[Federal Register Volume 62, Number 227 (Tuesday, November 25, 1997)]
[Notices]
[Pages 62785-62786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30844]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Edward B. Curry, M.D.; Revocation of Registration
On June 3, 1997, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Edward B. Curry, M.D., of Syracuse, New York,
notifying him of an opportunity to show cause as to why DEA should not
revoke his DEA Certificate of Registration AC2054360, 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 New York. The order also notified Dr. Curry that should no
request for a hearing be filed within 30 days of receipt, his hearing
right would be deemed waived.
The Order to Show Cause was first sent to Dr. Curry's registered
address, and was returned to DEA unclaimed. DEA then learned that Dr.
Curry was residing at an address in Birmingham, Alabama, and the Order
to Show Cause was sent to him at that address. DEA received a signed
receipt indicating that the order was received by Dr. Curry on August
8, 1997. No request for a hearing or any other reply was received by
DEA from Dr. Curry 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. Curry
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 CFR 1301.43 (d) and (e) and 1301.46.
The Acting Deputy Administrator finds that effective May 7, 1996,
the State of New York, Department of Health, State Board for
Professional Medical Conduct (Board) issued a Determination and Order
revoking Dr. Curry's license to practice medicine. The Board found that
Dr. Curry failed to comply with an order of the Committee on
Professional Conduct that he undergo a psychiatric examination; engaged
in physical and/or verbal abuse of patients; engaged in conduct
evidencing moral unfitness; suffered from mental impairment; and
practiced medicine while impaired.
The Acting Deputy Administrator finds that in light of the fact
that Dr. Curry is not currently licensed to practice medicine in the
State of New York, 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 16193 (1997); Demetris A. Green, M.D., 61 FR 60728
(1996), Dominick A. Ricci, M.D., 58 FR 51104 (1993).
Here it is clear that Dr. Curry is not currently authorized to
handle controlled substances in the State of New York. Therefore, Dr.
Curry 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 AC2054360, previously issued to Edward
B. Curry, M.D., be,
[[Page 62786]]
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
December 26, 1997.
Dated: November 17, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-30844 Filed 11-24-97; 8:45 am]
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