[Federal Register: January 25, 2005 (Volume 70, Number 15)]
[Notices]
[Page 3563-3564]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ja05-63]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Ray V. Surapaneni, D.O.; Revocation of Registration
On April 29, 2004, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Ray V. Surapaneni, D.O. (Dr. Surapaneni) who was
notified of an opportunity to show cause as to why DEA should not
revoke his DEA Certificate of Registration, BS3724932, pursuant to 21
U.S.C. 824(a)(3). Specifically, the Order to Show Cause alleged that
Dr. Surapaneni's authority to handle controlled substances in the State
of Missouri had been revoked.
The Order to Show Cause notified Dr. Surapaneni that should no
request for a hearing be filed within 30 days, his hearing right would
be deemed waived. Alternatively, he could waive a hearing and submit a
written statement regarding his position on the matters of fact and law
for the Deputy Administrator's consideration, along with the material
within the investigative case file.
The Order to Show Cause was initially sent by certified mail to Dr.
Surapaneni at an address which was not current. On September 2, 2004,
the Order to Show Cause was resent and Dr. Surapaneni received it on
September 6, 2004. In his September 10, 2004, letter to the Hearing
Clerk, DEA Office of Administrative Law Judges, Dr. Surapaneni
affirmatively waived a hearing and asked the Deputy Administrator to
not revoke his registration and to consider the contents of the letter
in deciding the matter.
The Deputy Administrator of DEA, after considering material from
the investigative file and the written statement of Dr. Surapaneni, now
enters her final order without a hearing pursuant to 21 CFR 1301.43(b)
and (e) 1301.46.
The Deputy Administrator finds Dr. Surapaneni is currently
registered with DEA as a practitioner authorized to handle controlled
substances in Schedules II through V under DEA Certificate of
Registration BS3724932, with a registered location of 1515 Union
Avenue, Moberly, Missouri.
According to information in the investigative file, in June 2003,
Dr. Surapaneni entered into a Memorandum of Agreement (MOA) with the
DEA Saint Louis Field Division as a condition of renewing his DEA
registration. Among the MOA's terms was a provision that his DEA
registration would terminate automatically if he were to lose authority
to handle controlled substances in Missouri, his State of registration.
On December 9, 2003, the Missouri Bureau of Narcotics and Dangerous
Drugs (BNDD) notified Dr. Surapaneni that his Missouri Controlled
Substances Registration No. 307766793, had been terminated and he did
not ``currently have the authority to conduct any activities with
controlled substances in the state of Missouri.'' The investigative
file indicates his state controlled substances registration was
terminated because it had been issued for a specific location in Paris,
Missouri and, pursuant to a March 11, 2003, Settlement Agreement
Between Dr. Surapaneni and BNDD, his registration would terminate
immediately if he relocated his professional practice. BNDD
subsequently discovered Dr. Surapaneni had never been employed by or
practiced at the Paris, Missouri location. Efforts by DEA diversion
investigators to obtain his certificate by surrender proved
unsuccessful and show cause proceedings were then initiated.
In his written statement to the Deputy Administrator, Dr.
Surapaneni indicates he was unable to join the Paris, Missouri,
practice because he lacked start-up funds, attributing this financial
plight to a previous office manager having embezzled $150,000 from him.
Dr. Surapaneni also says he is seeking medical employment and intends
to reapply for his Missouri registration once he has found a position.
However, Dr. Surapaneni does not dispute that his State controlled
substances registration was terminated by BNDD or claim any current
authority to handle controlled substances in that State. Therefore, the
Deputy Administrator finds Dr. Surapaneni is currently not authorized
to handle controlled substances in Missouri.
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 Richard J. Clement, M.D., 68 FR 12, 103 (2003); Dominick A. Ricci,
M.D., 58 FR 51,104 (1993); Bobby Watts, M.D., 53 FR 11,919 (1988).
Here, it is clear Dr. Surapaneni's State controlled substance
registration was terminated and there is no information that action was
ever stayed or that his registration has been reinstated. As a result,
Dr. Surapaneni is not licensed to handle controlled substances in
Missouri, 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 her by 21 U.S.C.
823 and 824 and 28 C.F.R. 0.100(b) and 0.104, hereby orders that DEA
Certificate of Registration, BS3724932, issued to Ray V. Surapaneni,
D.O., be, and it hereby is, revoked. The Deputy Administrator further
orders that any
[[Page 3564]]
pending applications for renewal or modification of the aforementioned
registration be, and hereby are, denied. This order is effective
February 24, 2005.
Dated: December 30, 2004.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-1326 Filed 1-24-05; 8:45 am]
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