[Federal Register Volume 70, Number 108 (Tuesday, June 7, 2005)]
[Notices]
[Pages 33199-33200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11246]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 04-62]


Kennard Kobrin, M.D., Revocation of Registration

    On June 28, 2004, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Kennard Kobrin, M.D., (Respondent) of Fall 
River, Massachusetts, notifying him of an opportunity to show cause as 
to why DEA should not revoke his DEA Certificate of Registration 
AK8615013 as a practitioner pursuant to 21 U.S.C. 824(a)(2), (3) and 
(4), and deny any pending applications for renewal or modification of 
that registration pursuant to 21 U.S.C. 823(f). As a basis for 
revocation, the Order to Show Cause alleged that Respondent had been 
convicted of three state felony counts, which involved illegal 
prescribing of a controlled substance and Medicaid fraud. As a part of 
his sentence, the court ordered Respondent to cease prescribing any 
medications for two years, effective August 28, 2003. Therefore, the 
Government alleged that Respondent was no longer authorized to handle 
controlled substances in Massachusetts, his state of practice and DEA 
registration.
    Respondent, through counsel, timely requested a hearing in this 
matter and Presiding Administrative Law Judge Mary Ellen Bittner (Judge 
Bittner) issued an Order for Prehearing Statements. After various 
motions had been filed and addressed by Judge Bittner, on November 22, 
2004, the Government filed its Request for Stay of Proceedings and 
Motion for Summary Disposition (Motion). In that Motion it was asserted 
that the Massachusetts Board of Registration in Medicine (Medical 
Board) had revoked Respondent's license to practice medicine in that 
state, effective December 17, 2004, and that as a result, he was no 
longer authorized to handle controlled substances in the state where he 
is registered with DEA. Attached to the Government's Motion was a copy 
of the Medical Board's Final Decision & Order, dated November 17, 2004, 
revoking Respondent's Massachusetts medical license as of December 17, 
2004.

[[Page 33200]]

    On November 29, 2004, Judge Bittner issued an order affording 
Respondent an opportunity to respond to the Government's Motion. On 
December 13 and 14, 2004, Respondent filed his response, objecting to a 
summary disposition of the proceeding and requesting an indefinite 
stay. In it, he argued that his state criminal convictions and the 
Medical Board's revocation order were then-pending appear and they 
should not be used as a basis for adverse action on his DEA 
registration. However, Respondent did not deny that as of December 17, 
2004, he was no longer licensed to practice medicine in Massachusetts.
    On December 27, 2004, Judge Bittner issued her Opinion and 
Recommended Decision of the Administrative Law Judge (Opinion and 
Recommended Decision). In it, she granted the Government's Motion, 
finding Respondent lacked authorization to handle controlled substances 
in his state of DEA registration and she recommended that his 
registration be revoked.
    No exceptions were filed by either party to the Opinion and 
Recommended Decision and on February 2, 2005, 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 Respondent currently holds DEA 
Certificate of Registration AK8615013 as a practitioner and that on 
November 17, 2004, the Massachusetts Medical Board revoked his license 
to practice medicine in that state, effective as of December 17, 2004. 
That action was predicated on Respondent's criminal convictions which 
under Massachusetts law, either undermined the public's confidence in 
the integrity of the medical profession or showed Respondent's lack of 
moral character.
    The Deputy Administrator therefore finds Respondent is not 
currently licensed to practice medicine in Massachusetts and lacks 
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 11,661 (2004), Dominick A. Ricci, 
M.D., 58 FR 51,104 (1993); Bobby Watts, M.D., 53 FR 11,919 (1998).
    Here, it is clear Respondent is not currently licensed to handle 
controlled substances in Massachusetts, the jurisdiction in which he 
holds a DEA registration. Therefore, he is not entitled to registration 
in that state.
    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 AK8615013, issued to Kennard Kobrin, 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 
July 7, 2005.

    Dated: May 25, 2005
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-11246 Filed 6-6-05; 8:45 am]
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