DentalScam
07-16-2016, 02:02 PM
Avi Weisfogel has had his dental license revoked and had to repay patients to the tune of over $500,000 - one patient $400,000!! And, this revocation was serious enough that it wasn't the Board of Dentistry, it was the State Attorney General's Office!! Look at the attached pics of the ruling! Dental Sleep Masters - Dental Sleep Master and Avi Weisfogel Scam Review 632515 May 07, Dental Oral Appliance Therapy @ Pissed Consumer (http://dental-sleep-masters.pissedconsumer.com/dental-sleep-master-and-avi-weisfogel-scam-20150507632515.html) Also, visit the State of New Jersey Consumer Affairs website!
They tell the dentist to perform and bill for the HST - illegal!! They tell the dentist to place a "Sleep Coordinator in the office for free _ ILLEGAL, violates Anti-kickback laws!!!
Their Dental Sleep Masters offices - in Florida is an apt building, in New Jersey is a rundown tenament!!!
Avi Weisfogel uses his credit card to pay for services from vendors and then fraudulently submits an "unauthorized charge" claim to the credit card company falsely claiming that services were not delivered, even though services were delivered. He continues to run his scam on the backs of vendors who do work to promote him and then he claims they didn't do the service and he screws them.
Beware and run!!
Ripoff Report | Avi Weisfogal Complaint Review Nationwide: 1227601 (http://www.ripoffreport.com/r/Avi-Weisfogal/nationwide/Avi-Weisfogal-Dental-Sleep-Masters-This-individual-is-a-scammer-His-Dental-Sleep-Masters-1227601)
http://www.njconsumeraffairs.gov/Actions/20141113_22DI02078300.pdf Actual Consent Order by NJ Attorney General REVOKING AVI WEISFOGEL'S DENTAL LICENSE!
From Avi Weisfogel, D.D.S.; Decision and Order, 17738-17739 [2016-07111] :: Drug Enforcement Administration :: Department Of Justice :: Regulation Tracker :: Justia (http://regulations.justia.com/regulations/fedreg/2016/03/30/2016-07111.html)
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Avi Weisfogel, D.D.S.; Decision and Order
On November 2, 2015, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Avi Weisfogel, D.D.S. (Registrant), of Old
Bridge, New Jersey. GX 1, at 1. The Show Cause Order proposed the
revocation of Registrant's Certificate of Registration BW6474580,
pursuant to which he is authorized to dispense controlled substances in
schedules II through V as a practitioner, the denial of any application
to renew or modify the registration, and the denial of any application
for any other DEA registration, on the ground that he ``do[es] not have
authority to handle controlled substances in New Jersey, the [S]tate in
which he is registered with the'' Agency. Id. (citing 21 U.S.C. 823(f)
and 824(a)(3)).
More specifically, the Show Cause Order alleged that Registrant
entered into a consent order with the New Jersey State Board of
Dentistry (Board), pursuant to which the Board revoked his license to
practice dentistry effective November 13, 2014. Id. The Show Cause
Order thus alleged that Registrant is ``without authority to handle
controlled substances in New Jersey, the State in which [he is]
registered.'' Id. The Order thus advised Registrant that his
registration was subject to revocation ``based upon [his] lack of
authority to handle controlled substances in the State of New Jersey.''
Id. (citing 21 U.S.C. 802(21), 823(f) and 824(a)(3)).\1\
---------------------------------------------------------------------------
\1\ The Show Cause Order also notified Registrant of his right
to request a hearing on the allegations or to submit a written
statement in lieu of a hearing, the procedure for electing either
option, and the consequence for failing to elect either option. GX
1, at 2 (citing 21 CFR 1301.43).
