83_FR_54107 83 FR 53900 - Hisham M. Shawish, M.D.; Decision and Order

83 FR 53900 - Hisham M. Shawish, M.D.; Decision and Order

DEPARTMENT OF JUSTICE
Drug Enforcement Administration

Federal Register Volume 83, Issue 207 (October 25, 2018)

Page Range53900-53902
FR Document2018-23273

Federal Register, Volume 83 Issue 207 (Thursday, October 25, 2018) 
[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Notices]
[Pages 53900-53902]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23273]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 18-37]


Hisham M. Shawish, M.D.; Decision and Order

    On July 12, 2018, the Assistant Administrator, Diversion Control 
Division, Drug Enforcement Administration (hereinafter, DEA or 
Government), issued an Order to Show Cause to Hisham M. Shawish, M.D. 
(hereinafter, Respondent), of Erie, Pennsylvania. Order to Show Cause 
(hereinafter, OSC), at 1. The Show Cause Order proposes the revocation 
of Respondent's Certificate of Registration on the ground that he has 
``no state authority to handle controlled substances'' in the 
Commonwealth of Pennsylvania, the State in which Respondent is 
registered with the DEA. Id. (citing 21 U.S.C. 824(a)(3)). It also 
proposes the denial of ``any applications for renewal or modification 
of such registration and any applications for any other DEA 
registrations.'' OSC, at 1 (citing 21 U.S.C. 824(a)(3)).
    Regarding jurisdiction, the Show Cause Order alleges that 
Respondent holds DEA Certificate of Registration No. FS1974357 at the 
registered address of 650 East Ave., Erie, Pennsylvania 16503, with a 
mailing address of 5572 Copper Dr., #102, Erie, Pennsylvania 16509. 
OSC, at 1. This registration, the OSC alleges, authorizes Respondent to 
dispense controlled substances in schedules II through V as a 
practitioner. Id. The Show Cause Order alleges that this registration 
expires on February 28, 2019. Id.
    The substantive ground for the proceeding, as alleged in the Show 
Cause Order, is that Respondent is ``currently without authority to 
practice medicine or handle controlled substances in the Commonwealth 
of Pennsylvania, the state in which . . . [he is] registered with 
DEA.'' Id. at 2. Specifically, the Show Cause Order alleges that the 
Commonwealth of Pennsylvania State Board of Medicine issued an Order of 
Temporary Suspension and Notice of Hearing (hereinafter, Temporary 
Suspension Order and Notice of Hearing) on April 25, 2018, and that 
this Order ``suspended . . . [Respondent's] license to practice as a 
physician and surgeon.'' Id.
    The Show Cause Order notifies Respondent of his right to request a 
hearing on the allegations or to submit a written statement while 
waiving his right to a hearing, the procedures for electing each 
option, and the consequences for failing to elect either option. Id. 
(citing 21 CFR 1301.43). The Show Cause Order also notifies Respondent 
of the opportunity to submit a corrective action plan. OSC, at 2-3 
(citing 21 U.S.C. 824(c)(2)(C)).
    By letter dated July 26, 2018, Respondent timely requested a 
hearing.\1\ Hearing Request, at 1. According to the Hearing Request, 
``a Criminal Complaint was filed against . . . [Respondent] in 
Pennsylvania Magisterial District Court,'' which Respondent 
``categorically denies and is vigorously fighting.'' Id. Respondent's 
Hearing Request admits that his ``license to practice medicine and 
surgery in Pennsylvania was temporarily placed in suspension, effective 
April 26, 2018.'' Id. It asserts that the ``term of suspension is 180 
days from April 26, 2018, at which time . . . [Respondent's] 
Pennsylvania license will revert to active unrestricted status by 
operation of law.'' Id.
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    \1\ The Hearing Request is dated and was received less than 30 
days after the OSC's issuance. It is, thus, apparent that the 
Government's service of the OSC was sufficient and Respondent's 
request for a hearing was timely.
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    The Office of Administrative Law Judges put the matter on the 
docket and assigned it to Administrative Law Judge Charles Wm. Dorman 
(hereinafter, ALJ). On July 27, 2018, the ALJ issued a Briefing 
Schedule for Lack of State Authority Allegations.
    The Government timely complied with the Briefing Schedule by filing 
a Motion for Summary Disposition on August 10, 2018 (hereinafter, 
Summary Disposition Motion). The Summary Disposition Motion is ``based 
on Respondent's lack of state authority to handle controlled 
substances.'' Summary Disposition Motion, at 1. The Government attached 
to its Summary Disposition Motion the Temporary Suspension Order and 
Notice of Hearing that the Commonwealth of Pennsylvania, Department of 
State, State Board of Medicine issued to Respondent. According to the 
Summary Disposition Motion, Respondent ``is not entitled to hold a DEA 
registration'' because he ``does not have state authority to prescribe, 
administer, or dispense controlled substances in the Commonwealth of 
Pennsylvania.'' Id. at 3. The Government argues, citing Agency 
precedent, that ``even if the period of suspension is temporary or if 
there is the potential that Respondent's state controlled substances 
privileges will be reinstated, summary disposition is warranted.'' Id. 
at 3-4.
    Respondent timely filed its Reply in Opposition to the Government's 
Motion for Summary Disposition dated August 24, 2018 (hereinafter, 
Reply in Opposition). Attached to the Reply in Opposition are Docket 
Sheets indicating that the charges Respondent is facing are indecent 
assault of a person less than 13 years of age and corruption of minors 
dating as far back as 2014. Reply in Opposition, at Exh. 1.
    Respondent argues that the Government's Summary Disposition Motion 
should be denied because ``[t]he Government does not take into 
consideration the fact that . . . [Respondent's] Pennsylvania medical 
license is set to return to unrestricted status on October 25, 2018.'' 
Id. at 1. Since, he states, ``his license will revert to active status 
as a matter of law in approximately two months, on October 25, 2018, . 
. . [i]t would be a waste of judicial resources, time, and expense to 
revoke . . . [his] DEA registration and then require . . . [him] to 
reapply for a DEA registration.'' Id. at 3. Respondent argues that the 
Agency precedent cited in the Summary Disposition Motion is 
``distinguishable, as it does not appear that in any of the cases a 
firm date was set on which each respective respondents' [sic] license 
was scheduled to be reinstated.'' Id. [emphasis in original]. Thus, 
Respondent urges the ALJ to ``stay resolution'' of the Summary 
Disposition Motion for 90 days and to

