[Federal Register Volume 61, Number 231 (Friday, November 29, 1996)]
[Notices]
[Page 60730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30377]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Earl G. Rozeboom, M.D.; Revocation of Registration
On March 4, 1996, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Earl G. Rozeboom, M.D., of Des Moines, Iowa,
notifying him of an opportunity to show cause as to why DEA should not
revoke his DEA Certificate of Registration, AR4044611, under 21 U.S.C.
824(a)(3), and deny any pending applications for renewal of his
registration under 21 U.S.C. 823(f), for reason that, on or about
January 20, 1994, the Iowa Board of Pharmacy Examiners revoked his
state controlled substance registration. The order also notified Dr.
Rozeboom that should no request for a hearing be filed within 30 days,
his hearing right would be deemed waived.
The order was sent by certified mail, and a signed return receipt
dated March 15, 1996, was received by the DEA. However, no request for
a hearing or any other reply was received by the DEA from DR. Rozeboom
or anyone purporting to represent him in this matter.
Therefore, the Acting Deputy Administrator, finding that (1) more
than thirty 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. Rozeboom is deemed to have waived his hearing right. After
considering relevant material from the investigative file in this
matter, the Acting Deputy Administrator now enters his final order
without a hearing pursuant to 21 C.F.R. 1301.54(e) and 1301.57.
The Acting Deputy Administrator finds that based upon Dr.
Rozeboom's excessive prescribing of controlled substances, on November
18, 1993, the Board of Medical Examiners of the State of Iowa placed
his license to practice medicine on probation for five years, subject
to various terms and conditions. One term of that probation is that,
Dr. Rozeboom ``shall not posses, order, dispense, administer or
prescribe any controlled drugs until further order of the Board.'' As a
result of this action, the State of Iowa, Board of Pharmacy Examiners
revoked Dr. Rozeboom's controlled substances registration on or about
January 20, 1994. Therefore, the Acting Deputy Administrator concludes
that Dr. Rozeboom is not currently authorized to handle controlled
substances in the State of Iowa.
The DEA does not have 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 Dominick A. Ricci, M.D., 58 Fed. Reg. 51,104 (1993); James H.
Nickens, M.D., 57 Fed. Reg. 59,847 (1992); Roy E. Hardman, M.D., 57
Fed. Reg. 49,195 (1992). Because Dr. Rozeboom is not currently
authorized by the State of Iowa to handle controlled substances, he is
not entitled to a DEA registration.
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 C.F.R. 0.100(b) and 0.104, hereby orders
the DEA Certificate of Registration, AR404611, previously issued to
Earl G. Rozeboom, M.D., be, and it hereby is, revoked, and any pending
applications for renewal of such registration, be, and they hereby are,
denied. This order is effective December 30, 1996.
Dated: November 19, 1996.
[FR Doc. 96-30377 Filed 11-27-96; 8:45 am]
BILLING CODE 4410-09-M
