[Federal Register Volume 63, Number 203 (Wednesday, October 21, 1998)]
[Notices]
[Pages 56223-56224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28174]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 97-31]
Sandra J.S. Tyner, M.D.; Revocation of Registration
On August 1, 1997, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Sandra J.S. Tyner, M.D. (Respondent) of Grants
Pass, Oregon notifying her of an opportunity to show cause as to why
DEA should not revoke her DEA Certificate of Registration AS9530533,
under 21 U.S.C. 824(a)(1) and (a)(4) and deny any pending applications
for renewal of such registration pursuant to 21 U.S.C. 823(f). The
Order to Show Cause alleged that Respondent falsified two DEA renewal
applications filed in 1995 by failing to indicate that the Oregon State
Board of Medical Examiners (Board) had taken action on several
occasions against her license to practice medicine. In addition, the
Order to Show Cause alleged that in 1996, the Board suspended her
medical license based upon her failure to undergo a psychiatric
evaluation and upon her proclivity to abuse controlled substances. The
Board subsequently reinstated her medical license and placed it on
probation.
By letter dated August 26, 1997, Respondent, through counsel,
requested a hearing and the matter was docketed before Administrative
Law Judge Mary Ellen Bittner. In the midst of prehearing procedures,
Respondent's counsel indicated that Respondent's medical license had
been suspended since October 21, 1997. Thereafter, on January 30, 1998,
the Government filed a Motion for Summary Disposition alleging that
Respondent is no longer authorized to handle controlled substances in
Oregon, the state where she is registered with DEA. On February 20,
1998, Respondent filed a response to the Government's motion against
arguing that the suspension of Respondent's medical license is
temporary and that the regulations do not provide for summarily
terminating Respondent's DEA registration under these circumstances.
On May 12, 1998, Judge Bittner issued her Opinion and Recommended
Decision, finding that Respondent lacked authorization to handle
controlled substances in Oregon; granting the Government's Motion for
Summary Disposition; and recommending the Respondent's DEA Certificate
of Registration be revoked. Neither party filed exceptions to her
opinion, and on June 22, 1998, Judge Bittner transmitted the record of
these proceedings to the Acting Deputy Administrator.
The Acting Deputy Administrator has considered the record in its
entirety, and pursuant to 21 CFR 1316.67, hereby issues his final order
based upon findings of fact and conclusions of law as hereinafter set
forth. The Acting Deputy Administrator adopts, in full, the Opinion and
Recommended Decision of the Administrative Law Judge.
The Acting Deputy Administrator finds that on October 21, 1997, the
Board issued an emergency suspension order regarding Respondent's
license to practice medicine in Oregon after it was determined that she
had discontinued treatment with a psychiatrist and she was self-
prescribing controlled substances in violation of a previous Board
order. A letter in the record dated January 22, 1998, from the Chief
Investigator of the Board indicates that Respondent's medical license
was still suspended as of that date.
While Respondent argues in her response to the Government's motion
that her suspension is temporary, she does not deny that she is
currently without authorization to handle controlled substances in
Oregon. 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 authority to handle controlled
substances in the state in which she conducts her 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 Respondent is not currently authorized to
practice medicine in Oregon. It is reasonable to infer that because
Respondent is not authorized to practice medicine, she is also not
authorized to handle controlled substances in Oregon. Since Respondent
lacks this state authority, she is not entitled to a DEA registration
in that state.
In light of the above, Judge Bittner properly granted the
Government's Motion for Summary Disposition. It is well-settled that
when no material fact is involved, or when the material facts are
agreed upon, a plenary, adversary administrative proceeding involving
evidence and cross-examination of witnesses is not required. Congress
did not intend administrative agencies to perform meaningless tasks.
Gilbert Ross, M.D., 61 FR 8664 (1996); Philip E. Kirk, M.D., 48 FR
32,887 (1983), aff'd sub nom Kirk v. Mullen, 749 F.2d 297 (6th Cir.
1984); see also NLRB v. International Association of Bridge, Structural
and Ornamental Ironworkers, AFL-CIO, 549 F2d 634 (9th Cir. 1977);
United States v. Consolidated Mines & Smelting Co., 44 F2d 432 (9th
Cir. 1971). Here, there is no dispute concerning the material fact that
Respondent currently lacks state authority to handle controlled
substances in Oregon.
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 AS9530533, previously issued to Sandra
J.S. Tyner, M.D., be, and it hereby is revoked. The Acting Deputy
Administrator further orders that any pending applications for
[[Page 56224]]
renewal of such registration, be, and they hereby are, denied. This
order is effective November 20, 1998.
Dated: October 14, 1998.
Donnie R. Marshall,
Acting Deputy Administrator.
[FR Doc. 98-28174 Filed 10-20-98; 8:45 am]
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