[Federal Register: January 8, 2004 (Volume 69, Number 5)]
[Notices]
[Page 1314]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ja04-40]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Monica Lynn Smedley, D.P.M.; Revocation of Registration
On May 5, 2003, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Monica Lynn Smedley, D.P.M. (Dr. Smedley) of
Nashville, Tennessee and North Braddock, Pennsylvania, notifying her of
an opportunity to show cause as to why DEA should not revoke her DEA
Certificate of Registration, BS4332045 under 21 U.S.C. 824(a) 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. Smedley is not currently authorized to practice
podiatry or handle controlled substances in Tennessee, her state of
registration and practice and that her continued registration would not
be in the public interest. The order also notified Dr. Smedley 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. Smedley
at her registered location at 319 Westfield Drive, Nashville,
Tennessee. An Order was also sent to 551 Lobinger Avenue, North
Braddock, Pennsylvania. According to the return receipts, the Order
sent to the registered location was undeliverable. However, on or
around May 30, 2003, the Order sent to her Pennsylvania address was
accepted on Dr. Smedley's behalf.
DEA has not received a request for hearing or any other reply from
Dr. Smedley 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. Smedley
is deemed to have waived her hearing right. See Samuel S. Jackson,
D.D.S., 67 FR 65145 (2002); David W. Linder, 67 FR 12579 (2002). After
considering material from the investigative file, 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. Smedley possesses
DEA Certificate of Registration BS4332045, which expires on February
29, 2004. The Acting Deputy Administrator further finds that the State
of Tennessee Department of Health filed charges against Dr. Smedley
with the Tennessee Board of Registration of Podiatry (the Board)
alleging, inter alia, that between February 1, 2002 and March 6, 2002,
she prescribed controlled substances, primarily Codeine and Butalbital,
after her podiatry license had expired for failure to renew. It was
further charged that from January 31, 2002 until April 9, 2002, on an
almost daily basis Dr. Smedley wrote prescriptions for and picked up
Tylenol 4, a controlled substance, from various pharmacies in
the Nashville area. These prescriptions were written in her mother's
name. During the same period Dr. Smedley wrote prescriptions for
Tylenol 4 to herself and attempted to pick up the prescribed
controlled substances. The prescriptions were not dispensed, prescribed
or otherwise distributed in the course of Dr. Smedley's professional
practice.
On November 14, 2002, the Board issued an Agreed Order which found
the above allegations true, suspended Dr. Smedley's podiatry license
for a period of six months and placed her on one year's probation,
which would commence upon expiration of the six month suspension. As a
condition for reinstatement of her license, Dr. Smedley was required by
the Agreed Order to undergo a substance abuse evaluation and
demonstrate to the Board that she was in compliance with any of the
evaluation's recommendations.
The investigative file contains no evidence that the Board's Agreed
Order has been stayed or that Dr. Smedley's podiatry license has been
reinstated. Therefore, the Acting Deputy Administrator finds that Dr.
Smedley is not currently authorized to practice podiatry in the State
of Tennessee. 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. Smedley's podiatry license was
suspended, that it has not been reinstated and she is not licensed to
handle controlled substances in the State of Tennessee, 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 orders that
DEA Certificate of Registration BS4332045, issued to Monica Lynn
Smedley, D.P.M., 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.
Michele M. Leonhart,
Acting Deputy Administrator.
[FR Doc. 04-342 Filed 1-7-04; 8:45 am]
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