[Federal Register Volume 72, Number 184 (Monday, September 24, 2007)]
[Notices]
[Pages 54297-54298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18778]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


David W. Wang, M.D.; Revocation of Registration

    On August 7, 2006, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration, issued an Order to 
Show Cause to David W. Wang, M.D. (Respondent), of Orlando, Florida. 
The Show Cause Order proposed the revocation of Respondent's DEA 
Certificate of Registration, AW2834528, as a practitioner, and the 
denial of his pending application to renew the registration, on two 
grounds.
    First, the Show Cause Order alleged that Respondent had committed 
acts which render his continued registration inconsistent with the 
public interest. See 21 U.S.C. 824(a)(4). More specifically, the Show 
Cause Order alleged that Respondent had issued prescriptions for 
controlled substances to undercover operatives for no legitimate 
medical purpose and outside of the usual course of professional 
practice. Id. at 1-2.
    Second, the Show Cause Order alleged that on August 16, 2005, the 
Florida Department of Health ordered the emergency suspension of 
Respondent's state medical license and that the suspension remains in 
effect. Id. at 2. The Show Cause Order thus alleged that Respondent 
lacks ``state authorization to handle controlled substances,'' which is 
``a necessary prerequisite for DEA registration.'' Id. (citing 21 
U.S.C. 802(21), 823(f), & 824(a)(3)).
    On August 17, 2006, the Show Cause Order was served on Respondent 
by certified mail, return receipt requested. Thereafter, on September 
5, 2006, Respondent submitted a letter in which he ``den[ied] all of 
the allegations in the suspension of [his] Florida license,'' and 
stated that he was pursuing various state law remedies to obtain 
reinstatement of his medical license. Letter from Resp. to Hearing 
Clerk (Sep. 5, 2006).
    Respondent further requested that the DEA proceeding be continued 
until the state administrative proceeding was completed. Respondent 
stated that he was ``requesting to withdraw[] my renewal request and 
that [DEA] hold all proceedings against [his] DEA registration pending 
the outcome of the proceedings involving'' his medical license. Id. 
Respondent added that ``if there is no possible way to stop [the DEA] 
proceedings then I hereby request a formal hearing.'' Id. Respondent 
added, however, that he would need to have the DEA hearing ``postponed 
until I finish the'' Florida medical license proceedings.
    The case was assigned to Administrative Law Judge (ALJ) Mary Ellen 
Bittner. On September 25, 2006, the ALJ issued a Memorandum to the 
Parties regarding the issues Respondent raised in his letter. In the 
Memorandum, the ALJ denied Respondent's request ``to hold this 
proceeding in abeyance pending the resolution of the Florida licensure 
proceedings.'' Memorandum to Parties at 2. The ALJ further advised 
Respondent of the procedures that must be followed under DEA 
regulations to withdraw his renewal application. Id. The ALJ thus 
directed Respondent to advise her by October 16, 2006, whether he 
intended to withdraw his renewal application, or whether he intended to 
proceed with his request for a hearing. Id. at 3.
    Respondent did neither. Accordingly, on December 15, 2006, the 
Government moved to terminate the proceeding on the ground that 
Respondent had waived his right to a hearing. Motion to Terminate at 2.
    On December 18, 2006, the ALJ found that Respondent had ``waived 
his right to a hearing.'' Order Terminating Proceedings. The ALJ thus 
granted the Government's motion and ordered that the proceeding be 
terminated. Id.
    Thereafter, on June 11, 2007, the investigative file was forwarded 
to me for final agency action. Based on Respondent's failure to respond 
to the ALJ's Memorandum, I find that he has waived his right to a 
hearing. 21 CFR 1301.43(d). I therefore enter this Final Order without 
a hearing based on relevant material contained in the investigative 
file. Id. Sec.  1301.43(e). I make the following findings.

