Mukesh H. Shah, M.D.; Revocation of Registration

[Federal Register Volume 61, Number 133 (Wednesday, July 10, 1996)]
[Notices]
[Page 36396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17475]


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DEPARTMENT OF JUSTICE

Mukesh H. Shah, M.D.; Revocation of Registration

    On May 23, 1995, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Mukesh H. Shah, M.D., (Respondent), of Cerritos, 
California, notifying him of an opportunity to show cause as to why DEA 
should not revoke his DEA Certificate of Registration, BS0619885, under 
21 U.S.C. 824(a)(3), and deny any pending applications for renewal of 
his registration as a practitioner under 21 U.S.C. 823(f), for the 
reason that, by order dated April 5, 1994, the Medical Board of 
California (Medical Board) ordered the revocation of his state license 
to practice medicine, effective May 5, 1994. Further, the Show Cause 
Order noted that, lacking a medical license, the Respondent was no 
longer authorized to handle controlled substances in the State of 
California. The order also notified the Respondent that, should no 
request for a hearing be filed within 30 days, the hearing right would 
be deemed waived.
    The DEA mailed the show cause order to the Respondent at two 
locations of record with the DEA, one in Cerritos, California, and a 
second in Brea, California. Subsequently, the DEA received two signed 
receipts from the United States Postal Service, showing that the orders 
had been delivered. However, no request for a hearing or any other 
reply was received by the DEA from the Respondent or anyone purporting 
to represent him in this matter.
    Therefore, the Deputy Administrator, finding that (1) thirty days 
have passed since the issuance of the Order to Show Cause, and (2) no 
request for a hearing was received, concludes that the Respondent is 
deemed to have waived his hearing right. After considering relevant 
material from the investigative file in this matter, the Deputy 
Administrator now enters his final order without a hearing pursuant to 
21 CFR 1301.54(e) and 1301.57.
    The Deputy Administrator finds that, on April 5, 1994, the Medical 
Board revoked the Respondent's license to practice medicine in the 
State of California, effective May 4, 1994. This order was upheld by 
the Los Angeles County Superior Court. From these facts, the Deputy 
Administrator infers that, since the Respondent is not authorized to 
practice medicine in California, he also lacks authorization to handle 
controlled substances in that state.
    The DEA does not have statutory authority under the Controlled 
Substances Act to issue or maintain a registration if the applicant or 
registrant is without state authority to handle controlled substances 
in the state in which he conducts his business. 21 U.S.C. 802(21), 
823(f), and 824(a)(3). This prerequisite has been consistently upheld. 
See Dominick A. Ricci, M.D., 58 FR 51,104 (1993); James H. Nickens, 
M.D., 57 FR 59,847 (1992); Roy E. Hardman, M.D., 57 FR 49,195 (1992); 
Myong S. Yi, M.D., 54 FR 30,618 (1989); Bobby Watts, M.D., 53 FR 11,919 
(1988). Here, it is clear that the Respondent is neither currently 
authorized to practice medicine nor to dispense controlled substances 
in the State of California. Therefore, the Respondent currently is not 
entitled to a DEA registration.
    Accordingly, the Deputy Administrator of the Drug Enforcement 
Administration, pursuant to the authority vested in him by 21 U.S.C. 
823 and 824, and 28 CFR 0.100(b) and 0.104, hereby orders that DEA 
Certificate of Registration, BS0619885, previously issued to Mukesh H. 
Shah, M.D., be, and it hereby is, revoked. The Deputy Administrator 
further orders that any pending applications for the renewal of such 
registration be, and they hereby are, denied. This order is effective 
August 9, 1996.

    Dated: July 3, 1996.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 96-17475 Filed 7-9-96; 8:45 am]
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