[Federal Register Volume 69, Number 193 (Wednesday, October 6, 2004)]
[Notices]
[Pages 59960-59961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22421]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Michael J. Schwartz, MD.; Revocation of Registration

    On January 5, 2004, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Michael J. Schwartz, M.D. (Dr. Schwartz) who was 
notified of an opportunity to show cause as to why DEA should not 
revoke his DEA Certificate of Registration, BS5860590, pursuant to 21 
U.S.C. 824(a)(3). Specifically, the Order to Show Cause alleged that 
Dr. Schwartz was without State license to handle controlled substances 
in the State of Louisiana. The Order to Show Cause also notified Dr. 
Schwartz that should no request for a hearing be filed within 30 days, 
his hearing right would be deemed waived.
    The Order to Show Cause was sent by certified mail to Dr. Schwartz 
at his registered location in Kenner, Louisiana, with a second copy 
sent to Dr. Schwartz' legal counsel in New Orleans. The order sent to 
Dr. Schwartz' address of record was subsequently returned to DEA by the 
United States Postal Service with a stamped notation: ``attempted, not 
known.'' According to the return receipt of the second order sent to 
the registrant's attorney, it was accepted on Dr. Schwartz' behalf on 
or around January 15, 2004. DEA has not received a request for hearing 
or any other reply from Dr. Schwartz or anyone purporting to represent 
him in this matter.
    Therefore, the Deputy Administrator of DEA, finding that (1) thirty 
days having passed since the attempted 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. Schwartz 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

[[Page 59961]]

Deputy Administrator now enters her final order without a hearing 
pursuant to 21 CFR 1301.43(d) and (3) and 1301.46.
    The Deputy Administrator finds that Dr. Schwartz is currently 
registered with DEA as a practitioner authorized to handle controlled 
substances in Schedules II through V. According to information in the 
investigative file, on August 4, 2003, DEA received information from 
the Louisiana State Board of Medical Licensure (Board) that effective 
July 30, 2003, Dr. Schwartz was ``no longer authorized to engage in the 
practice of medicine in any form in the State of Louisiana.'' An 
accompanying document in the file reveals that the Board summarily 
suspended Dr. Schwartz' State Medical license. The underlying basis for 
the board's suspension order was not specified.
    Also on August 4, 2003, DEA received information that in response 
to the aforementioned suspension order of the Board, the Louisiana 
State Department of Health and Hospitals (LSDHH) summarily suspended 
Dr. Schwartz' State Controlled Dangerous Substance License. According 
to a copy of a letter dated August 6, 2003 from LSDHH to Dr. Schwartz 
(obtained by a DEA investigator), Dr. Schwartz was prohibited from 
reapplying for reinstatement of his stated controlled substance 
registration ``* * * until the [Board] notifies [LSDHH] in writing that 
[Dr. Schwartz'] controlled substance privileges have been reinstated.''
    There is no evidence before the Deputy Administrator to rebut 
findings that Dr. Schwartz' Louisiana medical license, as well as his 
State controlled substance license, have been suspended, or that the 
suspensions have been lifted. Therefore, the Deputy Administrator finds 
that Dr. Schwartz is currently not authorized to handle controlled 
substances in Louisiana.
    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 Richard J. Clement, M.D., 68 FR 12103 (2003); Dominick A. Ricci, 
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
    Here, it is clear that Dr. Schwartz' State controlled substance 
license has been suspended and there is no information before the 
Deputy Administrator which points to the suspension having been lifted. 
As a result, Dr. Schwartz is not licensed to handle controlled 
substances in Louisiana, where he is registered with DEA. Therefore, he 
is not entitled to maintain that registration.
    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, BS5860590, issued to Michael J. Schwartz, 
MD., be, and it hereby is, revoked. The Deputy Administrator further 
orders that any pending applications for renewal or modification of the 
aforementioned registration be, and it hereby is, denied. This order is 
effective November 5, 2004.

    Dated: September 8, 2004.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 04-22421 Filed 10-5-04; 8:45 am]
BILLING CODE 4410-09-M