[Federal Register: December 2, 2003 (Volume 68, Number 231)]
[Notices]
[Page 67478-67479]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02de03-105]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 03-9]
Keith Perry, M.D. Revocation of Registration
On October 17, 2002, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Keith O'Neil Perry, M.D. (Respondent) notifying
him of an opportunity to show cause as to why DEA should not revoke his
DEA Certificate of Registration, AP3109077 under 21 U.S.C. 824(a)(3)
and (a)(4), and deny any pending applications for registration pursuant
to 21 U.S.C. 823(f). The Order to Show Cause alleged that the
Respondent's DEA Certificate of Registration should be revoked because
the Respondent was without authorization to handle controlled
substances. The Order to Show Cause further sought denial of any
pending applications for registration based on allegations that the
Respondent's continued registration would be inconsistent with the
public interest. Specifically, the Order to Show alleged that effective
April 8, 2002, the California Medical Board (Medical Board) suspended
the Respondent's license to practice medicine. The Order to Show Cause
further alleged that on or about February 29, 2000, the
[[Page 67479]]
Respondent was convicted by jury verdict of the following federal
offenses:
--Sixteen counts of Mail Fraud (21 U.S.C. 1341)
--Two counts of Making False Statements on Medi-Cal Group Provider
Applications (18 U.S.C. 1001)
--Fifteen counts of Wire Fraud (18 U.S.C. 1343 & 2)
--Four counts Bankruptcy Fraud (18 U.S.C. 152(3))
--One count of Tax Evasion
By letter dated November 19, 2002, the Respondent, acting pro se,
requested a hearing in this matter. On December 2, 2002, the presiding
Administrative Law Judge Gail A. Randall (Judge Randall) issued to the
Government as well as the Respondent an Order for Prehearing
Statements.
In lieu of filing a prehearing statement, on December 16, 2002, the
Government filed Government's Request for Stay of Proceedings and
Motion for Summary Judgment. The Government asserted that the
Respondent is without authorization to handle controlled substances in
the State of California, and as a result, further proceedings in the
matter were not required. Attached to the Government's motion was a
copy of a Suspension Order, signed by the Medicaid Board's Chief of
Enforcement, who averred among other things, that effective April 8,
2002, the Medical Board issued an Automatic Suspension Order,
suspending the Respondent's Physician's and Surgeon's Certificate No.
54688. The Medical Board representative further stated that the
Suspension Order remains in effect until further order of the Medical
Board.
On December 19, 2002, Judge Randall issued an Order Staying
Proceedings, and afforded the Respondent until January 8, 2003, to
respond to the Government's Motion. The Respondent did not file a
response. In his request for hearing, the Respondent pointed out that
the suspension of his California medical license is temporary and that
he is currently appealing the decision of the Medical Board. However,
the Respondent did not rebut evidence presented by the Government his
medical license remains suspended.
On February 13, 2003, Judge Randall issued her Opinion and
Recommended Decision on the Administrative Law Judge (Opinion and
Recommended Decision). As part of her recommended ruling, Judge Randall
granted the Government's Motion for Summary Disposition and found that
the Respondent lacked authorization to handle controlled substances in
California, the jurisdiction in which he is registered with DEA. In
granting the Government's motion, Judge Randall further recommended
that the Respondent's DEA registration be revoked and any pending
applications for modification nor renewal be denied. No exceptions were
filed by either party to Judge Randall's Opinion and Recommended
Decision, and on March 18, 2003, the record of these proceedings was
transmitted to the Office of the DEA Deputy Administrator.
The Acting Deputy Administrator has considered the record in its
entirety and pursuant to 21 CFR 1316.67, hereby issues her final order
based upon findings of fact and conclusions of law as hereinafter set
forth. The Acting Deputy Administrator adopts, in full, the Opinion and
Recommended Decision of the Administrative Law Judge.
The Acting Deputy Administrator finds that the Respondent currently
possesses DEA Certificate of Registration AP3109077, and is registered
to handle controlled substances in the State of California. The Acting
Administrator further finds that effective April 8, 2002, the Medical
Board of California issued a Suspension Order, suspending indefinitely
the Respondent's medical license. There is no evidence before the
Acting Deputy Administrator that the Suspension Order has been lifted
or modified. Therefore, the Acting Deputy Administrator finds that the
Respondent is currently not licensed to practice medicine in California
and as a result, it is reasonable to infer that he 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 he conducts business. See 21 U.S.C. 801(21),
823(f) and 824(a)(30. This prerequisite has been consistently upheld.
See Karen Joe Smiley, M.D., 68 FR 48944 (2003); Dominick A. Ricci,
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
Here, it is clear that the Respondent is not currently licensed to
handle controlled substances in California, where he is registered with
DEA. Therefore, he is not entitled to maintain that registration.
Because the Respondent is not entitled to a DEA registration in
California due to his lack of state authorization to handle controlled
substances, the Acting Deputy Administrator concludes that it is
unnecessary to address whether the Respondent's registration should be
revoked based upon the other grounds asserted in the Order to Show
Cause. See Fereida Walker-Graham, M.D., 68 FR 24761 (20030; Nathaniel-
Aikens-Afful, M.D., 62 FR 16871 (1997); Sam F. Moore, D.V.M., 58 FR
14428 (1993).
Accordingly, the Acting Deputy Administrator of the Drug
Enforcement Administration, pursuant to the authority vested in her by
21 U.S.C. 823 and 824 and 28 CFR 0.100(b) and 0.104, hereby orders that
DEA Certificate of Registration, AP3109077, issued to Keith O'Neil
Perry, M.D., be, and it hereby is, revoked. The Acting Deputy
Administrator further orders that any pending applications for renewal
of such registration be, and there hereby are, denied. This order is
effective January 2, 2004.
Dated: November 13, 2003.
Michele M. Leonhart,
Acting Deputy Administrator.
[FR Doc. 03-29965 Filed 12-1-03; 8:45 am]
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