[Federal Register Volume 63, Number 137 (Friday, July 17, 1998)]
[Notices]
[Page 38670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19082]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Fred D. Oremland, M.D., Revocation of Registration

    On January 13, 1998, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Fred D. Oremland, M.D., of California, notifying 
him of an opportunity to show cause as to why DEA should not revoke his 
DEA Certificate of Registration, AO4999592, under 21 U.S.C. 824(a)(3), 
and deny any pending applications for renewal of such registration as a 
practitioner pursuant to 21 U.S.C. 823(f), for reason that he is not 
currently authorized to handle controlled substances in the State of 
California. The order also notified Dr. Oremland that should no request 
for a hearing be filed within 30 days, his hearing right would be 
deemed waived.
    The DEA received a signed receipt indicating that the order was 
received on January 31, 1998. No request for a hearing or any other 
reply was received by the DEA from Dr. Oremland or anyone purporting to 
represent him in this matter. Therefore, the Acting Deputy 
Administrator, finding that (1) 30 days have passed since the receipt 
of the Order to Show Cause, and (2) no request for a hearing having 
been received, concludes that Dr. Oremland is deemed to have waived his 
hearing right. After considering material from the investigative file 
in this matter, the Acting Deputy Administrator now enters his final 
order without a hearing pursuant to 21 C.F.R. 1301.43(d) and (e) and 
1301.46.
    The Acting Deputy Administrator finds that on August 23, 1995, the 
Medical Board of California (Board) filed an Accusation against Dr. 
Oremland alleging improper and excessive treatment; improper and 
excessive billing; the creation of false medical records; repeated 
violations of patient confidence; exploitation of a patient; excessive 
prescribing of dangerous drugs and controlled substances; and 
violations of statutory recordkeeping requirements. On June 25, 1996, 
Dr. Oremland entered into a stipulation with the Board whereby he 
agreed to surrender his physician and surgeon's certificate by October 
1, 1996. In addition, Dr. Oremland agreed to waive his right to renew 
his state certificate and to not seek reinstatement or relicensure for 
at least three years. This stipulation was accepted by the Board by 
Order dated July 17, 1996. A letter from the Board dated January 13, 
1998, which is in the investigative file, indicates that Dr. Oremland's 
California physician and surgeon's certificate was in fact surrendered.
    The Acting Deputy Administrator finds that in light of the fact 
that Dr. Oremland is not currently licensed to practice medicine in the 
State of California, it is reasonable to infer that he is not currently 
authorized to handle controlled substances in that state. The DEA does 
not have the 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 Romeo J. 
Perez, M.D., 62 FR 16, 193 (1997); Demetris A. Green, M.D., 61 FR 60, 
728 (1996); Dominick A. Ricci, M.D., 58 FR 51,104 (1993).
    Here it is clear that Dr. Oremland is not currently authorized to 
handle controlled substances in the State of California. Therefore, Dr. 
Oremland 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 CFR 0.100(b) and 0.104, hereby orders that 
DEA Certificate of Registration, AO4999592, previously issued to Fred 
D. Oremland, M.D., be, and it hereby is, revoked. The Acting Deputy 
Administrator further orders that any pending applications for the 
renewal of such registration, be, and they hereby are, denied. This 
order is effective August 17, 1998.

    Dated: July 10, 1998.
Donnie R. Marshall,
Acting Deputy Administrator.
[FR Doc. 98-19082 Filed 7-16-98; 8:45 am]
BILLING CODE 4410-09-M