[[Page 53901]]

hold ``a status conference and/or additional briefing to be scheduled 
following the trial of . . . [Respondent's] criminal case and the 
reinstatement of his Pennsylvania medical license on October 25, 
2018.'' Id. at 1, 4.
    The ALJ granted the Government's Summary Disposition Motion and 
recommended that Respondent's registration be revoked. Order Granting 
Summary Disposition and Recommended Rulings, Findings of Fact, 
Conclusions of Law, and Decision dated August 27, 2018 (hereinafter, 
R.D.). The ALJ notes Respondent's concession that his Pennsylvania 
license to practice medicine and surgery is temporarily suspended. 
R.D., at 3. The ALJ characterizes as ``speculative'' Respondent's 
assertion that his license will revert to an active status on October 
25, 2018. Id. at 4. The ALJ points out that, ``immediately following 
the language'' in the Temporary Suspension Order and Notice of Hearing 
setting the duration of the temporary suspension at ``in no event 
longer than 180 days,'' there is language ordering that ``the 
`prosecuting attorney will commence a separate action to suspend, 
revoke or otherwise restrict Respondent's license.''' Id. [emphasis in 
original]. The ALJ then reviews relevant Agency precedent and concludes 
that, ``[T]he disposition of the . . . [Summary Disposition Motion] 
depends only on whether the Respondent currently possesses state 
authority to dispense controlled substances in Pennsylvania.'' Id. at 
6. Since Respondent conceded that the Pennsylvania State Board of 
Medicine temporarily suspended his medical license, the ALJ granted the 
Summary Disposition Motion and recommends revocation of Respondent's 
registration. Id. at 6, 7.
    By letter dated September 27, 2018, the ALJ certified and 
transmitted the record to me for final Agency action. In that letter, 
the ALJ advises that neither party filed exceptions and that the time 
period to do so has expired.
    I issue this Decision and Order based on the entire record before 
me. 21 CFR 1301.43(e). I make the following findings of fact.

