[Federal Register Volume 79, Number 146 (Wednesday, July 30, 2014)]
[Notices]
[Pages 44197-44198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17892]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Robert V. Cattani, M.D.; Decision and Order
On February 19, 2014, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration, issued an Order to
Show Cause to Robert V. Cattani, M.D. (hereinafter, Registrant, of
Staten Island, New York. The Show Cause Order proposed the revocation
of Registrant's DEA Certificate of Registration AC6553437, which
authorizes him to dispense controlled substances in schedules II
through V as a practitioner, on the ground that he does not possess
``authority to practice medicine or handle controlled substances in the
State of New York, the State in which [he is] registered.'' Show Cause
Order at 1.
The Show Cause Order alleged that Registrant is registered as a
practitioner in schedules II through V at the registered location of
450 Slosson Avenue, Staten Island, New York and that his registration
does not expire until August 31, 2014. Id. The Show Cause Order then
alleged that on November 11, 2011, the New York State Department of
Health, State Board for Professional Medical Conduct had summarily
suspended Registrant's medical license, and that following a hearing,
the Board revoked his medical license effective September 10, 2012. Id.
The Show Cause Order further alleged that on April 11, 2013, the New
York State Professional Medical Conduct Administrative Review Board
denied Registrant's appeal of the Board's order, and that order remains
in effect. Id. Based on Registrant's ``lack of authority to handle
controlled substances in the State of New York,'' the Show Cause Order
thus asserted that his registration must be revoked. Id. at 2 (citing
21 U.S.C. 802(21), 823(f), and 824(a)(3)). Finally, the Show Cause
Order notified Registrant that he had the right to request a hearing on
the allegations or to submit a written statement in lieu of a hearing,
the procedures for electing either option, and the consequence of
failing to electing either option. Id.
On March 4, 2014, two DEA Diversion Investigators (DIs) went to a
residence located in Lloyd Harbor, New York, which they believed was
Registrant's residence. GX 2, at 3. Beforehand, they went to the post
office which services this address and confirmed that Registrant was
still receiving mail at this address. Id. The DIs then went to the
residence, where they rang the bell and knocked on the door. Id. While
the DIs heard a voice inside, no one answered the door. The DI then
attached the envelope which contained the Show Cause Order to the front
door. Id.
As the DIs were walking away, a male opened the door from inside
and retrieved the envelope; the DI asked the person if he was
Registrant. Id. While the person said ``no'' and slammed the door, the
DI recognized him as being Registrant from photographs she had
previously seen. Id.
On leaving the residence, the DI also noted the license plate
number of a vehicle parked in the driveway. Id. The next day she
determined that the car had been rented by Registrant. Id.
Based on the above, I find that Registrant has been served with the
Order to Show Cause. Based on the Government's representation that
since the date of service, neither Registrant, nor any person
purporting to represent him, ``has requested a hearing or otherwise
corresponded with DEA'' regarding the Show Cause Order, and finding
that more than thirty (30 days) have no passed, I find that Registrant
has waived his right to request a hearing or to submit a written
statement in lieu of a hearing. 21 CFR 1301.43(d). I therefore issue
this Decision and Final
[[Page 44198]]
Order based on the record submitted by the Government. 21 CFR
1301.43(e). I make the following findings.
Findings
Registrant is the holder of DEA Certificate of Registration
AC6553437, which authorizes him to dispense controlled substances in
schedules II through V as a practitioner at the registered address of
450 Slosson Avenue, Staten Island, New York. GX 2A. His registration
does not expire until August 31, 2014. Id.
On November 2, 2011, the New York Bureau of Professional Medical
Conduct issued a Statement of Charges to Registrant, alleging, inter
alia, that he had committed gross negligence in performing plastic
surgery on five patients, that he ``practice[ed] the profession of
medicine with negligence'' and ``with incompetence on more than one
occasion,'' and that he failed to maintain accurate records regarding
his treatment of four of the patients. GX 2B. On December 6, 2011, the
Commissioner of the New York Department of Health concluded that
Registrant's ``continued practice of medicine . . . constitutes an
imminent danger to the health of the people of this state'' and ordered
Registrant to ``immediately'' cease the practice of medicine. GX 2C.
Thereafter, a Hearing Committee of the State Board conducted a
hearing. On September 10, 2012, the Committee issued its Determination
and Order in which it found most of the charges proved and determined
that ``the only way to ensure the safety of the public is to revoke
[Registrant's] medical license.'' GX 2I, at 42. The Committee thus
ordered the revocation of Registrant's medical license, effective upon
service of the order. Id. at 43.
Registrant then sought review from the New York Department of
Health Administrative Review Board (ARB). GX 2J. On or about April 4,
2013, the ARB issued its Determination and Order, affirming the Hearing
Committee's determinations that Registrant ``committed professional
misconduct'' and to revoke his medical license. Id. at 9. A search
conducted on the New York State Office of the Professions online
verification page establishes that Registrant's medical license remains
revoked.
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 21 U.S.C. 802(21) (``the term `practitioner' means 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.''); 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 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).
Here, the evidence shows that Respondent's medical license has been
revoked and that he no longer holds authority under New York law to
dispense controlled substances. Registrant is therefore 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) and 0.104, I order that DEA
Certificate of Registration AC6553437, issued to Robert V. Cattani,
M.D., be, and it hereby is, revoked. I further order that any pending
application of Robert V. Cattani, M.D., to renew or modify his
registration, be, and it hereby is, denied. This Order is effective
August 29, 2014.
Dated: July 22, 2014.
Thomas M. Harrigan,
Deputy Administrator.
[FR Doc. 2014-17892 Filed 7-29-14; 8:45 am]
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