[Federal Register: April 9, 2003 (Volume 68, Number 68)]
[Notices]
[Page 17406]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap03-86]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
James E. Harris, P.A.; Revocation of Registration
On November 19, 2002, the Deputy Assistant Administrator, office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to James Harris, P.A. (Mr. Harris) of Henderson,
Nevada, notifying him of an opportunity to show cause as to why DEA
should not revoke his DEA Certificate of Registration, MH0604846, as a
physician's assistant under 21 U.S.C. 824(a)(3), and deny any pending
applications for renewal of that registration, pursuant to 21 U.S.C.
823(f) for reason that Mr. Harris is not authorized to handle
controlled substances in the State of Nevada. The order also notified
Mr. Harris 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 certified mail to Mr. Harris at
a residential location in Henderson, Nevada and DEA received a signed
receipt indicating that it was received on December 5, 2002. DEA has
not received a request for hearing or any other reply from Mr. Harris
or anyone purporting to represent him 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 Mr. Harris is deemed
to have waived his hearing right. After considering material from the
investigative file in this matter, the Deputy Administrator new enters
his final order without a hearing pursuant to 21 CFR 1301.43(d) and (e)
and 1301.46.
The Deputy Administrator finds that on March 13, 2002, the Nevada
State Board of Medical Examiners (the Board) issued Findings of Fact,
Conclusions of Law and Order in response to a complaint filed against
the physician assistant license of Mr. Harris. The Board found inter
alia, that Mr. Harris while working as a physician assistant at his
place of work was tested, with a positive result for controlled
substances. The Board also found that Mr. Harris' use of controlled
substances impaired his ability to practice medicine and endangered the
health, safety and welfare of his patients. As a result of its
findings, the Board ordered the revocation of Mr. Harris' physician
assistant license to practice medicine in the State of Nevada.
There is no evidence in this investigative file that the Board's
revocation order has been stayed or lifted, nor is there evidence that
Mr. Harris' physician assistant license to practice medicine in the
State of Nevada has been reinstated. Therefore, the Deputy
Administrator finds that since Mr. Harris is not currently authorized
to practice medicine in Nevada, it is reasonable to infer that he is
not authorized 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. 802(21),
823(f) and 824(a)(3). This prerequisite has been consistently upheld.
See Joseph Thomas Allevi, M.D., 67 FR 35581 (2002); Dominick A. Ricci,
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
Here, it is clear that Mr. Harris is not licensed to handle
controlled substances in Nevada, where he is registered with DEA.
Therefore, he is not entitled to maintain that 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 CFR 0.100(b) and 0.104, hereby orders that DEA
Certificate of Registration, MH0604846, issued to James E. Harris,
P.A., be, and it hereby is, revoked. The Deputy Administrator further
orders that any pending applications for renewal of such registration
be, and they hereby are, denied. This order is effective May 9, 2003.
Dated: March 26, 2003.
John B. Brown III,
Deputy Administrator.
[FR Doc. 03-8589 Filed 4-8-03; 8:45 am]
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