---------------------------------------------------------------------------
Having determined that Registrant was no longer practicing at his
registered location, a Diversion Investigator obtained his residence
address and initially attempted to serve the Show Cause Order on him by
Certified Mail, Return Receipt Requested, which was addressed to him at
his residence. GX 6, at 1-2 (Declaration of DI). However, the mailing
was returned unclaimed. GX 3, at 1. Subsequently, on December 4, 2015,
the DI mailed the Show Cause Order to Registrant's residence by regular
first class mail. GX 6, at 2. The DI averred that the Order was not
returned as undeliverable. Id.
In its Request for Final Agency Action, the Government advises that
neither Registrant, nor anyone representing him, has requested a
hearing or sent any other correspondence to DEA. Request for Final
Agency Action, at 6. Accordingly, the Government filed its Request for
Final Agency Action seeking the revocation of Registrant's Registration
along with the Investigative Record to support is Request. See 21 CFR
1301.43(d) & (e).
Based on the Government's submission, I conclude that Registrant
has received constitutionally adequate notice of the proceeding. See
Jones v. Flowers, 547 U.S. 220 (2006). I find that since the date of
service of the Order to Show Cause, 30 days have now passed, and
neither Registrant, nor anyone purporting to represent him, has either
requested a hearing on the allegations or submitted a written statement
in lieu of a hearing. See 21 CFR 1301.43(a) & (c). Accordingly, I find
that Registrant has waived his right to a hearing or to submit a
written statement. Id. Sec. 1301.43(c) & (d). I therefore issue this
Decision and Final Order based on the Investigative Record submitted by
the Government. Id. Sec. 1301.43(e). I make the following findings of
fact.
Findings
Registrant is the holder of DEA Certificate of Registration
BW6474580, pursuant to which he is authorized to dispense controlled
substances in schedules II through V, at the registered address of 30
State Highway 18, Old Bridge, NJ. GX 2. The registration does not
expire until May 31, 2017. Id.
Registrant previously held a dental license issued by the New
Jersey State Board of Dentistry. GX 5, at 1. Registrant also previously
held a New Jersey Controlled Dangerous Substance Registration (CDS).
However, on November 13, 2014, Registrant entered into a Consent Order
with the Board of Dentistry in which he agreed that his dental license
``is hereby permanently retired [and this] is to be deemed a revocation
of licensure.'' GX 5, at 2. As for his New Jersey CDS Registration, it
became inactive on the same date that Registrant entered into the
Consent Order with the Board and has since expired. According to the
online records of the State of New Jersey, as of the date of this
Order, Registrant's New Jersey Dentist license remains revoked. See
also https://newjersey.mylicense.com/verification.
Discussion
Pursuant to 21 U.S.C. 824(a)(3), the Attorney General is authorized
to suspend or revoke a registration issued under section 823, ``upon a
finding that the Registrant . . . has had his State license . . .
suspended [or] revoked . . . by competent State authority and is no
longer authorized by State law to engage in the . . . dispensing of
controlled substances.'' Moreover, DEA has repeatedly held that the
possession of authority to dispense controlled substances under the
laws of the State in which a practitioner engages in professional
practice is a fundamental condition for obtaining and maintaining a
practitioner's registration. James L. Hooper, 76 FR 71371 (2011), pet.
for rev. denied, Hooper v. Holder, 481 Fed. Appx. 826 (4th Cir. 2012).
This rule derives from the text of two provisions of the CSA.
First, Congress defined ``the term `practitioner' [to] mean[ ] a . . .
physician . . . or other person licensed, registered or otherwise
permitted, by . . . the jurisdiction in which he practices . . . to
distribute, dispense, [or] administer . . . a controlled substance in
the course of professional practice.'' 21 U.S.C. 802(21). Second, in
setting the requirements for obtaining a practitioner's registration,
Congress directed that ``[t]he Attorney General shall register
practitioners . . . if the applicant is authorized to dispense . . .
controlled substances under the laws of the State in which he
practices.'' 21 U.S.C. 823(f). Because Congress has clearly mandated
that a practitioner possess state authority in order to be deemed a
practitioner under the Act, DEA has held repeatedly that revocation of
a practitioner's registration is the appropriate sanction whenever he
is no longer authorized to dispense controlled substances under the
laws of the State in which he practices his profession. See, e.g.,
Calvin Ramsey, 76 FR 20034, 20036 (2011); Sheran Arden Yeates, M.D., 71
FR 39130, 39131 (2006); Dominick A. Ricci, 58 FR 51104, 51105 (1993);
Bobby Watts, 53 FR 11919, 11920 (1988).