Findings of Fact

Respondent's DEA Registration

    Respondent is the holder of DEA Certificate of Registration No. 
FS1974357, pursuant to which he is authorized to dispense controlled 
substances in schedules II through V as a practitioner, at the 
registered address of 650 East Ave., Erie, Pennsylvania 16503. Summary 
Disposition Motion, at Certification of Registration History. 
Respondent's registration expires on February 28, 2019. Id.

The Status of Respondent's State License

    The Pennsylvania State Board of Medicine ordered the temporary 
suspension of Respondent's license to practice as a physician and 
surgeon on April 25, 2018. Reply in Opposition, Exh. 3, at 1. According 
to the Temporary Suspension Order and Notice of Hearing, the 
Prosecuting Attorney ``alleged facts in the Petition, which, if taken 
as true, . . . make[ ] Respondent an immediate and clear danger to the 
public health and safety.'' Id. It orders that a preliminary hearing be 
scheduled and conducted within 30 days to determine ``whether there is 
a prima facie case to support the temporary suspension of the 
Respondent's license and other authorizations to practice the 
profession issued by the Board.'' Id. at 2. If a prima facie case is 
not established, Respondent's license and other authorizations ``will 
be immediately restored.'' Id. If a prima facie case is established, 
``the temporary suspension shall remain in effect until vacated by the 
Board, but in no event longer than 180 days, unless otherwise ordered 
or agreed to by the participants.'' Id. There is no evidence in the 
record concerning the preliminary hearing ordered in the Temporary 
Suspension Order and Notice of Hearing. The undisputed evidence in the 
record, independently submitted by both parties, is that Respondent's 
Pennsylvania license to practice as a physician and surgeon is 
currently suspended. Although Respondent asserts unequivocally that his 
license will be ``return[ed] to unrestricted status on October 25, 
2018,'' the evidence in the record, as the ALJ correctly explicates, is 
to the contrary. Reply in Opposition, at 1; R.D., at 4. Thus, I reject 
Respondent's unequivocal assertion and agree with the ALJ's analysis.
    Accordingly, I find that Respondent currently is without authority 
to practice as a physician or surgeon in the Commonwealth of 
Pennsylvania, the State in which he is registered.

Discussion

    Pursuant to 21 U.S.C. 824(a)(3), the Attorney General is authorized 
to suspend or revoke a registration issued under section 823 of the 
Controlled Substances Act (hereinafter, CSA), ``upon a finding that the 
registrant . . . has had his State license or registration suspended . 
. . [or] revoked . . . by competent State authority and is no longer 
authorized by State law to engage in the . . . dispensing of controlled 
substances.'' With respect to a practitioner, the DEA has also long 
held that the possession of authority to dispense controlled substances 
under the laws of the State in which a practitioner engages in 
professional practice is a fundamental condition for obtaining and 
maintaining a practitioner's registration. See, e.g., James L. Hooper, 
M.D., 76 FR 71,371 (2011), pet. for rev. denied, 481 Fed. Appx. 826 
(4th Cir. 2012); Frederick Marsh Blanton, M.D., 43 FR 27,616, 27,617 
(1978).
    This rule derives from the text of two provisions of the CSA. 
First, Congress defined 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). Second, in 
setting the requirements for obtaining a practitioner's registration, 
Congress directed that ``[t]he Attorney General shall register 
practitioners . . . if the applicant is authorized to dispense . . . 
controlled substances under the laws of the State in which he 
practices.'' 21 U.S.C. 823(f). Because Congress has clearly mandated 
that a practitioner possess State authority in order to be deemed a 
practitioner under the CSA, the DEA has held repeatedly that revocation 
of a practitioner's registration is the appropriate sanction whenever 
he is no longer authorized to dispense controlled substances under the 
laws of the State in which he practices. See, e.g., Hooper, supra, 76 
FR at 71,371-72; Sheran Arden Yeates, M.D., 71 FR 39,130, 39,131 
(2006); Dominick A. Ricci, M.D., 58 FR 51,104, 51,105 (1993); Bobby 
Watts, M.D., 53 FR 11,919, 11,920 (1988), Blanton, supra, 43 FR at 
27,617.
    Under longstanding Agency precedent, DEA revokes the registration 
of a practitioner who lacks State authority to handle controlled 
substances even when the practitioner's State authority was suspended 
summarily or pending a final decision on the merits. See, e.g., Bourne 
Pharmacy, Inc., 72 FR 18,273, 18,274 (2007). Similarly, the facts that 
the Pennsylvania State Board of Medicine temporarily suspended a 
respondent's license and that the respondent may, some day, regain his 
license to practice as a physician and surgeon did not change the 
salient fact--the respondent was not currently authorized to handle 
controlled substances in the State in which he was registered. Mehdi

