handle 
controlled substances in the State of Connecticut. The Order to Show 
Cause also notified Dr. Angeluzzi that should no request for a hearing 
be filed within 30 days, his hearing right would be deemed waived.
    The Order to Show Cause was sent by certified mail to Dr. Angeluzzi 
at his registered address of 9 Mott Avenue, Suite 106, Norwalk, 
Connecticut 06850. According to the return receipt of the Order, it was 
accepted on Dr. Angeluzzi's behalf on August 30, 2004. DEA has not 
received a request for hearing or any other reply from Dr. Angeluzzi 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 to the 
registrant's address of record and (2) no request for hearing having 
been received, concludes that Dr. Angeluzzi 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 that Dr. Angeluzzi is currently 
registered with DEA as a practitioner authorized to handle controlled 
substances in Schedules II through V under Certificate of Registration 
AA2504151, expiring on June 30, 2006. According to information in the 
investigative file, on February 6, 2004, the Connecticut Department of 
Public Health, Department of Healthcare Systems (Connecticut 
Department), filed a Statement of Charges and Motion for Summary 
Suspension against Dr. Angeluzzi.
    The Statement of Charges alleged that Dr. Angeluzzi, an 
anesthesiologist, suffers from a psychiatric or neurological illness 
that disables him from practicing medicine and that on July 8, 2003, he 
failed to meet the applicable standard of care during a caesarian 
section delivery of a baby. As a consequence of Dr. Angeluzzi's errors, 
the patient is in a permanent vegetative state. The day after this 
incident, Dr. Angeluzzi informed his medical partners that he had 
become completely disabled from the practice of medicine by reason of 
psychiatric and/or substance abuse conditions. On April 16, 2004, in 
settlement of the allegations, the Connecticut Department accepted a 
voluntary surrender of Dr. Angeluzzi's state medicine license. In his 
accompanying affidavit, Dr. Angeluzzi agreed that if he were to seek 
reinstatement of his license or applied for a new license, the 
allegations in the Statement of Charges woud be deemed to be true.
    There is no evidence before the Deputy Administrator to rebut a 
finding that Dr. Angeluzzi's Connecticut

[[Page 24615]]

medical license has been surrendered. Therefore, the Deputy 
Administrator finds that Dr. Angeluzzi is currently not authorized to 
practice medicine in the State of Connecticut. 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 Richard J. Clement, M.D., 68 FR 12,103 (2003); Dominick A. Ricci, 
M.D., 58 FR 51,104 (1993); Bobby Watts, M.D., 53 FR 11,919 (1988).
    Here, it is clear that Dr. Angeluzzi's state medical license was 
surrendered after disciplinary proceedings were initiated against him 
and there is no information before the Deputy Administrator indicating 
that his license has been reinstated or a new license issued. As a 
result, Dr. Angeluzzi is not authorized to practice medicine or handle 
controlled substances in Connecticut, where he is registered with DEA. 
Therefore, he is not entitled to maintain that registration.
    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, AA2504151, issued to Jay D. Angeluzzi, 
M.D., be, and it hereby is, revoked. The Deputy Administrator further 
orders that any pending applications for renewal or modification of the 
aforementioned registration be, and hereby are, denied. This order is 
effective June 9, 2005.

    Dated: May 2, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-9247 Filed 5-9-05; 8:45 am]
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