Because Registrant no longer holds authority to dispense controlled
substances in New Jersey, the State in which he is registered with the
Agency, I will order that his registration be revoked and that any
pending application to renew or modify his registration be denied.
Order
Pursuant to the authority vested in me by 21 U.S.C. 823(f) and
824(a), as well as 21 CFR 0.100(b), I order that DEA Certificate of
Registration BW6474580, issued to Avi Weisfogel, D.D.S., be, and it
hereby is, revoked. I further order that any pending application of Avi
Weisfogel, D.D.S, to renew or modify his
[[Page 17739]]
registration, be, and it hereby is, denied. This Order is effective
April 29, 2016.
Dated: March 21, 2016.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2016-07111 Filed 3-29-16; 8:45 am]
BILLING CODE 4410-09-P
[Federal Register Volume 81, Number 61 (Wednesday, March 30, 2016)]
[Notices]
[Pages 17738-17739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07111]
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Avi Weisfogel, D.D.S.; Decision and Order
On November 2, 2015, the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration (DEA), issued an Order to Show Cause to Avi Weisfogel, D.D.S. (Registrant), of Old Bridge, New Jersey. GX 1, at 1. The Show Cause Order proposed the revocation of Registrant's Certificate of Registration BW6474580, pursuant to which he is authorized to dispense controlled substances in schedules II through V as a practitioner, the denial of any application to renew or modify the registration, and the denial of any application for any other DEA registration, on the ground that he "do[es] not have authority to handle controlled substances in New Jersey, the [S]tate in which he is registered with the" Agency. Id. (citing 21 U.S.C. 823(f) and 824(a)(3)).
More specifically, the Show Cause Order alleged that Registrant entered into a consent order with the New Jersey State Board of Dentistry (Board), pursuant to which the Board revoked his license to practice dentistry effective November 13, 2014. Id. The Show Cause Order thus alleged that Registrant is "without authority to handle controlled substances in New Jersey, the State in which [he is] registered." Id. The Order thus advised Registrant that his registration was subject to revocation "based upon [his] lack of authority to handle controlled substances in the State of New Jersey." Id. (citing 21 U.S.C. 802(21), 823(f) and 824(a)(3)).\1\
---------------------------------------------------------------------------
\1\ The Show Cause Order also notified Registrant of his right to request a hearing on the allegations or to submit a written statement in lieu of a hearing, the procedure for electing either option, and the consequence for failing to elect either option. GX 1, at 2 (citing 21 CFR 1301.43).
---------------------------------------------------------------------------
Having determined that Registrant was no longer practicing at his registered location, a Diversion Investigator obtained his residence address and initially attempted to serve the Show Cause Order on him by Certified Mail, Return Receipt Requested, which was addressed to him at his residence. GX 6, at 1-2 (Declaration of DI). However, the mailing was returned unclaimed. GX 3, at 1. Subsequently, on December 4, 2015, the DI mailed the Show Cause Order to Registrant's residence by regular first class mail. GX 6, at 2. The DI averred that the Order was not returned as undeliverable. Id.
In its Request for Final Agency Action, the Government advises that neither Registrant, nor anyone representing him, has requested a hearing or sent any other correspondence to DEA. Request for Final Agency Action, at 6. Accordingly, the Government filed its Request for Final Agency Action seeking the revocation of Registrant's Registration along with the Investigative Record to support is Request. See 21 CFR 1301.43(d) & (e).