[[Page 53902]]

Nikparvarfard, M.D., 83 FR 14,503, 14,504 (2018).
    Here, the undisputed evidence in the record is that Respondent's 
Pennsylvania license to practice as a physician and surgeon is 
currently suspended. There is no evidence in the record that Respondent 
holds any Pennsylvania registration, let alone as a practitioner, to 
handle controlled substances. As such, according to Pennsylvania law, 
Respondent currently does not have authority to handle controlled 
substances in Pennsylvania.
    In sum, Respondent's Pennsylvania license to practice as a 
physician and surgeon is temporarily suspended. He currently lacks 
authority in Pennsylvania to practice medicine and to handle controlled 
substances. He is, therefore, not eligible for a DEA registration. 
Accordingly, I will order that Respondent's DEA registration be revoked 
and that any pending application for the renewal or modification of his 
registration be denied. 21 U.S.C. 824(a)(3).

Order

    Pursuant to 28 CFR 0.100(b) and the authority thus vested in me by 
21 U.S.C. 824(a), I order that DEA Certificate of Registration No. 
FS1974357 issued to Hisham M. Shawish, M.D., be, and it hereby is, 
revoked. I further order that any pending application of Hisham M. 
Shawish, M.D., to renew or modify this registration, as well as any 
other pending application by him for registration in the Commonwealth 
of Pennsylvania, be, and it hereby is, denied. This Order is effective 
immediately.\2\
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    \2\ For the same reasons the Pennsylvania State Board of 
Medicine suspended Respondent's Pennsylvania license to practice as 
a physician and surgeon, I find that the public interest 
necessitates that this Order be effective immediately. 21 CFR 
1316.67.

    Dated: October 10, 2018.
 Uttam Dhillon,
Acting Administrator.
[FR Doc. 2018-23273 Filed 10-24-18; 8:45 am]
 BILLING CODE 4410-09-P

