[Federal Register Volume 62, Number 52 (Tuesday, March 18, 1997)]
[Notices]
[Pages 12839-12840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6792]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Harvey Bigelsen, M.D., Revocation of Registration

    On April 19, 1996, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Harvey Bigelsen, M.D., of Scottsdale, Arizona, 
proposing the revocation of his DEA Certificate of Registration 
BB3105992 and denial of any pending applications for renewal of such 
registration as a practitioner pursuant to 21 U.S.C. 824(a)(3), for 
reason that he is not currently authorized to handle controlled 
substances in the State of Arizona. The order also advised that should 
no request for a hearing be filed within 30 days, his hearing right 
would be deemed waiver.
    The Order to Show Cause was sent to Dr. Bigelsen by registered mail 
to his DEA registered address, but was returned to DEA unclaimed. The 
Order was next sent by registered mail to Dr. Bigelsen's last known 
residence in Scottsdale, Arizona, and is also was returned to DEA 
unclaimed. DEA then

[[Page 12840]]

attempted to locate Dr. Bigelsen in Arizona through the telephone 
directory and the Arizona Board of Medical Examiners without success. 
DEA investigators went to Dr. Bigelsen's last known address and were 
advised that he no longer lived there.
    The Acting Deputy Administrator finds that DEA has attempted to 
locate Dr. Bigelsen and has determined that his whereabouts are 
unknown. It is evident that Dr. Bigelsen is no longer practicing 
medicine at the address listed on his DEA Certificate of Registration. 
The Acting Deputy Administrator concludes that considerable effort has 
been made to serve Dr. Bigelsen with the Order to Show Cause without 
success. Dr. Bigelsen is therefore deemed to have waived his 
opportunity for a hearing. The Acting Deputy Administrator now enters 
his final order in this matter without a hearing and based on the 
investigative file. 21 C.F.R. 1301.54 and 1301.57.
    The Acting Deputy Administrator finds that effective May 2, 1994, 
the Board of Medical examiners of the State of Arizona (Board) entered 
into a Consent Order with Dr. Bigelsen whereby his license to practice 
medicine in the State of Arizona was canceled. The Board's action was a 
result of a plea agreement entered into by Dr. Bigelsen on or about 
October 21, 1993, wherein he pled guilty to charges of filing false, 
fictitious or fraudulent claims in violation of 18 U.S.C. 287, mail 
fraud in violation of 18 U.S.C. 1341, and conspiring to obstruct 
justice in violation of 18 U.S.C. 371. As part of the plea agreement, 
Dr. Bigelsen agreed to voluntarily relinquish his licenses to practice 
medicine in Arizona, New York and New Jersey, and his DEA Certificate 
of Registration. Attempts by DEA to obtain the voluntary surrender of 
Dr. Bigelsen's DEA Certificate of Registration have been unsuccessful.
    As a result of the cancellation of his Arizona medical license, the 
Acting Deputy Administrator finds that Dr. Bigelsen is not currently 
authorized to handle controlled substances in the State of Arizona. The 
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 his business. 21 U.S.C. 802(21), 823(f), and 
824(a)(3). This prerequisite has been consistently upheld. See Earl G. 
Rozeboom, M.D., 61 FR 60,730 (1996); Charles L. Novosad, Jr., M.D., 60 
FR 47,182 (1995); Dominick A. Ricci, M.D., 58 FR 51,104 (1993). Since 
Dr. Bigelsen is not currently authorized to handle controlled 
substances in the State of Arizona, he is not entitled to a DEA 
registration in that state.
    Accordingly, the Acting Deputy Administrator of the Drug 
Enforcement Administration, pursuant to the authority vested in him by 
21 U.S.C. 823 and 824 and 28 C.F.R. 0.100(b) and 0.104, hereby orders 
that DEA Certificate of Registration, BB3105992, previously issued to 
Harvey Bigelsen, M.D., be, and it hereby is, revoked. The Acting Deputy 
Administrator further orders that any pending applications for renewal 
of such registration be, and they hereby are, denied. This order is 
effective April 17, 1997.

    Dated: March 11, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-6792 Filed 3-17-97; 8:45 am]
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