Based on the Government's submission, I conclude that Registrant has received constitutionally adequate notice of the proceeding. See Jones v. Flowers, 547 U.S. 220 (2006). I find that since the date of service of the Order to Show Cause, 30 days have now passed, and neither Registrant, nor anyone purporting to represent him, has either requested a hearing on the allegations or submitted a written statement in lieu of a hearing. See 21 CFR 1301.43(a) & (c). Accordingly, I find that Registrant has waived his right to a hearing or to submit a written statement. Id. Sec. 1301.43(c) & (d). I therefore issue this Decision and Final Order based on the Investigative Record submitted by the Government. Id. Sec. 1301.43(e). I make the following findings of fact.
Findings
Registrant is the holder of DEA Certificate of Registration BW6474580, pursuant to which he is authorized to dispense controlled substances in schedules II through V, at the registered address of 30 State Highway 18, Old Bridge, NJ. GX 2. The registration does not expire until May 31, 2017. Id.
Registrant previously held a dental license issued by the New Jersey State Board of Dentistry. GX 5, at 1. Registrant also previously held a New Jersey Controlled Dangerous Substance Registration (CDS). However, on November 13, 2014, Registrant entered into a Consent Order with the Board of Dentistry in which he agreed that his dental license "is hereby permanently retired [and this] is to be deemed a revocation of licensure." GX 5, at 2. As for his New Jersey CDS Registration, it became inactive on the same date that Registrant entered into the Consent Order with the Board and has since expired. According to the online records of the State of New Jersey, as of the date of this Order, Registrant's New Jersey Dentist license remains revoked. See also https://newjersey.mylicense.com/verification.
Discussion
Pursuant to 21 U.S.C. 824(a)(3), the Attorney General is authorized to suspend or revoke a registration issued under section 823, "upon a finding that the Registrant . . . has had his State license . . . suspended [or] revoked . . . by competent State authority and is no longer authorized by State law to engage in the . . . dispensing of controlled substances." Moreover, DEA has repeatedly held that the possession of authority to dispense controlled substances under the laws of the State in which a practitioner engages in professional practice is a fundamental condition for obtaining and maintaining a practitioner's registration. James L. Hooper, 76 FR 71371 (2011), pet. for rev. denied, Hooper v. Holder, 481 Fed. Appx. 826 (4th Cir. 2012).
This rule derives from the text of two provisions of the CSA. First, Congress defined "the term `practitioner' [to] mean[ ] a . . . physician . . . or other person licensed, registered or otherwise permitted, by . . . the jurisdiction in which he practices . . . to distribute, dispense, [or] administer . . . a controlled substance in the course of professional practice." 21 U.S.C. 802(21). Second, in setting the requirements for obtaining a practitioner's registration, Congress directed that "[t]he Attorney General shall register practitioners . . . if the applicant is authorized to dispense . . . controlled substances under the laws of the State in which he practices." 21 U.S.C. 823(f). Because Congress has clearly mandated that a practitioner possess state authority in order to be deemed a practitioner under the Act, DEA has held repeatedly that revocation of a practitioner's registration is the appropriate sanction whenever he is no longer authorized to dispense controlled substances under the laws of the State in which he practices his profession. See, e.g., Calvin Ramsey, 76 FR 20034, 20036 (2011); Sheran Arden Yeates, M.D., 71 FR 39130, 39131 (2006); Dominick A. Ricci, 58 FR 51104, 51105 (1993); Bobby Watts, 53 FR 11919, 11920 (1988).
Because Registrant no longer holds authority to dispense controlled substances in New Jersey, the State in which he is registered with the Agency, I will order that his registration be revoked and that any pending application to renew or modify his registration be denied.
Order
Pursuant to the authority vested in me by 21 U.S.C. 823(f) and 824(a), as well as 21 CFR 0.100(b), I order that DEA Certificate of Registration BW6474580, issued to Avi Weisfogel, D.D.S., be, and it hereby is, revoked. I further order that any pending application of Avi Weisfogel, D.D.S, to renew or modify his
[[Page 17739]]
registration, be, and it hereby is, denied. This Order is effective April 29, 2016.
