[Federal Register: January 8, 2004 (Volume 69, Number 5)]
[Notices]
[Page 1311]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ja04-38]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Brenda J. Lightfoote-Young, M.D.; Revocation of Registration
On April 11, 2003, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Brenda J. Lightfoote-Young, M.D. (Dr.
Lightfoote-Young) of Eureka and Big Bear Lake, California, notifying
her of an opportunity to show cause as to why DEA should not revoke her
DEA Certificate of Registration, BL0935518 under 21 U.S.C. 824(a) any
deny and pending applications of renewal or modification of that
registration. As a basis for revocation, the Order to Show Cause
alleged that Dr. Lightfoote-Young is not currently authorized to
practice medicine or handle controlled substances in California, her
state of registration and practice. The order also notified Dr.
Lightfoote-Young 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.
Lightfoote-Young at both her registered location at 3144 Broadway,
Suite 4-434, Eureka, California, and to P.O. Box 130249, Big Bear Lake,
California. On April 29, 2003, according to the return receipt, Dr.
Lightfoote-Young received the Order to Show Cause that was mailed to
her Big Bear address. DEA has not received a request for hearing or any
other reply from Dr. Lightfoote-Young or anyone purporting to represent
her in this matter. Therefore, the Acting 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. Lightfoote-Young is deemed to have waived her hearing right.
After considering material from the investigative file in this matter,
the Acting Deputy Administrator now enters her final order without a
hearing pursuant to 21 CFR 1301.43(d) and (e) and 1301.46.
The Acting Deputy Administrator finds that Dr. Lightfoote-Young
possesses DEA Certificate of Registration BL0935518, which expired on
March 31, 2003. The Acting Deputy Administrator further finds that on
July 8, 1999, the Medical Board of California (the Board) filed an
accusation against Dr. Lightfoote-Young alleging that she violated
California Business and Professions Code, section 2239(b), by arriving
at work under the influence of alcohol. On March 31, 2000, Dr.
Lightfoote-Young and her counsel signed a stipulated settlement and
disciplinary order with the Board revoking her medical certificate, but
staying that revocation and placing her on five years probation under
certain terms and conditions. The disciplinary order provided she was
to enroll and participate in the Division of Medical Quality (the
Division) Diversion Program until the Division determined that further
treatment and rehabilitation were no longer necessary. The order
further provided that quitting the program without permission or being
expelled for cause would constitute a violation of Dr. Lightfoote-
Young's probation.
Alleging, inter alia, that during January 2001, Dr. Lightfoote-
Young refused to participate any further in the Diversion Program, the
Board filed a petition to revoke her probation. On September 26, 2002,
a hearing was held before an Administrative Law Judge from the Los
Angeles Office of Administrative Hearings. On November 5, 2002, the
Board approved the Administrative Law Judge's Proposed Decision and
issued its Decision, effective December 5, 2002, revoking Dr.
Lightfoote-Young's license to practice medicine in the State of
California for an indefinite period.
The investigative file contains no evidence that the Board's
Decision has been stayed or that Dr. Lightfoote-Young's medical license
has been reinstated. Therefore, the Acting Deputy Administrator finds
that Dr. Lightfoote-Young is not currently authorized to practice
medicine in the State of California. 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. Lightfoote-Young's medical license has
been revoked and she is not licensed to handle controlled substances in
the State of California, where she is registered with DEA. Therefore,
she is not entitled to a DEA registration in that state.
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 order that
DEA Certificate of Registration BL0935518, issued to Brenda J.
Lightfoote-Young, 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 they hereby are, denied. This
order is effective February 9, 2004.
Dated: December 18, 2003.
Michelle M. Leonhart,
Acting Deputy Administrator.
[FR Doc. 04-340 Filed 1-7-04; 8:45 am]
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