[Federal Register Volume 63, Number 46 (Tuesday, March 10, 1998)]
[Notices]
[Pages 11693-11694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6102]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Gerald W. Anderson, D.D.S.; Revocation of Registration
On July 31, 1997, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Gerald Anderson, M.D.,\1\ of Bend, Oregon,
notifying him of an opportunity to show cause as to why DEA should not
revoke his DEA
[[Page 11694]]
Certificate of Registration AA9568215, under 21 U.S.C. 824(a)(3), and
deny any pending applications of 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 Oregon. The
order also notified Dr. Anderson that should no request for a hearing
be filed within 30 days of receipt, his hearing right would be deemed
waived.
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\1\ While the Order to Show Cause was issued to Gerald Anderson,
M.D., the DEA Certificate of Registration at issue was issued to
Gerald W. Anderson, D.D.S.
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The DEA received a signed receipt indicating that the order was
received on August 18, 1997. No request for a hearing or any other
reply was received by the DEA from Dr. Anderson or anyone purporting to
represent him in this matter. Therefore, the Acting Deputy
Administrator, finding that (1) 30 days have past since the receipt of
the Order to Show Cause, and (2) no request for a hearing having been
received, concludes that Dr. Anderson 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 CFR 1301.43 (d)
and (e) and 1301.46.
The Acting Deputy Administrator finds that on May 20, 1994, the
Oregon Board of Dentistry entered into a Consent Order with Dr.
Anderson, whereby Dr. Anderson agreed to resign his license to practice
dentistry in Oregon and to permanently prohibited from ever applying
for license in that state. As a result, the Acting Deputy Administrator
finds that Dr. Anderson is not currently authorized to practice
dentistry in the State of Oregon. The Acting Deputy Administrator
further finds it reasonable to infer that Dr. Anderson is also not
authorized to handle controlled substances in the State of Oregon,
where he is currently registered with DEA to handle controlled
substances.
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. Anderson is not currently authorized to
practice dentistry or handle controlled substances in the State of
Oregon. Therefore, Dr. Anderson is not entitled to 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 28 CFR 0.100(b) and 0.104, hereby orders that DEA
Certificate of Registration AA9568215, previously issued to Gerald W.
Anderson, D.D.S., be, 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 April 9, 1998.
Dated: March 3, 1998.
Donnie R. Marshall,
Acting Deputy Administrator.
[FR Doc. 98-6102 Filed 3-9-98; 8:45 am]
BILLING CODE 4410-09-M
