[Federal Register Volume 62, Number 113 (Thursday, June 12, 1997)]
[Notices]
[Pages 32123-32124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15317]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Chandra M. Katta, M.D.; Revocation of Registration
On January 29, 1997, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to show Cause to Chandra M. Katta, M.D., of Morgan City,
Louisiana, notifying him of an opportunity to show cause as to why DEA
should not revoke his DEA Certificates of Registration, AK3284647 and
BK2580769, under 21 U.S.C. 824(a)(3), and deny any pending applications
for renewal of such registrations as a practitioner under 21 U.S.C.
823(f), for reason that he is not currently authorized to handle
controlled substances in the State of Louisiana.
In a letter dated March 4, 1997, Dr. Katta requested an extension
of time of 30 days to respond to the Order to Show Cause in order to
enable him to obtain legal counsel. By order dated March 10, 1997,
Administrative Law Judge Mary Ellen Bittner granted Dr. Katta an
extension of time to respond until April 10, 1997. Thereafter, on April
21, 1997, Judge Bittner issued an Order Terminating Proceedings in
light of Dr. Katta's failure to file a request for a hearing on the
issues raised by the Order to Show Cause.
The Acting Deputy Administrator concludes that since Dr. Katta
failed to file a request for a hearing within the allotted time period,
he is deemed to have waived his opportunity for a hearing. 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 1301.43 (d) and (e) and 1301.46.
The Acting Deputy Administrator finds that by a Consent Order dated
August 24, 1995, the Louisiana State Board of Medical Examiners (Board)
ordered the suspension of Dr. Katta's license to practice medicine for
five years, beginning on September 1, 1995, but then stayed the
suspension six months after the effective date, and placed his license
on probation beginning on March 1, 1996 until September 1, 2000,
subject to various conditions. One of the conditions imposed by the
Board was that ``Dr. Katta may not, at any time following the execution
of this agreement by the Board and for the remainder of his medical
career, prescribe, dispense, or administer any legally controlled
dangerous substance. * * * The Board further ordered however, that
``[t]his prohibition shall not extend to medications ordered or
prescriptions written by Dr. Katta for institutional or hospital in-
patients, under the permit or license of said institution or
hospital.''
The Acting Deputy Administrator concludes that in light of the
Board's action, Dr. Katta is not currently authorized by the State of
Louisiana to independently handle controlled substances. While the
Board does not prohibit Dr. Katta from handling controlled substances
in a hospital setting, he may only do so by using the hospital's permit
or license, and not by using a permit or license issued to him.
The DEA does not have statutory authority under the Controlled
Substances Act to issue or maintain a registration if the applicant or
registrant
[[Page 32124]]
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, in light of the Board's Consent Order, it is clear that Dr.
Katta is not authorized to handle controlled substances on his own in
the State of Louisiana, and is only authorized to handle controlled
substances in a hospital setting using the state and DEA registrations
issued to the hospital. Therefore, Dr. Katta is not entitled to a 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 and 28 CFR 0.100(b) and 0.104, hereby orders that
DEA Certificates of Registration, AK3284647 and BK2580769, previously
issued to Chandra M. Katta, M.D., be, and they hereby are, revoked. The
Acting Deputy Administrator further orders that any pending
applications for the renewal of such registrations, be, and they hereby
are, denied. This order is effective July 14, 1997.
Dated: June 5, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-15317 Filed 6-11-97; 8:45 am]
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