[Federal Register Volume 62, Number 67 (Tuesday, April 8, 1997)]
[Notices]
[Pages 16872-16873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8946]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Raymond S. Sanders, D.P.M.; Revocation of Registration
On June 18, 1996, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Raymond S. Sanders, D.P.M., of Sacramento,
California, notifying him of an opportunity to show cause as to why DEA
should not revoke his DEA Certificate of Registration, AS8739572, under
21 U.S.C. 824(a)(3) and 824(a)(4), and deny any pending applications
for 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 California and his continued registration
would be inconsistent with the public interest. The order also notified
Dr. Sanders that should no request for a hearing be filed within 30
days, his hearing right would be deemed waived.
The DEA received a signed receipt indicating that the order was
received by Dr. Sanders on July 1, 1996. No request for a hearing or
any other reply was received by the DEA from Dr. Sanders 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. Sanders is deemed to have
waived his hearing right. After considering the 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 April 15, 1996, the
Office of Administrative Hearings, State of California, issued an
interim suspension order suspending Dr. Sanders from practicing
podiatric medicine. Thereafter, on April 29, 1996, the Board of
Podiatric Medicine for the State of California (Board) filed an
Accusation charging, in part, that Dr. Sanders engaged in
unprofessional conduct by prescribing, dispensing or furnishing
dangerous drugs to himself and his wife without medical indication. The
Accusation proposed the revocation of Dr. Sanders' podiatric medicine
license. On June 19, 1996, the Board entered a Default Decision
revoking Dr. Sanders' podiatric medicine license effective July 19,
1996. The Acting Deputy Administrator finds that in light of the fact
that Dr. Sanders is not currently licensed to practice podiatric
medicine in the State of California, it is reasonable to infer that he
is not currently authorized to handle controlled substances in that
state.
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 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 Dr. Sanders is not currently authorized to
handle controlled substances in the State of California. Therefore, Dr.
Sanders is not entitled to a DEA registration. Because Dr. Sanders is
not entitled to a DEA registration due to his lack of state
authorization to handle controlled substances, the Acting Deputy
Administrator concludes that it is unnecessary to address whether Dr.
Sanders' continued registration would be inconsistent with the public
interest as alleged in the Order to Show Cause.
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, AS8739572, previously issued to
Raymond S. Sanders, D.P.M., be, and it hereby is, revoked. The Acting
Deputy Administrator further orders that any pending applications for
registration, be, and they hereby are, denied. This order is effective
May 8, 1997.
[[Page 16873]]
Dated: April 1, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-8946 Filed 4-7-97; 8:45 am]
BILLING CODE 4410-09-M