Dated: March 21, 2016.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2016-07111 Filed 3-29-16; 8:45 am]
BILLING CODE 4410-09-P
NOTICE: This is an unofficial version. An official version of this publication may be obtained directly from the Government Printing Office (http://www.gpo.gov/fdsys/) (GPO).
They tell the dentist to perform and bill for the HST - illegal!! They tell the dentist to place a "Sleep Coordinator in the office for free _ ILLEGAL, violates Anti-kickback laws!!!
Their Dental Sleep Masters offices - in Florida is an apt building, in New Jersey is a rundown tenament!!!
Avi Weisfogel uses his credit card to pay for services from vendors and then fraudulently submits an "unauthorized charge" claim to the credit card company falsely claiming that services were not delivered, even though services were delivered. He continues to run his scam on the backs of vendors who do work to promote him and then he claims they didn't do the service and he screws them.
Beware and run!!
Ripoff Report | Avi Weisfogal Complaint Review Nationwide: 1227601 (http://www.ripoffreport.com/r/Avi-Weisfogal/nationwide/Avi-Weisfogal-Dental-Sleep-Masters-This-individual-is-a-scammer-His-Dental-Sleep-Masters-1227601)
http://www.njconsumeraffairs.gov/Actions/20141113_22DI02078300.pdf Actual Consent Order by NJ Attorney General REVOKING AVI WEISFOGEL'S DENTAL LICENSE!
From Avi Weisfogel, D.D.S.; Decision and Order, 17738-17739 [2016-07111] :: Drug Enforcement Administration :: Department Of Justice :: Regulation Tracker :: Justia (http://regulations.justia.com/regulations/fedreg/2016/03/30/2016-07111.html)
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Avi Weisfogel, D.D.S.; Decision and Order
On November 2, 2015, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Avi Weisfogel, D.D.S. (Registrant), of Old
Bridge, New Jersey. GX 1, at 1. The Show Cause Order proposed the
revocation of Registrant's Certificate of Registration BW6474580,
pursuant to which he is authorized to dispense controlled substances in
schedules II through V as a practitioner, the denial of any application
to renew or modify the registration, and the denial of any application
for any other DEA registration, on the ground that he ``do[es] not have
authority to handle controlled substances in New Jersey, the [S]tate in
which he is registered with the'' Agency. Id. (citing 21 U.S.C. 823(f)
and 824(a)(3)).
More specifically, the Show Cause Order alleged that Registrant
entered into a consent order with the New Jersey State Board of
Dentistry (Board), pursuant to which the Board revoked his license to
practice dentistry effective November 13, 2014. Id. The Show Cause
Order thus alleged that Registrant is ``without authority to handle
controlled substances in New Jersey, the State in which [he is]
registered.'' Id. The Order thus advised Registrant that his
registration was subject to revocation ``based upon [his] lack of
authority to handle controlled substances in the State of New Jersey.''
Id. (citing 21 U.S.C. 802(21), 823(f) and 824(a)(3)).\1\
---------------------------------------------------------------------------
\1\ The Show Cause Order also notified Registrant of his right
to request a hearing on the allegations or to submit a written
statement in lieu of a hearing, the procedure for electing either
option, and the consequence for failing to elect either option. GX
1, at 2 (citing 21 CFR 1301.43).
---------------------------------------------------------------------------
Having determined that Registrant was no longer practicing at his
registered location, a Diversion Investigator obtained his residence
address and initially attempted to serve the Show Cause Order on him by
Certified Mail, Return Receipt Requested, which was addressed to him at
his residence. GX 6, at 1-2 (Declaration of DI). However, the mailing
was returned unclaimed. GX 3, at 1. Subsequently, on December 4, 2015,
the DI mailed the Show Cause Order to Registrant's residence by regular
first class mail. GX 6, at 2. The DI averred that the Order was not
returned as undeliverable. Id.
