[Federal Register Volume 69, Number 189 (Thursday, September 30, 2004)]
[Notices]
[Pages 58546-58548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21962]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Saeed Saleh, M.D.; Revocation of Registration

    On December 8, 2003, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Saeed Seleh,\1\ M.D. (Dr. Saleh) notifying him 
of an opportunity to show cause as to why DEA should not revoke his 
Certificate of Registration, AS5912387, under 21 U.S.C. 824(a)(3) and 
(a)(4), and deny any pending applications for renewal or modification 
of that registration pursuant to 21 U.S.C. 823(f). Specifically, the 
Order to show Cause alleged in relevant part, the following:
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    \1\ The Order to Show Cause alternates the spelling of the 
registrant's last name between Salah and Saleh. Since it appears 
from attached correspondences in the investigative file that the 
common spelling of the registrant's name is Saleh, the Deputy 
Administrator will refer to the registrant's name in a similar 
fashion.
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    (1) Effective June 2, 2001, the State of Michigan, Department of 
Consumer and Industry Services, Board of Medicine Disciplinary 
Subcommittee, suspended Dr. Saleh's licensure privileges. On September 
19, 2001, the Subcommittee dissolved the summary suspension and 
suspended Dr. Saleh's medical license for six months and one day. 
Because reinstatement of his medical license following the suspension 
was not automatic, Dr. Saleh was required to apply for reinstatement, 
which he failed to do. As of September 4, 2003, Dr. Saleh's medical 
license was considered ``lapsed'', as it expired on January 31, 2003.

[[Page 58547]]

