[Federal Register Volume 59, Number 157 (Tuesday, August 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20031]
[[Page Unknown]]
[Federal Register: August 16, 1994]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Revocation of Registration; Franz A. Arakaky, M.D.
On May 16, 1994, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Franz A. Arakaky, M.D., of Arlington, Virginia.
The Order to Show Cause proposed to revoke Dr. Arakaky's DEA
Certificate of Registration, BA1999727, under 21 U.S.C. 824(a)(3), and
deny any pending applications for renewal of such registration under 21
U.S.C. 823(f).
On May 17, 1994, the Order to Show Cause was sent to Dr. Arakaky by
registered mail and was returned to DEA unclaimed, with no forwarding
address. The Order to Show Cause was then mailed to Dr. Arakaky's last
known home address on July 25, 1994, and was also returned unclaimed.
Subsequent repeated attempts by DEA to contact Dr. Arakaky have been
unsuccessful.
Pursuant to 21 CFR 1301.54(d), the Deputy Administrator finds that
Dr. Arakaky has waived his opportunity for a hearing. Accordingly,
under the provisions of 21 CFR 1301.54(e) and 1301.57, the Deputy
Administrator enters his final order in this matter without a hearing
and based on the investigative file.
The Deputy Administrator finds that on April 19, 1993, Dr. Arakaky
was indicted by the Grand Jury for the Arlington County Circuit Court
on four counts of sexual battery. The indictment arose from allegations
by three female patients who alleged that Dr. Arakaky performed
inappropriate sexual acts under the guise of legitimate medical
treatment. as a result of the indictment, on April 29, 1993, the
Virginia Board of Medicine (Board) informed Dr. Arakaky of the Board's
intention to hold a formal administrative hearing to determine whether
Dr. Arakaky violated certain laws governing the practice of medicine in
the Commonwealth of Virginia. On that same date, the Board issued an
Order of Summary Suspension of Dr. Arakaky's license to practice
medicine.
Following the administrative hearing, the Board issued its decision
on June 10, 1993. The Board found that Dr. Arakaky behaved in an
unprofessional and sexually inappropriate manner towards one female
patient, and made similar findings with respect to three other female
patients. The Board therefore ordered that Dr. Arakaky's license to
practice medicine in the Commonwealth of Virginia be revoked.
The Deputy Administrator finds that as of June 10, 1993, Dr.
Arakaky's license to practice medicine in the Commonwealth of Virginia
has been revoked, and as a result, he is not authorized to handle
controlled substances. The Drug Enforcement administration cannot
register or maintain the registration of a practitioner who is not duly
authorized 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 James H. Nickens, M.D.,
57 FR 59847 (1992); Elliott Monroe, M.D., 57 FR 23246 (1992); Bobby
Watts, M.D., 53 FR 11919 (1988).
Based on the foregoing, it is clear that Dr. Arakaky's DEA
Certificate of Registration must be revoked. 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 (59 FR 23637), hereby orders that DEA Certificate of
Registration, BA1999727, previously issued to Franz A. Arakaky, M.D.,
be, and it hereby is, revoked and that any pending applications for
renewal of such registration be, and they hereby are, denied. This
order is effective August 16, 1994.
Dated: August 10, 1994.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 94-20031 Filed 8-15-94; 8:45 am]
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