In its Request for Final Agency Action, the Government advises that
neither Registrant, nor anyone representing him, has requested a
hearing or sent any other correspondence to DEA. Request for Final
Agency Action, at 6. Accordingly, the Government filed its Request for
Final Agency Action seeking the revocation of Registrant's Registration
along with the Investigative Record to support is Request. See 21 CFR
1301.43(d) & (e).
Based on the Government's submission, I conclude that Registrant
has received constitutionally adequate notice of the proceeding. See
Jones v. Flowers, 547 U.S. 220 (2006). I find that since the date of
service of the Order to Show Cause, 30 days have now passed, and
neither Registrant, nor anyone purporting to represent him, has either
requested a hearing on the allegations or submitted a written statement
in lieu of a hearing. See 21 CFR 1301.43(a) & (c). Accordingly, I find
that Registrant has waived his right to a hearing or to submit a
written statement. Id. Sec. 1301.43(c) & (d). I therefore issue this
Decision and Final Order based on the Investigative Record submitted by
the Government. Id. Sec. 1301.43(e). I make the following findings of
fact.
Findings
Registrant is the holder of DEA Certificate of Registration
BW6474580, pursuant to which he is authorized to dispense controlled
substances in schedules II through V, at the registered address of 30
State Highway 18, Old Bridge, NJ. GX 2. The registration does not
expire until May 31, 2017. Id.
Registrant previously held a dental license issued by the New
Jersey State Board of Dentistry. GX 5, at 1. Registrant also previously
held a New Jersey Controlled Dangerous Substance Registration (CDS).
However, on November 13, 2014, Registrant entered into a Consent Order
with the Board of Dentistry in which he agreed that his dental license
``is hereby permanently retired [and this] is to be deemed a revocation
of licensure.'' GX 5, at 2. As for his New Jersey CDS Registration, it
became inactive on the same date that Registrant entered into the
Consent Order with the Board and has since expired. According to the
online records of the State of New Jersey, as of the date of this
Order, Registrant's New Jersey Dentist license remains revoked. See
also https://newjersey.mylicense.com/verification.
Discussion
Pursuant to 21 U.S.C. 824(a)(3), the Attorney General is authorized
to suspend or revoke a registration issued under section 823, ``upon a
finding that the Registrant . . . has had his State license . . .
suspended [or] revoked . . . by competent State authority and is no
longer authorized by State law to engage in the . . . dispensing of
controlled substances.'' Moreover, DEA has repeatedly held that the
possession of authority to dispense controlled substances under the
laws of the State in which a practitioner engages in professional
practice is a fundamental condition for obtaining and maintaining a
practitioner's registration. James L. Hooper, 76 FR 71371 (2011), pet.
for rev. denied, Hooper v. Holder, 481 Fed. Appx. 826 (4th Cir. 2012).
This rule derives from the text of two provisions of the CSA.
First, Congress defined ``the term `practitioner' [to] mean[ ] a . . .
physician . . . or other person licensed, registered or otherwise
permitted, by . . . the jurisdiction in which he practices . . . to
distribute, dispense, [or] administer . . . a controlled substance in
the course of professional practice.'' 21 U.S.C. 802(21). Second, in
setting the requirements for obtaining a practitioner's registration,
Congress directed that ``[t]he Attorney General shall register
practitioners . . . if the applicant is authorized to dispense . . .
controlled substances under the laws of the State in which he
practices.'' 21 U.S.C. 823(f). Because Congress has clearly mandated
that a practitioner possess state authority in order to be deemed a
practitioner under the Act, DEA has held repeatedly that revocation of
a practitioner's registration is the appropriate sanction whenever he
is no longer authorized to dispense controlled substances under the
laws of the State in which he practices his profession. See, e.g.,
Calvin Ramsey, 76 FR 20034, 20036 (2011); Sheran Arden Yeates, M.D., 71
FR 39130, 39131 (2006); Dominick A. Ricci, 58 FR 51104, 51105 (1993);
Bobby Watts, 53 FR 11919, 11920 (1988).