    (2) The action with respect to Dr. Saleh's medical license was 
based upon a neuropsychiatric evaluation which indicated that he 
suffered from significant cognitive deficits. The evaluation indicated 
further that Dr. Saleh demonstrated disinhibition, deficits in 
attention and concentration, anterograde amnesia, and deficits in 
executive functioning. The state evaluator considered these conditions 
and concluded that Dr. Saleh was not able to practice medicine, and as 
a result, the State of Michigan found Dr. Saleh in violation of a 
provision of the state Public Health Code. Dr. Saleh was also found to 
be impaired and not able to safely and skillfully practice the health 
profession. In addition, the State charged Dr. Saleh with violating 
section 16221(b)(iii) of the Public Health Code, in that he was found 
to have suffered from a mental or physical inability to practice his 
profession in a safe and competent manner.
    (3) Dr. Saleh also had a medical license to practice medicine in 
California, which was suspended on October 31, 2001. The allegations 
were in reference to the summary suspension that was issued by the 
Michigan Board of Medicine in June of 2001. Effective, September 23, 
2002, the California Medical Board issued an order revoking Dr. Saleh's 
medical license in California, i.e. his Physician's and Surgeon's 
Certificate.
    (4) As a result of the actions taken by the State of Michigan, 
Department of Consumer and Industry Services, Board of Medicine 
Disciplinary Subcommittee, Dr. Saleh is currently without authority to 
handle controlled substances in the State of Michigan, the state in 
which he is registered with DEA.
    Copies of the Order to Show Cause were sent by certified mail to 
Dr. Saleh at his registered location in Detroit, Michigan, with a 
second copy sent to a location in Orchard Lake, Michigan. The order 
sent to the Orchard Lake location was subsequently forwarded to a 
location in San Diego, California by the United States Postal Service 
where it was accepted on behalf of Dr. Saleh on December 26, 2003. DEA 
has not received a request for hearing or any other reply from Dr. 
Saleh or anyone purporting to represent him in this matter
    Therefore, the Deputy Administrator of DEA, finding that (1) Thirty 
days having passed since the delivery of the Order to Show Cause to the 
registrant's address of record, as well as to a second address; and (2) 
no request for hearing having been received, concludes that Dr. Saleh 
is deemed to have waived his hearing right. See David W. Linder, 67 FR 
12579 (2002). After considering material from the investigative file in 
this matter, the Deputy Administrator now enters her final order 
without a hearing pursuant to 21 CFR 1301.43(d) and (e) and 1301.46.
    The Deputy Administrator finds that Dr. Saleh is currently 
registered with DEA as a practitioner. According to information in the 
investigative file, on or about June 26, 2001, the Michigan Department 
of Consumer and Industry Services, Board of Medicine (Board) issued an 
Order of Summary Suspension of the state medical license of Dr. Saleh. 
Attached to the Order of Summary Suspension was a two-count 
Administrative Complaint which alleged, in relevant part, that Dr. 
Saleh suffered from ``* * * a mental or physical inability reasonably 
related to and adversely affecting [his] ability to practice medicine 
in a safe and competent manner * * *''
    In support of the allegations in its Administrative Complaint, the 
Board found that after a neuropsychological examination, Dr. Saleh 
suffered from memory and cognitive impairments. Specifically, Dr. Saleh 
was diagnosed with amnestic syndrome, small vessel cerebral ischemic 
disease and demonstrated deficits involving memory function, fine motor 
dexterity, verbal fluency, and abstract reasoning.
    Effective September 19, 2001, Dr. Saleh entered into a Consent 
Order with the Board where the parties agreed, inter alia, to the 
dissolution of the June 26, 2001 Order of Summary Suspension and the 
suspension of Dr. Saleh's medical license for a minimum period of six 
months and one day. The parties further agreed that reinstatement of a 
license which had been suspended for more than six months is not 
automatic; and in the event Dr. Saleh applied for the reinstatement of 
his medical license, he was required to satisfy certain conditions as 
part of his readmission to the practice of medicine.
    Information in the investigative file further reveals that in or 
around September of 2003, DEA received information that Dr. Saleh's 
Michigan medical license was considered ``lapsed'' by the state, as it 
had expired on January 31, 2003. There is no evidence before the Deputy 
Administrator that Dr. Saleh has satisfied the conditions of the Board 
for reinstatement of his medical license, or that he has renewed that 
license.
    Pursuant to 21 U.S.C. 824(a), the Deputy Administrator may revoke a 
DEA Certificate of Registration if she finds that the registrant has 
had his state license revoked and is no longer authorized to dispense 
controlled substances, or has committed such acts as would render his 
registration contrary to the public interest as determined by factors 
listed in 21 U.S.C. 823(f). Thomas B. Pelkowski, D.D.S., 57 FR 28538 
(1992). Nevertheless, despite findings of the Board regarding Dr. 
Saleh's fitness to practice medicine in the State of Michigan and 
notwithstanding the other public interest factors for the revocation of 
his DEA registration asserted herein, the more relevant consideration 
here is the present status of Dr. Saleh's state authorization to handle 
controlled substances.
    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 business. See 21 U.S.C. 802(21), 
823(f), and 824(a)(3). This prerequisite has been consistently upheld. 
See Rory Patrick Doyle, M.D., 69 FR 11655 (2004); Dominick A. Ricci, 
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
    Here, it is clear that Dr. Saleh's Michigan medical license was 
suspended, and it subsequently expired. Under the circumstances, it is 
reasonable to infer that Dr. Saleh is currently not licensed under 
Michigan law to handle controlled substances. Therefore, he is not 
entitled to a DEA registration in that state. As a result of a finding 
that Dr. Saleh lacks state authorization to handle controlled 
substances, the Deputy Administrator concludes that it is unnecessary 
to address further whether his DEA registration should be revoked based 
upon the public interest grounds asserted in the Order to Show Cause. 
See Samuel Silas Jackson, D.D.S., 67 FR 65145 (2002); Nathaniel-Aikens-
Afful, M.D., 62 FR 16871 (1997); Sam F. Moore, D.V.M., 58 FR 14428 
(1993).
    Accordingly, the Deputy Administrator of the Drug Enforcement 
Administration, pursuant to the authority vested in her by 21 U.S.C. 
823 and 824 and 28 CFR 0.100(b) and 0.104, hereby orders that DEA 
Certificate of Registration, AS5912387, issued to Saeed Saleh, M.D., 
be, and it hereby is, revoked. The Deputy Administrator further orders 
that any pending applications for renewal or modification of such 
registration be, and they hereby are, denied. This order is effective 
November 1, 2004.


[[Page 58548]]


    Dated: September 8, 2004.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 04-21962 Filed 9-29-04; 8:45 am]
BILLING CODE 4410-09-M