Jayen C. Shah, M.D.; Revocation of Registration

DEPARTMENT OF JUSTICE

Jayen C. Shah, M.D.; Revocation of Registration

On September 23, 1993, the Deputy Assistant Administrator (then-

Director), Office of Diversion Control, Drug Enforcement Administration

(DEA), issued an Order to Show Cause to Jayen C. Shah, M.D. of 624

Benner Road, Allentown, Pennsylvania, proposing to revoke his DEA

Certificates of Registration, AS2199328 (Missouri), AS2094756

(Illinois), BS3036185 (Iowa), and BS3067142 (New Jersey); and deny his

pending application for registration as a practitioner in Pennsylvania,

for reason that his continued registration would be inconsistent with

the public interest.

The Order to Show Cause was sent by registered mail to Dr. Shah at

his registered locations in St. Louis, Missouri; East St. Louis,

Illinois; Waterloo, Iowa; Woodbury, New Jersey; and his most recent

address in Allentown, Pennsylvania. The copy sent to the East St. Louis

address was returned to the DEA by St. Mary Hospital with the notation

that Dr. Shah was not at that address. Also, the hospital apparently

forwarded a copy to Dr. Shah at a Fairview Heights, Illinois address,

which copy was also returned to the DEA, with a notation that Dr. Shah

was not there. The Waterloo, Iowa copy of the Order to Show Cause was

returned to the DEA by Emergency Practice Associates with a notation

that Dr. Shah is not an employee there. The Allentown, Pennsylvania

copy was returned with the notation that delivery was refused and it

indicated a forwarding postal box address in Ahmedabad, India for Dr.

Shah. Delivery of the Order to Show Cause was accepted at the Woodbury,

New Jersey and St. Louis, Missouri addresses on September 27, and 29,

1993, respectively.

Dr. Shah is no longer in practice or present at two of his

registered locations. More than thirty days have passed since receipt

of the Order to Show Cause and no response has been received from Dr.

Shah or from any person purporting to represent him.

Pursuant to 21 CFR 1301.54(d), the Acting Administrator finds that

Dr. Shah has waived his opportunity for a hearing. The Acting

Administrator has carefully considered the investigative file in this

matter, and enters his final order under the provisions of 21 CFR

1301.54(e) and 1301.57.

The Acting Administrator finds that in January 1989, the Illinois

Department of Professional Regulation initiated an investigation of Dr.

Shah based on a complaint that he was over-prescribing the controlled

substances Didrex and Dilaudid. At the same time, Missouri Bureau of

Narcotics and Dangerous Drugs provided Illinois information that Dr.

Shah had been regularly prescribing controlled substances such as

Didrex, Dilaudid, Percodan, Halcion, Tylox, and Xanax to persons

identified as ``professional patients''.

The Acting Administrator finds that during the period October 1988

through August 1989, Dr. Shah prescribed controlled substances to eight

patients not for a legitimate medical purpose and not in the usual

course of professional practice. Also, on three occasions during the

period October 20, 1989 through November 10, 1989, Dr. Shah prescribed

the controlled substances Tylox and Percodan for use by a person other

than the name indicated on the prescription.

The Acting Administrator finds that in October 1989, and at other

times during 1988 and 1989, Dr. Shah sold a fraudulent prescription for

the controlled substance Dilaudid in exchange for $400.00 cash, and on

November 29, 1989, he sold a prescription for the controlled substance

Percodan in exchange for $40.00 cash. Also, on November 14, 1989, Dr.

Shah proposed to a patient and her relatives that he would provide them

two controlled substance prescriptions per month in exchange for signed

Medicare forms and secretarial services.

The Acting Administrator further finds that the United States Air

Force, Scott Air Force Base, Illinois, suspended Dr. Shah's clinical

privileges based upon an allegation that he filed a false report in May

1990. Based on the above Air Force action, on March 17, 1993, the State

of Illinois Department of Professional Regulation suspended Dr. Shah's

license to practice medicine indefinitely. On March 26, 1993, Dr. Shah

voluntarily surrendered his medical license to the Missouri Board of

Registration for the Healing Arts and is foreclosed from reinstatement

for a period of seven years.

