[Federal Register Volume 77, Number 16 (Wednesday, January 25, 2012)]
[Notices]
[Pages 3796-3797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1492]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Mladen Antolic, M.D.; Decision and Order

    On August 8, 2011, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration, issued an Order to 
Show Cause to Mladen Antolic, M.D. (Registrant), of Orlando, Florida. 
The Show Cause Order proposed the revocation of Registrant's DEA 
Certificate of Registration BA1325528, as a practitioner in Schedules 
II through V, on the ground that he does ``not have authority to 
practice medicine or handle controlled substances in the state of 
Florida.'' Show Cause Order at 1 (citing 21 U.S.C. 824(a)(3)).
    The Show Cause Order alleged that ``on or about March 29, 2011, the 
Florida Department of Health [had] ordered the emergency suspension of 
[Registrant's] medical license,'' and that he is thus ``without 
authority to handle controlled substances in the State of Florida, the 
state in which [he is] registered with DEA.'' Id. The Show Cause Order 
alleged that the state suspension was based on allegations that 
Registrant had engaged ``in sexual activity with patient(s),'' that he 
``[i]nappropriately dispens[ed], administer[ed] or otherwise provid[ed] 
controlled substances to individuals in [his] home as payment for sex 
or for recreational use,'' and that he had ``[a]dminister[ed] 
controlled substances to [him]self when such controlled substances were 
not prescribed to [him] by a practitioner authorized to prescribe, 
dispense or administer medicinal drugs.'' Id. at 1-2 (citing Fla. Sta. 
Sec.  458.331(1)(j), (q), (r)). In addition to the allegations, the 
Order 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 August 12, 2011, DEA Diversion Investigators personally served 
the Show Cause Order on Registrant, in the presence of his attorney. GX 
3 (Affidavit of DI). Since the date of service of the Order, thirty 
days have now have 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 a 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 of Registration 
BA1325528, which authorizes him to dispense controlled substances in 
Schedules II through V, as a practitioner, at the registered address of 
509 W. Colonial Drive, Orlando, Florida 32804. GX 1. His registration 
has an expiration date of June 30, 2012. Id.
    On March 29, 2011, the Acting State Surgeon General of the Florida 
Department of Health (DOH) issued to Registrant an Order of Emergency 
Suspension of License (hereinafter, DOH Order). GX 4, at 11. The State 
Surgeon General suspended Registrant's license based on findings that 
he violated Florida Statutes sections 458.331(1)(j) (exercising 
influence within a patient-physician relationship for purposes of 
engaging a patient in sexual activity), 458.331(1)(q) (inappropriately 
dispensing, administering or otherwise providing oxycodone, cocaine or 
Xanax to people at his home), and 458.331(1)(r) (engaging in 
prescribing, dispensing or administering any medicinal drug appearing 
on any schedule * * * to himself * * * except one prescribed * * * by 
another practitioner authorized to prescribe, dispense or administer 
medicinal drugs.). DOH Order, at 8-9.
    Registrant did not dispute or respond to the State's allegations. 
GX 5, at 1 (Final Order, at 2, Department of Health v. Mladen Antolic, 
M.D., DOH Case No. 2010-20687 (Fla. Bd. of Med. Oct. 6, 2010)). 
Accordingly, on October 6, 2011, the Florida Board of Medicine issued a 
final order revoking Registrant's state medical license. Id. at 2. I 
therefore find that Registrant currently lacks authority under Florida 
law to dispense controlled substances.

Discussion

    The Controlled Substances Act (CSA) grants the Attorney General 
authority to revoke 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.'' 21 U.S.C. 
824(a)(3). Moreover, DEA has long held that 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 Gerald T. Hanley, 53 FR 5658 (1988). This rule 
derives from the text of the CSA, which defines ``the term 
`practitioner' [to] mean[] a * * * physician * * * or other person 
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,'' 21 
U.S.C. 802(21), and which imposes, as a condition for obtaining a 
registration, that a practitioner be authorized to dispense controlled 
substances under the laws of the State in which he practices. See 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 dispense controlled substances is an essential condition for 
holding a DEA registration. See 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). Therefore, because

[[Page 3797]]

Registrant no longer has authority to dispense controlled substances in 
the State in which he holds his DEA registration and formerly engaged 
in professional practice, he is not entitled to maintain his DEA 
registration. See 21 U.S.C. 802(21), 823(f), and 824(a)(3). 
Accordingly, Registrant's registration will be revoked.

Order

    Pursuant to the authority vested in me by 21 U.S.C. 823(f) and 
824(a), as well as 28 CFR 0.100(b), I order that DEA Certificate of 
Registration BA1325528, issued to Mladen Antolic, M.D., be, and it 
hereby is, revoked. I further order that any pending application of 
Mladen Antolic, M.D., 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 that the State imposed its emergency 
suspension of Respondent's medical license, I conclude that the 
public interest requires that this Order be effective immediately. 
21 CFR 1316.66.

    Dated: December 23, 2011.
Michele M. Leonhart,
Administrator.
[FR Doc. 2012-1492 Filed 1-24-12; 8:45 am]
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