[Federal Register Volume 61, Number 133 (Wednesday, July 10, 1996)]
[Notices]
[Pages 36395-36396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17476]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Jeffrey Rutgard, M.D., Revocation of Registration
On November 21, 1995, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Jeffrey Rutgard, M.D., (Respondent), of La
Jolla, California, notifying him of an opportunity to show cause as to
why DEA should not revoke his DEA Certificate of Registration,
AR9688194, under 21 U.S.C. 824(a)(3), and deny any pending applications
for renewal of his registration as a practitioner under 21 U.S.C.
823(f), for the reason that, effective June 24, 1994, the California
Medical Board (Medical Board) ordered the revocation of his state
license to practice medicine. Further, the Show Cause Order noted that,
lacking a medical license, the Respondent was no longer authorized to
handle controlled substances in the State of California. The order also
notified the Respondent that, should no request for a hearing be filed
within 30 days, the hearing right would be deemed waived.
The DEA mailed the show cause order to the Respondent at two
locations of record with the DEA in La Jolla, California, and also
mailed a copy to an attorney known by DEA to have represented the
Respondent in a criminal matter. Subsequently, the DEA received three
signed receipts from the United States Postal Service, showing that the
orders had been delivered. The attorney also wrote a letter, stating
that she did not represent the Respondent in this matter, but that she
would forward the show cause order to the Respondent at the Federal
Correctional Institution at Fort Dix, New Jersey. However, no request
for a hearing or any other substantive reply was received by the DEA
from the Respondent or anyone purporting to represent him in this
matter.
Therefore, the Deputy Administrator, finding that (1) thirty days
have passed since the issuance of the Order to Show Cause, and (2) no
request for a hearing was received, concludes that the Respondent is
deemed to have waived his hearing right. After considering relevant
material from the investigative file in this matter, the Deputy
Administrator now enters his final order without a hearing pursuant to
21 CFR 1301.54(e) and 1301.57.
The Deputy Administrator finds that, on May 18, 1994, the Medical
Board revoked the Respondent's license to practice medicine in the
State of California, effective June 24, 1994. From
[[Page 36396]]
this fact, the Deputy Administrator infers that, since the Respondent
is not authorized to practice medicine in California, he also lacks
authorization 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);
Myong S. Yi, M.D., 54 FR 30,618 (1989); Bobby Watts, M.D., 53 FR 11,919
(1988). Here, it is clear that the Respondent is neither currently
authorized to practice medicine nor to dispense controlled substances
in the State of California. Therefore, the Respondent currently is not
entitled to a DEA registration.
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 C.F.R. 0.100(b) and 0.104, hereby orders that DEA
Certificate of Registration, AR9688194 previously issued to Jeffrey
Rutgard, 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
August 9, 1996.
Dated: July 3, 1996.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 96-17476 Filed 7-9-96; 8:45 am]
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