[Federal Register: November 12, 2002 (Volume 67, Number 218)]
[Notices]
[Page 68687-68688]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12no02-112]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Ramona K. Morris, M.D.; Revocation of Registration
On April 19, 2002, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Ramona K. Morris, M.D. (Dr. Morris) of Kingman,
Kansas, notifying her of an opportunity to show cause as to why DEA
should not revoke her DEA Certificate of Registration, BM6789056 under
21 U.S.C. 824(a)(3), and deny any pending applications for renewal or
modification of that registration. As a basis for revocation, the Order
to Show Cause alleged that Dr. Morris is not currently authorized to
practice medicine or handle controlled substances in Kansas, the state
in which she practices. The order also notified Dr. Morris that should
no request for a hearing be filed within 30 days, her hearing right
would be deemed waived.
The Order to Show Cause was sent by certified mail to Dr. Morris at
her registered location in Kingman, Kansas. DEA received a signed
receipt indicating that the Order to Show Cause was received on Dr.
Morris's behalf on April 29, 2002. DEA has not received a request for
hearing or any other reply from Dr. Morris or anyone purporting to
represent her 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. Morris is deemed to have waived her 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) and 1301.46.
The Deputy Administrator finds that Dr. Morris possessed DEA
Certificate of Registration BM6789056. The Deputy Administrator further
finds that effective July 9, 2002, the Board of Healing Arts of the
State of Kansas revoked Dr. Morris's state license to practice
medicine. Therefore, the Deputy Administrator finds that Dr. Morris is
not currently authorized to practice medicine in the State of Kansas.
As a result, it is reasonable to infer that she is also without
authorization to handle controlled substances in that state.
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 she conducts business. See 21 U.S.C. 802(21),
823(f) and 824(a)(3). This prerequisite has been consistently upheld.
See Muttaiya Darmarajeh, M.D., 66 FR 52936 (2001); Dominick A. Ricci,
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
Here, it is clear that Dr. Morris's medical license has been
suspended and she is not licensed to handle controlled substances in
the State of Kansas, where she is registered with DEA. Therefore, she
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 BM6789056, issued to Ramona K. Morris,
M.D., and it hereby is, revoked. The Deputy Administrator further
orders that any pending applications for renewal or modification of
such registration be, and they hereby are, denied. This order is
effective December 12, 2002.
[[Page 68688]]
Dated: October 28, 2002.
John B. Brown, III,
Deputy Administrator.
[FR Doc. 02-28658 Filed 11-8-02; 8:45 am]
BILLING CODE 4410-09-M