53900 Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices information is accurate and complete to of 650 East Ave., Erie, Pennsylvania On July 27, 2018, the ALJ issued a the best of the submitter’s knowledge. In 16503, with a mailing address of 5572 Briefing Schedule for Lack of State making the certification, the submitter Copper Dr., #102, Erie, Pennsylvania Authority Allegations. will acknowledge that any information 16509. OSC, at 1. This registration, the The Government timely complied that it submits to the Commission OSC alleges, authorizes Respondent to with the Briefing Schedule by filing a during these investigations may be dispense controlled substances in Motion for Summary Disposition on disclosed to and used: (i) By the schedules II through V as a practitioner. August 10, 2018 (hereinafter, Summary Commission, its employees and Offices, Id. The Show Cause Order alleges that Disposition Motion). The Summary and contract personnel (a) for this registration expires on February 28, Disposition Motion is ‘‘based on developing or maintaining the records 2019. Id. Respondent’s lack of state authority to of these or related investigations or The substantive ground for the handle controlled substances.’’ reviews, or (b) in internal investigations, proceeding, as alleged in the Show Summary Disposition Motion, at 1. The audits, reviews, and evaluations relating Cause Order, is that Respondent is Government attached to its Summary to the programs, personnel, and ‘‘currently without authority to practice Disposition Motion the Temporary operations of the Commission including medicine or handle controlled Suspension Order and Notice of Hearing under 5 U.S.C. Appendix 3; or (ii) by substances in the Commonwealth of that the Commonwealth of U.S. government employees and Pennsylvania, the state in which . . . Pennsylvania, Department of State, State contract personnel, solely for [he is] registered with DEA.’’ Id. at 2. Board of Medicine issued to cybersecurity purposes. All contract Specifically, the Show Cause Order Respondent. According to the Summary personnel will sign appropriate alleges that the Commonwealth of Disposition Motion, Respondent ‘‘is not nondisclosure agreements. Pennsylvania State Board of Medicine entitled to hold a DEA registration’’ Authority: These investigations are issued an Order of Temporary because he ‘‘does not have state being conducted under authority of title Suspension and Notice of Hearing authority to prescribe, administer, or VII of the Tariff Act of 1930; this notice (hereinafter, Temporary Suspension dispense controlled substances in the is published pursuant to section 207.12 Order and Notice of Hearing) on April Commonwealth of Pennsylvania.’’ Id. at of the Commission’s rules. 25, 2018, and that this Order 3. The Government argues, citing ‘‘suspended . . . [Respondent’s] license Agency precedent, that ‘‘even if the By order of the Commission. to practice as a physician and surgeon.’’ period of suspension is temporary or if Issued: October 19, 2018. Id. there is the potential that Respondent’s Lisa Barton, The Show Cause Order notifies state controlled substances privileges Secretary to the Commission. Respondent of his right to request a will be reinstated, summary disposition [FR Doc. 2018–23287 Filed 10–24–18; 8:45 am] hearing on the allegations or to submit is warranted.’’ Id. at 3–4. BILLING CODE 7020–02–P a written statement while waiving his Respondent timely filed its Reply in right to a hearing, the procedures for Opposition to the Government’s Motion electing each option, and the for Summary Disposition dated August DEPARTMENT OF JUSTICE consequences for failing to elect either 24, 2018 (hereinafter, Reply in option. Id. (citing 21 CFR 1301.43). The Opposition). Attached to the Reply in Drug Enforcement Administration Show Cause Order also notifies Opposition are Docket Sheets indicating Respondent of the opportunity to that the charges Respondent is facing [Docket No. 18–37] submit a corrective action plan. OSC, at are indecent assault of a person less Hisham M. Shawish, M.D.; Decision 2–3 (citing 21 U.S.C. 824(c)(2)(C)). than 13 years of age and corruption of and Order By letter dated July 26, 2018, minors dating as far back as 2014. Reply Respondent timely requested a hearing.1 in Opposition, at Exh. 1. On July 12, 2018, the Assistant Hearing Request, at 1. According to the Respondent argues that the Administrator, Diversion Control Hearing Request, ‘‘a Criminal Complaint Government’s Summary Disposition Division, Drug Enforcement was filed against . . . [Respondent] in Motion should be denied because ‘‘[t]he Administration (hereinafter, DEA or Pennsylvania Magisterial District Government does not take into Government), issued an Order to Show Court,’’ which Respondent consideration the fact that . . . Cause to Hisham M. Shawish, M.D. ‘‘categorically denies and is vigorously [Respondent’s] Pennsylvania medical (hereinafter, Respondent), of Erie, fighting.’’ Id. Respondent’s Hearing license is set to return to unrestricted Pennsylvania. Order to Show Cause Request admits that his ‘‘license to status on October 25, 2018.’’ Id. at 1. (hereinafter, OSC), at 1. The Show practice medicine and surgery in Since, he states, ‘‘his license will revert Cause Order proposes the revocation of Pennsylvania was temporarily placed in to active status as a matter of law in Respondent’s Certificate of Registration suspension, effective April 26, 2018.’’ approximately two months, on October on the ground that he has ‘‘no state Id. It asserts that the ‘‘term of 25, 2018, . . . [i]t would be a waste of authority to handle controlled suspension is 180 days from April 26, judicial resources, time, and expense to substances’’ in the Commonwealth of 2018, at which time . . . [Respondent’s] revoke . . . [his] DEA registration and Pennsylvania, the State in which Pennsylvania license will revert to then require . . . [him] to reapply for a Respondent is registered with the DEA. active unrestricted status by operation DEA registration.’’ Id. at 3. Respondent Id. (citing 21 U.S.C. 824(a)(3)). It also of law.’’ Id. argues that the Agency precedent cited proposes the denial of ‘‘any applications The Office of Administrative Law in the Summary Disposition Motion is for renewal or modification of such Judges put the matter on the docket and ‘‘distinguishable, as it does not appear daltland on DSKBBV9HB2PROD with NOTICES registration and any applications for any assigned it to Administrative Law Judge that in any of the cases a firm date was other DEA registrations.’’ OSC, at 1 Charles Wm. Dorman (hereinafter, ALJ). set on which each respective (citing 21 U.S.C. 824(a)(3)). respondents’ [sic] license was scheduled 1 The Hearing Request is dated and was received Regarding jurisdiction, the Show to be reinstated.’’ Id. [emphasis in less than 30 days after the OSC’s issuance. It is, Cause Order alleges that Respondent thus, apparent that the Government’s service of the original]. Thus, Respondent urges the holds DEA Certificate of Registration OSC was sufficient and Respondent’s request for a ALJ to ‘‘stay resolution’’ of the Summary No. FS1974357 at the registered address hearing was timely. Disposition Motion for 90 days and to VerDate Sep<11>2014 18:10 Oct 24, 2018 Jkt 247001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\25OCN1.SGM 25OCN1

Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices 53901 hold ‘‘a status conference and/or Certification of Registration History. longer authorized by State law to engage additional briefing to be scheduled Respondent’s registration expires on in the . . . dispensing of controlled following the trial of . . . February 28, 2019. Id. substances.’’ With respect to a [Respondent’s] criminal case and the practitioner, the DEA has also long held The Status of Respondent’s State reinstatement of his Pennsylvania that the possession of authority to License medical license on October 25, 2018.’’ dispense controlled substances under Id. at 1, 4. The Pennsylvania State Board of the laws of the State in which a The ALJ granted the Government’s Medicine ordered the temporary practitioner engages in professional Summary Disposition Motion and suspension of Respondent’s license to practice is a fundamental condition for recommended that Respondent’s practice as a physician and surgeon on obtaining and maintaining a registration be revoked. Order Granting April 25, 2018. Reply in Opposition, practitioner’s registration. See, e.g., Summary Disposition and Exh. 3, at 1. According to the Temporary James L. Hooper, M.D., 76 FR 71,371 Recommended Rulings, Findings of Suspension Order and Notice of (2011), pet. for rev. denied, 481 Fed. Fact, Conclusions of Law, and Decision Hearing, the Prosecuting Attorney Appx. 826 (4th Cir. 2012); Frederick dated August 27, 2018 (hereinafter, ‘‘alleged facts in the Petition, which, if Marsh Blanton, M.D., 43 FR 27,616, R.D.). The ALJ notes Respondent’s taken as true, . . . make[ ] Respondent 27,617 (1978). concession that his Pennsylvania an immediate and clear danger to the This rule derives from the text of two license to practice medicine and surgery public health and safety.’’ Id. It orders provisions of the CSA. First, Congress is temporarily suspended. R.D., at 3. that a preliminary hearing be scheduled defined the term ‘‘practitioner’’ to mean The ALJ characterizes as ‘‘speculative’’ and conducted within 30 days to ‘‘a physician . . . or other person Respondent’s assertion that his license determine ‘‘whether there is a prima licensed, registered, or otherwise will revert to an active status on October facie case to support the temporary permitted, by . . . the jurisdiction in 25, 2018. Id. at 4. The ALJ points out suspension of the Respondent’s license which he practices . . . , to distribute, that, ‘‘immediately following the and other authorizations to practice the dispense, . . . [or] administer . . . a language’’ in the Temporary Suspension profession issued by the Board.’’ Id. at controlled substance in the course of Order and Notice of Hearing setting the 2. If a prima facie case is not professional practice.’’ 21 U.S.C. duration of the temporary suspension at established, Respondent’s license and 802(21). Second, in setting the ‘‘in no event longer than 180 days,’’ other authorizations ‘‘will be requirements for obtaining a there is language ordering that ‘‘the immediately restored.’’ Id. If a prima practitioner’s registration, Congress ‘prosecuting attorney will commence a facie case is established, ‘‘the temporary directed that ‘‘[t]he Attorney General separate action to suspend, revoke or suspension shall remain in effect until shall register practitioners . . . if the otherwise restrict Respondent’s vacated by the Board, but in no event applicant is authorized to dispense . . . license.’’’ Id. [emphasis in original]. The longer than 180 days, unless otherwise controlled substances under the laws of ordered or agreed to by the the State in which he practices.’’ 21 ALJ then reviews relevant Agency participants.’’ Id. There is no evidence U.S.C. 823(f). Because Congress has precedent and concludes that, ‘‘[T]he in the record concerning the clearly mandated that a practitioner disposition of the . . . [Summary preliminary hearing ordered in the possess State authority in order to be Disposition Motion] depends only on Temporary Suspension Order and deemed a practitioner under the CSA, whether the Respondent currently Notice of Hearing. The undisputed the DEA has held repeatedly that possesses state authority to dispense evidence in the record, independently revocation of a practitioner’s registration controlled substances in Pennsylvania.’’ submitted by both parties, is that is the appropriate sanction whenever he Id. at 6. Since Respondent conceded Respondent’s Pennsylvania license to is no longer authorized to dispense that the Pennsylvania State Board of practice as a physician and surgeon is controlled substances under the laws of Medicine temporarily suspended his currently suspended. Although the State in which he practices. See, medical license, the ALJ granted the Respondent asserts unequivocally that e.g., Hooper, supra, 76 FR at 71,371–72; Summary Disposition Motion and his license will be ‘‘return[ed] to Sheran Arden Yeates, M.D., 71 FR recommends revocation of Respondent’s unrestricted status on October 25, 39,130, 39,131 (2006); Dominick A. registration. Id. at 6, 7. By letter dated September 27, 2018, 2018,’’ the evidence in the record, as the Ricci, M.D., 58 FR 51,104, 51,105 (1993); ALJ correctly explicates, is to the Bobby Watts, M.D., 53 FR 11,919, 11,920 the ALJ certified and transmitted the contrary. Reply in Opposition, at 1; (1988), Blanton, supra, 43 FR at 27,617. record to me for final Agency action. In R.D., at 4. Thus, I reject Respondent’s Under longstanding Agency that letter, the ALJ advises that neither precedent, DEA revokes the registration party filed exceptions and that the time unequivocal assertion and agree with the ALJ’s analysis. of a practitioner who lacks State period to do so has expired. authority to handle controlled Accordingly, I find that Respondent I issue this Decision and Order based currently is without authority to substances even when the practitioner’s on the entire record before me. 21 CFR practice as a physician or surgeon in the State authority was suspended 1301.43(e). I make the following summarily or pending a final decision Commonwealth of Pennsylvania, the findings of fact. on the merits. See, e.g., Bourne State in which he is registered. Findings of Fact Pharmacy, Inc., 72 FR 18,273, 18,274 Discussion (2007). Similarly, the facts that the Respondent’s DEA Registration Pursuant to 21 U.S.C. 824(a)(3), the Pennsylvania State Board of Medicine Respondent is the holder of DEA Attorney General is authorized to temporarily suspended a respondent’s daltland on DSKBBV9HB2PROD with NOTICES Certificate of Registration No. suspend or revoke a registration issued license and that the respondent may, FS1974357, pursuant to which he is under section 823 of the Controlled some day, regain his license to practice authorized to dispense controlled Substances Act (hereinafter, CSA), as a physician and surgeon did not substances in schedules II through V as ‘‘upon a finding that the registrant . . . change the salient fact—the respondent a practitioner, at the registered address has had his State license or registration was not currently authorized to handle of 650 East Ave., Erie, Pennsylvania suspended . . . [or] revoked . . . by controlled substances in the State in 16503. Summary Disposition Motion, at competent State authority and is no which he was registered. Mehdi VerDate Sep<11>2014 18:10 Oct 24, 2018 Jkt 247001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\25OCN1.SGM 25OCN1

