[Federal Register Volume 76, Number 18 (Thursday, January 27, 2011)]
[Notices]
[Pages 4939-4940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1694]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


John M. Chois; Decision and Order

    On September 27, 2010, the Deputy Assistant Administrator, Office 
of Diversion Control, Drug Enforcement Administration, issued an Order 
to Show Cause to John M. Chois, D.O. (Registrant), of Orlando, Florida. 
The Show Cause Order proposed the revocation of Registrant's DEA 
Certificate of Registration, BC6071904, as a practitioner, and the 
denial of any pending applications to renew or modify his registration, 
on the ground that he ``do[es] not have authority to handle controlled 
substances in the [S]tate of Florida.'' Show Cause Order, at 1 (citing 
21 U.S.C. 824(a)(3)).
    More specifically, the Show Cause Order alleged that the Florida 
Department of Health had ordered the emergency suspension of 
Registrant's license to practice medicine. Id. The Order thus alleged 
that Registrant is ``currently without authority to handle controlled 
substance in the State of Florida, the [S]tate in which [Registrant is] 
registered with DEA,'' and that as a consequence, his registration was 
subject to revocation. Id. at 1-2. The Order also notified Registrant 
of his right to request a hearing on the allegations or to submit a 
written statement in lieu of a hearing, the procedure for doing either, 
and the consequence for failing to do either. Id. at 2 (citing 21 CFR 
1301.43).
    On October 4, 2010, the Show Cause Order was served on Registrant 
by Certified Mail, Return Receipt Requested, which was addressed to him 
at his registered location. Since the date of service of the Order, 
thirty (30) days have now passed and neither Registrant, nor anyone 
purporting to represent him, has requested a hearing or submitted a 
written statement in lieu of a hearing. I therefore find that 
Registrant has waived his right to a hearing or to submit a written 
statement in lieu of hearing, and issue this Decision and Final Order 
based on relevant evidence contained in the record submitted by the 
Government. 21 CFR 1301.43(d) & (e). I make the following findings of 
fact.

Findings

    Registrant is the holder of DEA Certificate Registration, 
BC6071904, which authorizes him to dispense controlled substances in 
Schedules II through V as a practitioner, at the registered address of 
Advanced Aesthetics, 7425 Conroy Road, Orlando, Florida 32835. His 
registration does not expire until August 31, 2013.
    Registrant is an osteopathic physician licensed by the State of 
Florida, who is board-certified in plastic surgery and hand surgery. On 
August 6, 2010, the State Surgeon General, Florida Department of Health 
(DOH), ordered the emergency suspension of Registrant's medical 
license. In re John Michael Chois, D.O., Order of Emergency Suspension 
of License, at 1 (Fla. DOH Aug. 6, 2010) (No. 2010-03967). The State 
Surgeon General suspended Registrant's license because he failed to 
comply with the DOH's order that he provide a hair sample for drug 
testing and that he enter an approved inpatient evaluation program for 
healthcare professionals with substance abuse problems. Id. at 9.
    Registrant's license to practice medicine remains suspended as of 
the date of this Order. Thus, Registrant is currently without authority 
to handle controlled substances under the laws of the State of Florida, 
the State in which he is registered with DEA.

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.''). As these provisions make plain, 
possessing authority under state law to handle controlled substances is 
an essential condition for obtaining and maintaining a DEA 
registration.
    Accordingly, DEA has held that revocation of a registration is 
warranted whenever a practitioner's state authority to dispense 
controlled substances has been suspended or revoked. David W. Wang, 72 
FR 54297, 54298 (2007); 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 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'').
    DEA has further held that revocation is warranted even where a 
practitioner's state authority has been summarily suspended and the 
State has yet to provide the practitioner with a hearing to challenge 
the State's action and at which he may ultimately prevail. See Robert 
Wayne Mosier, 75 FR 49950 (2010) (``revocation is warranted * * * even 
in those instances where a practitioner's state license has only been 
suspended, and there is the possibility of reinstatement''); accord 
Bourne Pharmacy, 72 FR 18273, 18274 (2007). See also Alton E. Ingram, 
Jr., 69 FR 22562 (2004); Anne Lazar Thorn, 62 FR 12847 (1997) (``the 
controlling question is not whether a practitioner's license to 
practice medicine in the state is suspended or revoked; rather, it is 
whether the Respondent is currently authorized to handle controlled 
substances'').
    As found above, on August 6, 2010, the Florida Surgeon General 
immediately suspended Registrant's state medical license. Because 
Registrant is without authority to dispense controlled substances in 
the State where he practices medicine and holds his DEA registration, 
he is not entitled to maintain his registration. See 21 U.S.C. 802(21), 
823(f), 824(a)(3). Accordingly, Registrant's registration will be 
revoked and any pending application will be denied.

Order

    Pursuant to the authority vested in me by 21 U.S.C. 823(f) and 
824(a), as well as 21 CFR 0.100(b) and 0.104, I order that DEA 
Certificate of Registration, BC6071904, issued to John M. Chois, D.O., 
be, and it hereby is, revoked. I further order that any pending 
application of John M. Chois, D.O., to renew or modify his 
registration, be, and it hereby is, denied. This Order is effective 
immediately.\1\
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    \1\ For the same reasons as cited in the State's Emergency 
Suspension Order, I find that the public interest requires that this 
Order be made effective immediately. See 21 CFR 1316.67.


[[Page 4940]]


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    Dated: January 18, 2011.
Michele M. Leonhart,
Administrator.
[FR Doc. 2011-1694 Filed 1-26-11; 8:45 am]
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