[Federal Register Volume 64, Number 22 (Wednesday, February 3, 1999)]
[Notices]
[Pages 5313-5314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2467]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Wendell Leondrus Chestnut, M.D. Revocation of Registration
On July 23, 1997, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Wendell Leondrus Chestnut, M.D., of
Philadelphia, Pennsylvania, notifying him of an opportunity to show
cause as to why DEA should not revoke his DEA Certificate of
Registration AC2513972 under 21 U.S.C. 824(a)(3), and deny any pending
applications for registration pursuant to 21 U.S.C. 823(f), for reason
that he is not currently authorized to handle controlled substances in
the Commonwealth of Pennsylvania. The order also notified Dr. Chestnut
that should no request for a hearing be filed within 30 days, his
hearing right would be deemed waived.
Dr. Chestnut was ultimately served with the Order to Show Cause on
January 23, 1998. No request for a hearing or any other reply was
received by the DEA from Dr. Chestnut 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. Chestnut is deemed to have waived his hearing right. After
considering material from the investigative file in this matter, the
Deputy Administrator now enters his final order without a hearing
pursuant to 21 CFR 1301.43 (d) and (e) and 1301.46
The Deputy Administrator finds that effective October 22, 1996, the
Commonwealth of Pennsylvania, State Board of Medicine indefinitely
suspended Dr. Chestnut's license to practice medicine and surgery in
Pennsylvania based upon his failure to purchase professional liability
insurance and to pay annual surcharges since January 1992. Dr. Chestnut
did not present any evidence to indicate that he is licensed to
practice medicine in Pennsylvania.
The Deputy Administrator finds that Dr. Chestnut is not currently
licensed to practice medicine in the Commonwealth of Pennsylvania and
therefore, 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 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 Dr. Chestnut is not currently authorized to
handle controlled substances in the Commonwealth of Pennsylvania. As a
result, Dr. Chestnut is not entitled to a DEA registration in that
state.
Accordingly, the Deputy Administrator of the Drug Enforcement
[[Page 5314]]
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 AC2513972, previously issued to Wendell Leondrus
Chestnut, M.D., be, and it hereby is, revoked. The Deputy Administrator
further orders that any pending applications for the renewal of such
registration, be, and they hereby are, denied. This order is effective
March 5, 1999.
Dated: January 5, 1999.
Donnie R. Marshall,
Deputy Administrator.
[FR Doc. 99-2467 Filed 2-2-99; 8:45 am]
BILLING CODE 4410-09-M
