[Federal Register Volume 62, Number 115 (Monday, June 16, 1997)]
[Notices]
[Page 32658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15640]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Craig K. Alhanati, D.D.S. Revocation of Registration
On June 25, 1996, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Craig K. Alhanati, D.D.S., of California,
notifying him of an opportunity to show cause as to why DEA should not
revoke his DEA Certificate of Registration, AA2387721, 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 State of California.
The Order to Show Cause was not served on Dr. Alhanati until
sometime in December 1996. By letter dated December 21, 1996, Dr.
Alhanati responded to the Order to Show Cause. In his response, Dr.
Alhanati did not request a hearing, but instead set forth his position
on the issues raised by the Order to Show Cause. Therefore, the Acting
Deputy Administrator, finding that Dr. Alhanati has waived his right to
a hearing, hereby enters his final order without a hearing and based
upon the investigative file and Dr. Alhanati's letter dated December
21, 1996, pursuant to 21 CFR 1301.43 (c) and (e) and 1301.46.
The Acting Deputy Administrator finds that by a decision dated
April 17, 1994, the Board of Dental Examiners for the State of
California revoked Dr. Alhanati's license to practice medicine based
upon a finding that he committed a lewd act upon a child. The Acting
Deputy Administrator finds that in light of the fact that Dr. Alhanati
is not currently licensed to practice dentistry 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 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. Alhanati is not currently authorized to
handle controlled substances in the State of California. Therefore, Dr.
Alhanati is not entitled to a DEA registration in that state.
In his letter dated December 21, 1996, Dr. Alhanati admitted that
he was not currently authorized to practice dentistry in California,
but stated that he was licensed ``in the state of Illinois, among other
states.'' He further contended that ``to revoke my DEA Certificate of
Registration might forever preclude me from prescribing analgesics
requisite following treatment of my patients following surgery.'' Dr.
Alhanati argued that his state license was erroneously revoked because
he ``was non-culpable of the allegation,'' and that the reason that it
was revoked was non-drug related. Finally, Dr. Alhanati indicated that
he was seeking relicensure with the State of California.
The Acting Deputy Administrator concludes that the fact that Dr.
Alhanati is licensed to practice dentistry in states other than
California is irrelevant since he is not authorized to practice in the
state where he is registered with DEA and he has not sought to modify
his current registration to another state. The Acting Deputy
Administrator notes that revocation of Dr. Alhanati's DEA Certificate
of Registration will not forever preclude him from prescribing
controlled substances. Dr. Alhanati is certainly free to apply for a
new DEA registration in a state where he is authorized to practice
dentistry and handle controlled substances or to reapply for a DEA
registration in California, if he is relicensed in that state. The fact
that Dr. Alhanati is seeking relicensure in California is not
persuasive. There is no evidence in the record that he has been granted
a new license to practice dentistry in California, and therefore the
Acting Deputy Administrator concludes that Dr. Alhanati is not
currently authorized to practice or handle controlled substances in
that state, Finally, Dr. Alhanati's arguments that his state revocation
was erroneous and not drug-related are immaterial. No matter what the
basis was for the state action, the fact remains that he is not
currently authorized to practice and handle controlled substances in
California.
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 AA2387721, previously issued to Craig
K. Alhanati, 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 July 16, 1997.
Dated: June 9, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-15640 Filed 6-13-97; 8:45 am]
BILLING CODE 4410-09-M
