[Federal Register: February 5, 2004 (Volume 69, Number 24)]
[Notices]
[Page 5583]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe04-134]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 03-14]
Prescriptionline.com Revocation of Registration
On December 18, 2002, the Deputy Administrator of the Drug
Enforcement Administration (DEA) issued an Order to Show Cause and
Immediate Suspension of Registration to Prescriptiononline.com
(Respondent) of Las Vegas, Nevada. Relying on 21 U.S.C. 823(f) and
824(a)(3), (a)(4) and (d), the Order proposed revoking Respondent's
retail pharmacy Certificate of Registration, BP6558069, and denying any
pending applications for renewal or modification of such registration.
It further notified Respondent that its registration was suspended
immediately, that the suspension would remain in effect until a final
determination in this proceeding and that DEA agents were authorized to
and directed to place under seal and remove all controlled substances
possessed by Respondent and take into their possession, Respondent's
certificate of registration.
As grounds for revocation, the Order to Show Cause alleged, among
other things, that between March 12 and September 26, 2002, Respondent
provided 1,599,828 dosage units of controlled substances via the
Internet pursuant to prescriptions issued by physicians who had not
established physician-patient relationships with the persons to whom
the prescriptions were issued.
On January 22, 2003, Respondent, through counsel, timely requested
a hearing in this matter and on January 24, 2003, the Presiding
Administrative Law Judge Mary Ellen Bittner (Judge Bittner) issued the
Government, as well as Respondent, an Order for Prehearing Statements.
On February 12, 2003, in lieu of filing a prehearing statement, the
Government filed Government's Motion for Summary Judgment and to Extend
the Time to File Prehearing Statements if Necessary. The Government
argued Respondent had entered into a stipulation and agreement with the
Nevada State Board of Pharmacy (Nevada Board) in which, among other
things, Respondent agreed to revocation of its Nevada pharmacy license,
that on January 27, 2003, the Nevada Board ratified the stipulation and
agreement and that as a result, Respondent is no longer authorized to
dispense or otherwise handle controlled substances in the State of
Nevada, the jurisdiction in which it is registered, a prerequisite for
DEA registration. Attached to the Government's motion was a copy of the
stipulation and agreement and the Nevada Board's order ratifying it.
On February 14, 2003, Judge Bittner issued a Memorandum to Counsel
and Order staying the filing of prehearing statements and providing
Respondent until February 28, 2003, to respond to the Government's
motion. Respondent did not file any response.
On March 19, 2003, Judge Bittner issued her Opinion and Recommended
Decision of the Administrative Law Judge (Opinion and Recommended
Decision). As part of her recommended ruling, Judge Bittner granted the
Government's Motion for Summary Disposition and found that Respondent
lacked authorization to handle controlled substances in Nevada, the
jurisdiction in which it was registered. Judge Bittner also recommended
that the Respondent's DEA certificate of registration be revoked and
that any pending applications for renewal or modification be denied. No
exceptions were filed by either party to Judge Bittner's Opinion and
Recommended Decision and on April 22, 2003, the record of these
proceedings was transmitted to the Office of the then-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 Respondent, registered
to do business in the State of Nevada, was issued DEA Certificate of
Registration BP6558069 as a retail pharmacy. The Acting Deputy
Administrator further finds that on January 22, 2003, Respondent
voluntarily entered into a ``Stipulation and Agreement between Board
Staff and Prescriptionline.com'' in which Respondent agreed to
revocation of its State of Nevada pharmacy license. On January 27,
2003, the Nevada Board issued an Order ratifying the stipulation and
agreement. Respondent has not denied that it currently is not licensed
to practice pharmacy in Nevada, its jurisdiction of registration.
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 dispense or handle controlled
substances in the State in which it conducts business. See 21 U.S.C.
802(21), 823(f) and 824(a)(3). This prerequisite has been consistently
upheld. See Karen Joe Smily, M.D., 68 FR 48944 (2003); Dominick A.
Ricci, M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988);
Wingfield Drugs, Inc., 52 FR 27070 (1987).
Here, it is clear that Respondent is not currently licensed to
handle controlled substances in Nevada, the jurisdiction in which it
maintains a DEA registration. Therefore, it is not currently entitled
to a DEA registation.
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
the DEA Certificate of Registration issued to Prescriptionline.com be,
and it hereby is, revoked. The Acting Deputy Administrator further
orders that any pending applications for renewal of such registration
be, and they hereby are, denied. This order is effecting March 8, 2004.
Dated: January 7, 2004.
Michele M. Leonhart,
Acting Deputy Administrator.
[FR Doc. 04-2342 Filed 2-4-04; 8:45 am]
BILLING CODE 4410-09-M