Accordingly, the Acting Administrator concludes that Dr. Shah is

not authorized to administer, dispense, prescribe, or otherwise handle

controlled substances under the laws of Illinois and Missouri, both

States in which he is registered to practice with DEA.

The Administrator may revoke or suspend a DEA Certificate of

Registration under 21 U.S.C. 824(a), upon a finding that the

registrant:

(1) Has materially falsified any application filed pursuant to or

required by this subchapter or subchapter II of this chapter;

(2) Has been convicted of a felony under this subchapter or

subchapter II of this chapter or any other law of the United States, or

of any State relating to any substance defined in this subchapter as a

controlled substance;

(3) Has had his State license or registration suspended, revoked,

or denied by competent State authority and is no longer authorized by

State law to engage in the manufacturing, distribution, or dispensing

of controlled substances or has had the suspension, revocation, or

denial of registration recommended by competent State authority;

(4) Has committed such acts as would render his registration under

section 823 of this title inconsistent with the public interest as

determined under such section;

(5) Has been excluded (or directed to be excluded) from

participation in a program pursuant to Section 1320A-7(a) of Title 42.

Pursuant to 21 U.S.C. 823(f), ``[i]n determining the public

interest, the following factors will be considered:

(1) The recommendation of the appropriate State licensing board or

disciplinary authority.

(2) The applicant's experience in dispensing, or conducting

research with respect to controlled substances.

(3) The applicant's conviction record under Federal or State laws

relating to the manufacture, distribution, or dispensing of controlled

substances.

(4) Compliance with applicable State, Federal, or local laws

relating to controlled substances.

(5) Such other conduct which may threaten the public health and

safety.''

It is well established that these factors are to be considered in

the disjunctive, i.e., the Administrator may properly rely on any one

or a combination of factors, and give each factor the weight he deems

appropriate. Henry J. Schwarz, Jr., M.D., Docket No. 88-42, 54 FR 16422

(1989).

The Acting Administrator finds that the first, second, fourth, and

fifth factors are relevant in this case. Here, the State licensing

bodies of Illinois and Missouri have taken adverse action against Dr.

Shah; Dr. Shah has improperly dispensed controlled substances without a

legitimate medical purpose and outside the scope of usual professional

practice; Dr. Shah has violated the Federal Controlled Substances Act

and regulations pertaining to controlled substances; and Dr. Shah's

propensity to sell controlled substances for cash or favors, and his

improper conduct with the U.S. Air Force threaten the public health and

safety. Furthermore, the Acting Administrator has no statutory

authority to register practitioners if they are not licensed in the

State in which they practice. DEA has consistently held that

termination of a registrant's State authority to handle controlled

substances requires that DEA revoke the registrant's DEA Certificate of

Registration. Sam S. Misasi, D.O., 50 FR 11469 (1985); George P.

Gotsis, M.D., 49 FR 33750 (1984); Henry Weitz, M.D., 46 FR 34858

(1981).

Based on all of the foregoing, the Acting Administrator concludes

that Dr. Shah's continued registration is inconsistent with the public

interest and must be revoked. 21 U.S.C. 823(f) and 824(a). Accordingly,

the Acting 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), hereby orders that DEA Certificates of Registration,

AS2199328, AS2094756, BS3036185, and BS3067142, previously issued to

Jayen C. Shah, M.D., be, and they hereby are, revoked, and that his

pending application for registration, be, and it hereby is, denied.

This order is effective on February 28, 1994.

Dated: January 21, 1994.

Stephen H. Greene,

Acting Administrator of Drug Enforcement.

[FR Doc. 94-1814 Filed 1-27-94; 8:45 am]

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