[Federal Register: March 24, 2005 (Volume 70, Number 56)]
[Notices]               
[Page 15122-15123]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr05-85]                         

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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

 
Orlando Ortega-Ortiz, M.D. Revocation of Registration

    On February 20, 2004, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Orlando Ortega-Ortiz, M.D. (Dr. Ortega-Ortiz) of 
Penuelas, Puerto Rico, notifying him of an opportunity to show cause as 
to why DEA should not revoke his DEA Certificate of Registration 
B07925766, as a 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 Dr. 
Ortega-Ortiz has been mandatorily excluded from participating in 
federal health programs pursuant to 42 U.S.C. 1320-7(a). The order also 
notified Dr. Ortega-Ortiz that should no request for a hearing be filed 
within 30 days, his hearing right would be deemed waived.
    The Order to Show Cause was sent by certified mail to Dr. Ortega-
Ortiz at his address of record at 656h Infanteria 319, Penuelas, Puerto 
Rico 00624. The letter was delivered to the registered address prior to 
April 1, 2004, and receipted for by Dr. Ortega-Ortiz. DEA has not 
received a request for a hearing or any other reply from Dr. Ortega-
Ortiz or anyone purporting to represent him in this matter.
    Therefore, the 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. Ortega-Ortiz is 
deemed to have waived his hearing right. See Samuel S. Jackson, D.D.S., 
67 FR 65145 (2002); David W. Linder, 67 FR 12579 (2002). 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 Dr. Ortega-Ortiz currently 
possesses DEA Certificate of Registration B07925766. The Deputy 
Administrator further finds that as a result of Dr. Ortega-Ortiz's 
fraudulent activities, pursuant to his guilty pleas, on September 17, 
2002, he was convicted in the United States District Court, District of 
Puerto Rico of 11 counts of conspiring to solicit and receive kickbacks 
in relation to Medicare referrals, in violation of 18 U.S.C. 371. He 
was sentenced to three years probation and a $7,500.00 fine.
    As a result of Dr. Ortega-Ortiz's convictions, 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);

[[Page 15123]]

see Johnnie Melvin Turner, M.D., 67 FR 71203 (2002). The underlying 
conviction forming the basis for a registrant's exclusion from 
participating in federal health care programs need not involve 
controlled substances for revocation under 21 U.S.C. 824(a)(5). See KK 
Pharmacy, 64 FR 49507 (1999); Stanley Dubin, D.D.S., 61 FR 60727 
(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 B07925766, issued to Orlando Ortega-Ortiz, 
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 April 25, 
2005.

    Dated: September 29, 2004.
Michele M. Leonhart,
Deputy Administrator.
Editorial Note: This document was received at the Office of the 
Federal Register on March 21, 2005.
[FR Doc. 05-5815 Filed 3-23-05; 8:45 am]

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