Because Registrant no longer holds authority to dispense controlled
substances in New Jersey, the State in which he is registered with the
Agency, I will order that his registration be revoked and that any
pending application to renew or modify his registration be denied.
Order
Pursuant to the authority vested in me by 21 U.S.C. 823(f) and
824(a), as well as 21 CFR 0.100(b), I order that DEA Certificate of
Registration BW6474580, issued to Avi Weisfogel, D.D.S., be, and it
hereby is, revoked. I further order that any pending application of Avi
Weisfogel, D.D.S, to renew or modify his
[[Page 17739]]
registration, be, and it hereby is, denied. This Order is effective
April 29, 2016.
Dated: March 21, 2016.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2016-07111 Filed 3-29-16; 8:45 am]
BILLING CODE 4410-09-P
[Federal Register Volume 81, Number 61 (Wednesday, March 30, 2016)]
[Notices]
[Pages 17738-17739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07111]
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Avi Weisfogel, D.D.S.; Decision and Order
On November 2, 2015, the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration (DEA), issued an Order to Show Cause to Avi Weisfogel, D.D.S. (Registrant), of Old Bridge, New Jersey. GX 1, at 1. The Show Cause Order proposed the revocation of Registrant's Certificate of Registration BW6474580, pursuant to which he is authorized to dispense controlled substances in schedules II through V as a practitioner, the denial of any application to renew or modify the registration, and the denial of any application for any other DEA registration, on the ground that he "do[es] not have authority to handle controlled substances in New Jersey, the [S]tate in which he is registered with the" Agency. Id. (citing 21 U.S.C. 823(f) and 824(a)(3)).
More specifically, the Show Cause Order alleged that Registrant entered into a consent order with the New Jersey State Board of Dentistry (Board), pursuant to which the Board revoked his license to practice dentistry effective November 13, 2014. Id. The Show Cause Order thus alleged that Registrant is "without authority to handle controlled substances in New Jersey, the State in which [he is] registered." Id. The Order thus advised Registrant that his registration was subject to revocation "based upon [his] lack of authority to handle controlled substances in the State of New Jersey." Id. (citing 21 U.S.C. 802(21), 823(f) and 824(a)(3)).\1\
---------------------------------------------------------------------------
\1\ The Show Cause Order also notified Registrant of his right to request a hearing on the allegations or to submit a written statement in lieu of a hearing, the procedure for electing either option, and the consequence for failing to elect either option. GX 1, at 2 (citing 21 CFR 1301.43).
---------------------------------------------------------------------------
Having determined that Registrant was no longer practicing at his registered location, a Diversion Investigator obtained his residence address and initially attempted to serve the Show Cause Order on him by Certified Mail, Return Receipt Requested, which was addressed to him at his residence. GX 6, at 1-2 (Declaration of DI). However, the mailing was returned unclaimed. GX 3, at 1. Subsequently, on December 4, 2015, the DI mailed the Show Cause Order to Registrant's residence by regular first class mail. GX 6, at 2. The DI averred that the Order was not returned as undeliverable. Id.
In its Request for Final Agency Action, the Government advises that neither Registrant, nor anyone representing him, has requested a hearing or sent any other correspondence to DEA. Request for Final Agency Action, at 6. Accordingly, the Government filed its Request for Final Agency Action seeking the revocation of Registrant's Registration along with the Investigative Record to support is Request. See 21 CFR 1301.43(d) & (e).
Based on the Government's submission, I conclude that Registrant has received constitutionally adequate notice of the proceeding. See Jones v. Flowers, 547 U.S. 220 (2006). I find that since the date of service of the Order to Show Cause, 30 days have now passed, and neither Registrant, nor anyone purporting to represent him, has either requested a hearing on the allegations or submitted a written statement in lieu of a hearing. See 21 CFR 1301.43(a) & (c). Accordingly, I find that Registrant has waived his right to a hearing or to submit a written statement. Id. Sec. 1301.43(c) & (d). I therefore issue this Decision and Final Order based on the Investigative Record submitted by the Government. Id. Sec. 1301.43(e). I make the following findings of fact.