Findings

    Respondent is the holder of DEA Certificate of Registration, 
AW2834528, which authorizes him to handle controlled substances as a 
practitioner at the registered location of 3827 Landlubber Street, 
Orlando, Florida. Respondent's registration expired on May 31, 2006. 
Respondent, however, applied for a renewal of his registration on May 
24, 2006. Respondent's

[[Page 54298]]

registration has therefore remained in effect pending the issuance of 
this Final Order. See 5 U.S.C. 558(c).
    On August 19, 2005, the Secretary of the Florida Department of 
Health issued to Respondent an ``Amended Order of Emergency Suspension 
of License'' (hereinafter, State Order). The State Order alleged that 
Respondent had prescribed drugs including controlled substances ``other 
than in the course of the physician's professional practice.'' State 
Order at 23. The State Order further alleged that Respondent had 
``inappropriately and excessively prescribed controlled substances * * 
* to six undercover agents without performing adequate physical 
examinations of them; by repeatedly prescribing controlled substances 
to these patients without ascertaining the etiology of their pain; and 
by prescribing controlled substances to the patients without medical 
justification.'' Id. at 20.
    The State Order further alleged that ``[o]n or about August 16, 
2005, the Circuit Court for Brevard County, Florida issued an arrest 
warrant for [Respondent] based on charges of trafficking in hydrocodone 
over 28 grams in violation of [Fla. Stat. Sec.  893.135], and unlawful 
distribution of controlled substances in violation of'' Fla. Stat. 
Sec.  893.13. Id. Relatedly, the State Order alleged that on August 17, 
2005, Respondent was arrested by officers of the Melbourne, Florida 
Police Department. Id.
    The Order thus concluded that Respondent's ``continued practice as 
a physician constitutes an immediate serious danger to the health, 
safety, and welfare of the public,'' and ``immediately suspended'' his 
Florida medical license. Id. at 23-34. According to the online records 
of the Florida Department of Health, the emergency suspension order 
remains in effect.
    Moreover, according to the online records of the Brevard County 
Clerk of Courts, on July 17, 2006, Respondent was charged with two 
counts of trafficking in illegal drugs, a violation of Fla. Stat. Sec.  
893.135.1(c).1.C, and a first degree felony under Florida law. The 
criminal case remains pending.

Discussion

    Under the Controlled Substances Act (CSA), a practitioner must be 
currently authorized to handle controlled substances in ``the 
jurisdiction in which he practices'' in order to maintain a DEA 
registration. See 21 U.S.C. 802(21) (``[t]he term `practitioner' means 
a physician * * * licensed, registered, or otherwise permitted, by * * 
* the jurisdiction in which he practices * * * to distribute, dispense, 
[or] administer * * * a controlled substance in the course of 
professional practice''). See also id. Sec.  823(f) (``The Attorney 
General shall register practitioners * * * if the applicant is 
authorized to dispense * * * controlled substances under the laws of 
the State in which he practices.''). DEA has held repeatedly that the 
CSA requires the revocation of a registration issued to a practitioner 
whose state license has been suspended or revoked.\1\ See Sheran Arden 
Yeates, 71 FR 39130, 39131 (2006); Dominick A. Ricci, 58 FR 51104, 
51105 (1993); Bobby Watts, 53 FR 11919, 11920 (1988). See also 21 
U.S.C. 824(a)(3) (authorizing the revocation of a registration ``upon a 
finding that the registrant * * * has had his State license or 
registration suspended [or] revoked * * * and is no longer authorized 
by State law to engage in the * * * distribution [or] dispensing of 
controlled substances'').
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    \1\ DEA regulations allow a registrant to submit ``a written 
statement regarding such person's position on the matters of fact 
and law,'' along with a waiver of the opportunity for a hearing. 21 
CFR 1301.44(c). Even if I was to hold that Respondent's letter 
denying the allegations of the state suspension complied with this 
regulation, his statement is immaterial to the ground I rely on in 
revoking his registration.
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    As found above, on August 19, 2005, the Secretary of the Florida 
Department of Health immediately suspended Respondent's state medical 
license and that suspension remains in effect. Respondent is therefore 
without authority to handle controlled substances in the State in which 
he is registered and is not entitled to maintain his DEA registration.

Order

    Accordingly, pursuant to the authority vested in me by 21 U.S.C. 
823(f) & 824(a), as well as 28 CFR 0.100(b) & 0.104, I hereby order 
that DEA Certificate of Registration, AW2834528, issued to David W. 
Wang, M.D., be, and it hereby is, revoked. I further order that any 
pending applications for renewal or modification of such registration 
be, and they hereby are, denied. This order is effective October 24, 
2007.

    Dated: September 14, 2007.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E7-18778 Filed 9-21-07; 8:45 am]
BILLING CODE 4410-09-P