[Federal Register Volume 64, Number 120 (Wednesday, June 23, 1999)]
[Notices]
[Pages 33516-33517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15880]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
John Robert Harrison, M.D.; Revocation of Registration
On November 17, 1998, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to John Robert Harrison, M.D., of Rhode Island,
notifying him of an opportunity to show cause as to why DEA should not
revoke his DEA Certificate of Registration AH6477942 under 21 U.S.C.
824(a)(3), and deny any pending applications for renewal of his
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
Rhode Island. The order also notified Dr. Harrison that should no
request for a hearing be filed within 30 days, his hearing right would
be deemed waived.
The Order to Show Cause was sent by registered mail to Dr.
Harrison's registered location in Rhode Island, and was returned to
DEA. Another copy of
[[Page 33517]]
the Order to Show Cause was sent to Dr. Harrison at an address in
Massachusetts. On November 24, 1998, DEA received a signed receipt for
this Order to Show Cause. No request for a hearing or any other reply
has been received by DEA from Dr. Harrison or anyone purporting to
represent his 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. Harrison 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) 1301.46.
The Deputy Administrator finds that Dr. Harrison currently
possesses DEA Certificate of Registration AH6477942, issued to him in
Rhode Island. In an Administrative Decision dated July 8, 1998, the
Rhode Island Department of Health, Board of Medical Licensure and
Discipline (Board) revoked Dr. Harrison's license to practice medicine.
The Board concluded ``that (Dr. Harrison) is seriously impaired and
incompetent to practice.''
The Deputy Administrator concludes that Dr. Harrison is not
currently licensed to practice medicine in the State of Rhode Island
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. See 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. Harrison is not currently authorized to
handle controlled substances in the State of Rhode Island. As a result,
Dr. Harrison is not entitled to a DEA registration in that state.
Accordingly, the 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 AH6477942, previously issued to John Robert
Harrison, 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
July 23, 1999.
Dated: June 14, 1999.
Donnie R. Marshall,
Deputy Administrator.
[FR Doc. 99-15880 Filed 6-22-99; 8:45 am]
BILLING CODE 4410-09-M
