[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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