[Federal Register Volume 61, Number 231 (Friday, November 29, 1996)]
[Notices]
[Page 60729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30380]
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DEPARTMENT OF JUSTICE
Irene C. Kelly, a/k/a Ayter Yalincak, a/k/a Imrag Yalincak;
Revocation of Registration
On April 1, 1996, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA) issued an
Order to Show Cause to Irene C. Kelly, a/k/a Ayter Yalincak, a/k/a
Imrag Yalincak, of Indiana, notifying her of an opportunity to show
cause as to why DEA should not revoke her DEA Certificate of
Registration, BK3903829, under 21 U.S.C. 824(a)(1), 824(a)(3), and
824(a)(4), and deny any pending applications for registration pursuant
to 21 U.S.C. 823(f). The order alleged in essence that Ms. Kelly
fraudulently misrepresented her medical credentials, thereby falsifying
her application for registration, and as a result, her state medical
license was voided and she was convicted of practicing medicine without
a license. The order also notified Ms. Kelly that should no request for
a hearing be filed within 30 days, her hearing right would be deemed
waived.
The order was sent by certified mail, and a signed return receipt
dated April 6, 1996, was received by the DEA. However, no request for a
hearing or any other reply was received by the DEA from Ms. Kelly or
anyone purporting to represent her 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 requests for a hearing having been received,
concludes that Ms. Kelly is deemed to have waived her 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 CFR 1301.54(e) and 1301.57.
The Acting Deputy Administrator finds that on May 26, 1994, the
Medical Licensing Board of Indiana (Board) summarily suspended the
medical license held by Irene Catherine Mary Kelly, M.D. for 90 days.
The Board's order stated that on January 27, 1994, Ms. Kelly,
fraudulently obtained a license to practice medicine in the State of
Indiana by impersonating a Canadian-educated physician. On her
application for state registration, she used the fictitious name of
``Irene Catherine Mary Kelly, M.D.'' and submitted phony documentation
that indicated her purported credentials. Subsequently, by an Order
dated February 16, 1995, the Board voided ab initio the medical license
which was issued to Irene Catherine Mary Kelly, M.D. Subsequently, Ms.
Kelly was convicted in state court of practicing medicine without a
license, and is currently incarcerated, serving a four year sentence.
Ms. Kelly has refused to surrender her DEA Certificate of Registration.
The Acting Deputy Administrator concludes that Ms. Kelly is not
currently authorized to handle controlled substances in the State of
Indiana.
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 she conducts 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 FR 51,104 (1993); James H. Nickens, M.D.,
57 FR 59,847 (1992); Roy E. Hardman, M.D., 57 FR 49,195 (1992). Here,
it is clear that Ms. Kelly is neither authorized to practice medicine
nor to dispense controlled substances in the State of Indiana.
Therefore, Ms. Kelly is not entitled to a DEA registration. Because Ms.
Kelly is not entitled to a DEA registration due to her lack of state
authorization to handled controlled substances, the Acting Deputy
Administrator concludes that it is unnecessary to specifically address
the other issues raised by the Order to Show Cause.
Accordinly, the Acting Deputy Administrator of the Drug Enforcement
Administration, pursuant to the authority vested in him by 21 U.S.C.
823 and 28 CFR 0.100(b) and 0.104, hereby orders that DEA Certificate
of Registration, BK3903829, previously issued to Irene Kelly, M.D., be,
and it hereby is, revoked, and any pending applications for
registration, be, and they hereby are, denied. This order is effective
December 30, 1996.
Dated: November 19, 1996.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 96-30380 Filed 11-27-96; 8:45 am]
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