[Federal Register Volume 69, Number 204 (Friday, October 22, 2004)]
[Notices]
[Pages 62095-62096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23710]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Daniel Ortiz-Vargas, M.D.; Revocation of Registration

    On March 2, 2004, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Daniel Ortiz-Vargas, M.D. (Respondent) of Yauco, 
Puerto Rico, notifying him of an opportunity to show cause as to why 
DEA should not revoke his DEA Certificate of Registration BO6085395, as 
practitioner, under 21 U.S.C. 824(a)(5) and deny any pending 
applications for renewal or modification of that registration. As a 
basis for revocation, the Order to Show Cause alleged that Respondent 
had been mandatorily excluded from participating in federal health 
programs pursuant to 42 U.S.C. 1320-7(a).
    By letter dated March 28, 2004, Respondent, through legal counsel, 
requested a hearing. On April 20, 2004, Administrative Law Judge Gail 
A. Randall (Judge Randall) issued an Order for Prehearing Statements, 
requiring the Government and Respondent to file prehearing statements 
by May 11 and June 1, 2004, respectively. The Government filed a timely 
prehearing statement, however, Respondent failed to file his prehearing 
statement by the deadline.
    On June 29, 2004, Judge Randall issued a sua sponte Notice and 
Order to Respondent allowing him a limited extension of time, until 
July 21, 2004, to file his prehearing statement. The Notice and Order 
cautioned Respondent that if he failed to meet this deadline, Judge 
Randall would deem his inactivity to be a waiver of his hearing 
entitlement and that she would issue an order terminating the case. 
Respondent did not file a prehearing statement and on August 10, 2004, 
Judge Randall issued her Order terminating the proceedings. On August 
26, 2004, the Office of Chief Counsel forwarded the record to the 
Deputy Administrator for entry of a final order based on the 
investigative file.
    Therefore, the Deputy Administrator finds that Respondent, having 
requested a hearing but having failed to participate in the matter 
after being apprised of the consequences, is deemed to have waived his 
hearing right. See Bill Lloyd Drug, 64 FR 1823-01 (1999); Vincent A. 
Piccone, M.D., 62 FR 62,074 (1997). After considering material from the 
investigative file, 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 Respondent currently possesses 
DEA Certificate of Registration BO6085395. The Deputy Administrator 
further finds that as a result of Respondent's fraudulent activities, 
pursuant to his guilty plea, he was convicted in the United States 
District Court, District of Puerto Rico of one count of conspiring to 
solicit and receive kickbacks in relation to Medicare referrals for 
durable medical equipment, in violation of 18 U.S.C. 371. On September 
17, 2002, he was sentenced to three years probation.
    As a result of Respondent's conviction, on January 31, 2003, he was 
notified by the Department of Health and Human Services of his five-
year mandatory exclusion from participation in the Medicare program 
pursuant to 42 U.S.C. 1320a-7(a). Exclusion from Medicare is an 
independent ground for revoking a DEA registration. 21 U.S.C. 
824(a)(5); see Johnnie Melvin Turner, M.D., 67 FR 71,203 (2002). The 
underlying conviction forming the basis for registrant's exclusion from 
participating in Federal health care programs need not involve 
controlled

[[Page 62096]]

substances for revocation under 21 U.S.C. 824(a)(5). See KK Pharmacy, 
64 FR 49,507 (1999); Stanley Dubin, D.D.S., 61 FR 60,727 (1996).
    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 BO6085395, issued to Daniel Ortiz-Vargas, 
M.D., be, and it hereby is, revoked. The Deputy Administrator further 
orders that any pending applications for renewal of such registration 
be, and they hereby are, denied. This order is effective November 22, 
2004.

    Dated: October 5, 2004.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 04-23710 Filed 10-21-04; 8:45 am]
BILLING CODE 4410-09-M