53902 Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices Nikparvarfard, M.D., 83 FR 14,503, Order ACTION: Notice of Department of 14,504 (2018). Pursuant to 28 CFR 0.100(b) and the Justice’s standing members of the Senior Here, the undisputed evidence in the authority thus vested in me by 21 U.S.C. Executive Service and Senior Level record is that Respondent’s 824(a), I order that DEA Certificate of Performance Review Boards. Pennsylvania license to practice as a Registration No. FS1974357 issued to SUMMARY: Pursuant to the requirements physician and surgeon is currently Hisham M. Shawish, M.D., be, and it of 5 U.S.C. 4314(c)(4), the Department of suspended. There is no evidence in the hereby is, revoked. I further order that Justice announces the membership of its record that Respondent holds any any pending application of Hisham M. 2018 Senior Executive Service (SES) Pennsylvania registration, let alone as a Shawish, M.D., to renew or modify this and Senior Level (SL) Standing practitioner, to handle controlled registration, as well as any other Performance Review Boards (PRBs). The substances. As such, according to pending application by him for purpose of a PRB is to provide fair and Pennsylvania law, Respondent currently registration in the Commonwealth of impartial review of SES/SL performance does not have authority to handle Pennsylvania, be, and it hereby is, appraisals, executive development controlled substances in Pennsylvania. denied. This Order is effective plans, bonus recommendations and pay immediately.2 adjustments. In sum, Respondent’s Pennsylvania license to practice as a physician and Dated: October 10, 2018. The PRBs will make Uttam Dhillon, recommendations regarding the final surgeon is temporarily suspended. He Acting Administrator. performance ratings to be assigned, SES/ currently lacks authority in [FR Doc. 2018–23273 Filed 10–24–18; 8:45 am] SL bonuses and/or pay adjustments to Pennsylvania to practice medicine and be awarded. to handle controlled substances. He is, BILLING CODE 4410–09–P FOR FURTHER INFORMATION CONTACT: therefore, not eligible for a DEA Mary A. Lamary, Director, Human registration. Accordingly, I will order DEPARTMENT OF JUSTICE Resources, Justice Management that Respondent’s DEA registration be Division, Department of Justice, revoked and that any pending Membership of the Senior Executive Washington, DC 20530; (202) 514–4350. application for the renewal or Service and Senior Level Standing modification of his registration be Performance Review Boards Lee J. Lofthus, denied. 21 U.S.C. 824(a)(3). Assistant Attorney General for AGENCY: Department of Justice. Administration. 2018 FEDERAL REGISTER Name Position title Office of the Attorney General—OAG HAMILTON, GENE ........................... COUNSELOR TO THE ATTORNEY GENERAL. WHITAKER, MATTHEW ................... CHIEF OF STAFF AND COUNSELOR. TUCKER, RACHEL .......................... COUNSELOR TO THE ATTORNEY GENERAL. BARNETT, GARY ............................. COUNSELOR TO THE ATTORNEY GENERAL. MORRISSEY, BRIAN ....................... COUNSELOR TO THE ATTORNEY GENERAL. CUTRONA, DANIELLE ..................... SENIOR COUNSELOR. Office of the Deputy Attorney General—ODAG O’CALLAGHAN, EDWARD .............. PRINCIPAL ASSOCIATE DEPUTY ATTORNEY GENERAL. GUAHAR, TASHINA ......................... ASSOCIATE DEPUTY ATTORNEY GENERAL. BAUGHMAN, MATTHEW ................. ASSOCIATE DEPUTY ATTORNEY GENERAL. COOK, STEVE ................................. ASSOCIATE DEPUTY ATTORNEY GENERAL/LAW ENFORCEMENT. CONNOLLY, ROBERT ..................... DIRECTOR, OFFICE OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION. GOLDSMITH, ANDREW .................. NATIONAL CRIMINAL DISCOVERY COORDINATOR. MICHALIC, MARK ............................ EMERGENCY PREPAREDNESS AND CRISIS RESPONSE COORDINATOR. Office of the Associate Attorney General—OASG PANUCCIO, JESSE ......................... PRINCIPAL DEPUTY ASSOCIATE ATTORNEY GENERAL. MCARTHUR, ERIC ........................... DEPUTY ASSOCIATE ATTORNEY GENERAL. COX, STEVE .................................... DEPUTY ASSOCIATE ATTORNEY GENERAL. BISSEX, RACHEL ............................ CHIEF OF STAFF AND COUNSEL TO THE ASSOCIATE ATTORNEY GENERAL. Office of the Solicitor General—OSG WALL, JEFFREY .............................. PRINCIPAL DEPUTY SOLICITOR GENERAL. daltland on DSKBBV9HB2PROD with NOTICES DREEBEN, MICHAEL R ................... DEPUTY SOLICITOR GENERAL. KNEEDLER, EDWIN S ..................... DEPUTY SOLICITOR GENERAL. STEWART, MALCOLM L ................. DEPUTY SOLICITOR GENERAL. 2 For the same reasons the Pennsylvania State Pennsylvania license to practice as a physician and that this Order be effective immediately. 21 CFR Board of Medicine suspended Respondent’s surgeon, I find that the public interest necessitates 1316.67. VerDate Sep<11>2014 18:10 Oct 24, 2018 Jkt 247001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\25OCN1.SGM 25OCN1


Document Created: 2018-10-25 01:46:07
Document Modified: 2018-10-25 01:46:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 53900 
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