[Federal Register: July 14, 2008 (Volume 73, Number 135)]
[Notices] [Page 40382-40383] From the Federal Register Online
via GPO Access [wais.access.gpo.gov] [DOCID:fr14jy08-106]
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 08-8]
Michael Chait, M.D.; Revocation of Registration
On October 1, 2007, the Deputy Assistant Administrator,
Office of Diversion Control, Drug Enforcement Administration,
issued an Order to Show Cause to Michael Chait, M.D.
(Respondent), of Amagansett, New York. The Show Cause Order
proposed the revocation of Respondent's DEA Certificate of
Registration, BC2825151, as a practitioner, and the denial of
any pending applications to renew or modify his registration, on
the ground that Respondent is "not authorized to handle
controlled substances in New York.'' Show Cause Order at 1.
More specifically, the Show Cause Order alleged that
effective on May 25, 2007, the New York State Department of
Health, State Board for Professional Medical Conduct, had,
pursuant to an interim non- disciplinary order of conditions,
prohibited Respondent from the practice of medicine in the State
of New York. Id. The Show Cause Order thus alleged that
Respondent is "no longer authorized to handle controlled
substances in New York, the state in which'' he maintains his
DEA registration. Id. The Show Cause Order further alleged that
Respondent "failed to surrender [his] DEA Certificate of
Registration as required'' under the terms of the State Board's
order. Id.
Respondent requested a hearing on the allegations and the
matter was assigned to Administrative Law Judge (ALJ) Gail
Randall. Thereafter, the Government moved for summary
disposition on the ground that under the terms of the State
Board's order, Respondent was prohibited from practicing
medicine and thus could not prescribe a drug. Gov. Mot. at 1-2.
The Government therefore argued that there was no dispute that
Respondent is not authorized to handle controlled substance in
New York, the jurisdiction in which he maintains his DEA
registration and that under Federal law, "DEA cannot register a
practitioner to
[[Page 40383]]
handle controlled substances who is without authority to
handle controlled substances in the State in which he
practices'' medicine. Id. at 2 (citing 21
U.S.C. 823(f)).
In support of its motion, the Government attached a copy of
the Interim Order. The Interim Order specifically stated that
Respondent "shall be precluded from all patient contact and any
practice of medicine, clinical or otherwise. Licensee shall be
precluded from diagnosing, treating, operating, or prescribing
for any human disease, pain, injury, deformity, or physical
condition.'' In re Chait, Stipulation and Application for an
Interim Non-Disciplinary Order of Conditions Pursuant to N.Y.
Pub. Health Law Sec. 230, at 3. The Interim Order also directed
Respondent to "surrender [his] Controlled Substance Registration
Certificate to the United States Department of Justice, Drug
Enforcement Administration, within 15 days of the effective date
of this Order.'' Id. at 4.\1\
---------------------------------------------------------------------------
\1\ The Government also attached a copy of a
webpage maintained by the N.Y. Department of Health, entitled "Professional
Misconduct and Physician Discipline.'' This document indicates
that the Interim Order precludes Respondent from the clinical
practice of medicine in New York State "until the final
disposition of the current investigation being conducted by
the New York State Office of Professional Medical Conduct.''
---------------------------------------------------------------------------
Although the ALJ ordered Respondent to respond by November
20, 2007, he did not. The ALJ then granted the Government's
motion.
The ALJ observed that while the Interim Order did not "make
any findings of misconduct as to the matters under
investigation, it does prohibit the Respondent from having any
patient contact and from practicing medicine.'' ALJ Dec. at 3.
The ALJ also explained that "the Board's Order clearly states
that the Respondent is barred from diagnosing, treating,
operating, or prescribing for any human disease, pain, injury,
deformity, or physical condition, and is required to surrender
his DEA Registration * * * within 15 days of the effective date
of the Board's Order.'' Id. The ALJ thus "conclude[d] that * * *
Respondent currently lacks authority to practice medicine in the
State of New York or to prescribe controlled substances in that
State.'' Id. Because DEA lacks authority under the Controlled
Substances Act to register (and to continue an existing
registration of) a practitioner who lacks authority under state
law to handle controlled substances, the ALJ recommended that
Respondent's registration be revoked. Id. at 4-5 (citing cases).
The ALJ then forwarded the record to me for final agency action.
Having considered the record as a whole, I adopt the ALJ's
decision in its entirety. I find that Respondent holds a current
registration which does not expire until August 31, 2009. I
further find that effective May 17, 2007, the New York State
Department of Health, State Board for Professional Medical
Conduct, issued an Interim Order which precludes Respondent from
practicing medicine and prescribing drugs, Interim Order at 3,
and that this Order remains in effect. Therefore, even though
Respondent's state medical license has not been suspended or
revoked, it is clear that he is not permitted to handle
controlled substances in the State of New York, the State in
which he holds his DEA registration.\2\
---------------------------------------------------------------------------
\2\ I further note that there is no evidence
that Respondent has surrendered his DEA registration.
---------------------------------------------------------------------------
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
holding a DEA registration.
That the State has not formally revoked or suspended
Respondent's state license is not dispositive. Because
Respondent is not "authorized under'' state law, "or otherwise
permitted[] by * * * the jurisdiction in which he practices'' to
handle controlled substances "in the course of professional
practice,'' and is in fact currently precluded from engaging in
the practice of medicine, he is not entitled to hold a
registration under the CSA. See Julian A. Abbey, M.D., 72 FR
10788, 10788-89 (2007) (revoking registration of practitioner
who had entered into a voluntary agreement with the State to
cease the practice of medicine). Accordingly, Respondent's
registration will be revoked.
Order
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, BC2825151, issued to Michael Chait,
M.D., be, and it hereby is, revoked. I further order that any
pending application of Michael Chait, M.D., for renewal or
modification of his registration be, and it hereby is, denied.
This order is effective August 13, 2008.
Dated: July 2, 2008.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E8-15938 Filed 7-11-08; 8:45 am] BILLING CODE
4410-09-P
NOTICE: This is an
unofficial version. An official version of these publications may be obtained
directly from the Government Printing Office (GPO).