Findings
Registrant is the holder of DEA Certificate of Registration BW6474580, pursuant to which he is authorized to dispense controlled substances in schedules II through V, at the registered address of 30 State Highway 18, Old Bridge, NJ. GX 2. The registration does not expire until May 31, 2017. Id.
Registrant previously held a dental license issued by the New Jersey State Board of Dentistry. GX 5, at 1. Registrant also previously held a New Jersey Controlled Dangerous Substance Registration (CDS). However, on November 13, 2014, Registrant entered into a Consent Order with the Board of Dentistry in which he agreed that his dental license "is hereby permanently retired [and this] is to be deemed a revocation of licensure." GX 5, at 2. As for his New Jersey CDS Registration, it became inactive on the same date that Registrant entered into the Consent Order with the Board and has since expired. According to the online records of the State of New Jersey, as of the date of this Order, Registrant's New Jersey Dentist license remains revoked. See also https://newjersey.mylicense.com/verification.
Discussion
Pursuant to 21 U.S.C. 824(a)(3), the Attorney General is authorized to suspend or revoke a registration issued under section 823, "upon a finding that the Registrant . . . has had his State license . . . suspended [or] revoked . . . by competent State authority and is no longer authorized by State law to engage in the . . . dispensing of controlled substances." Moreover, DEA has repeatedly held that the possession of authority to dispense controlled substances under the laws of the State in which a practitioner engages in professional practice is a fundamental condition for obtaining and maintaining a practitioner's registration. James L. Hooper, 76 FR 71371 (2011), pet. for rev. denied, Hooper v. Holder, 481 Fed. Appx. 826 (4th Cir. 2012).
This rule derives from the text of two provisions of the CSA. First, Congress defined "the term `practitioner' [to] mean[ ] a . . . physician . . . or other person licensed, registered or otherwise permitted, by . . . the jurisdiction in which he practices . . . to distribute, dispense, [or] administer . . . a controlled substance in the course of professional practice." 21 U.S.C. 802(21). Second, in setting the requirements for obtaining a practitioner's registration, Congress directed that "[t]he Attorney General shall register practitioners . . . if the applicant is authorized to dispense . . . controlled substances under the laws of the State in which he practices." 21 U.S.C. 823(f). Because Congress has clearly mandated that a practitioner possess state authority in order to be deemed a practitioner under the Act, DEA has held repeatedly that revocation of a practitioner's registration is the appropriate sanction whenever he is no longer authorized to dispense controlled substances under the laws of the State in which he practices his profession. See, e.g., Calvin Ramsey, 76 FR 20034, 20036 (2011); Sheran Arden Yeates, M.D., 71 FR 39130, 39131 (2006); Dominick A. Ricci, 58 FR 51104, 51105 (1993); Bobby Watts, 53 FR 11919, 11920 (1988).
Because Registrant no longer holds authority to dispense controlled substances in New Jersey, the State in which he is registered with the Agency, I will order that his registration be revoked and that any pending application to renew or modify his registration be denied.
Order
Pursuant to the authority vested in me by 21 U.S.C. 823(f) and 824(a), as well as 21 CFR 0.100(b), I order that DEA Certificate of Registration BW6474580, issued to Avi Weisfogel, D.D.S., be, and it hereby is, revoked. I further order that any pending application of Avi Weisfogel, D.D.S, to renew or modify his
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registration, be, and it hereby is, denied. This Order is effective April 29, 2016.
Dated: March 21, 2016.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2016-07111 Filed 3-29-16; 8:45 am]
BILLING CODE 4410-09-P
NOTICE: This is an unofficial version. An official version of this publication may be obtained directly from the Government Printing Office (http://www.gpo.gov/fdsys/) (GPO).