[Federal Register: May 18, 2005 (Volume 70, Number 95)]
[Notices]
[Page 28580]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18my05-109]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 05-01]
Katarzyna Rygiel, M.D.; Revocation of Registration
On September 3, 2004, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Katarzyna Rygiel, M.D. (Dr. Rygiel) of San
Diego, California, notifying her of an opportunity to show cause as to
why DEA should not revoke her DEA Certificate of Registration
BK4222179, as a practitioner, pursuant to 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). As the basis for revocation, the Order to Show Cause
alleged that Dr. Rygiel's license to practice medicine in California
had been revoked and accordingly, she was not authorized to handle
controlled substances in California, the state in which she is
registered.
In a letter dated October 6, 2004, through her counsel, Dr. Rygiel
timely requested a hearing in this matter. In that letter she admitted
the California Medical Board had revoked her license but argued that
decision was being reviewed by the Superior Court of California, County
of San Diego.
On October 13, 2004, the government filed a Motion for Summary
Disposition, requesting that Administrative Law Judge Gail A. Randall
(Judge Randall) summarily dismiss the action, arguing that Dr. Rygiel
lacked state authority to handle controlled substances in California.
On October 14, 2004, Judge Randall issued an Order staying proceedings
and affording Dr. Rygiel an opportunity to respond to the Government's
motion. Dr. Rygiel then filed a Motion for Further Stay of Proceedings
and Opposition to Government's Motion for Summary Adjudication and
Alternatively, Motion for Stay of Judgment (Response). In that Response
Dr. Rygiel acknowledged she was currently without state authority to
practice medicine in California but argued the DEA hearing should be
stayed until the San Diego Superior Court had issued an anticipated
decision in her favor.
On November 22, 2004, Judge Randall issued her Order, Opinion and
Recommended Decision of the Administrative Law Judge (Opinion and
Recommended Decision). As part of her recommended ruling, Judge Randall
granted the Government's Motion for Summary Disposition, finding Dr.
Rygiel lacked authorization to handle controlled substances in
California, the jurisdiction in which she is registered. Judge Randall
recommended that Dr. Rygiel's DEA registration be revoked. No
exceptions were filed by either party to the Opinion and Recommended
Decision and on January 11, 2005, the record of these proceedings was
transmitted to the Office of the DEA Deputy Administrator.
The 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 Deputy Administrator adopts, in full, the Opinion and Recommended
Decision of the Administrative Law Judge.
The Deputy Administrator finds that Dr. Rygiel holds DEA
Certificate of Registration, BK4222179. The Deputy Administrator
further finds that on March 16, 2004, the Division of Medical Quality,
Medical Board of California, Department of Consumer Affairs, State of
California (Board) issued a Decision revoking Dr. Rygiel's Physician
and Surgeon's Certificate. In that Decision, the Board adopted a
February 13, 2004, Proposed Decision of a California Administrative Law
Judge which recommended revocation of Dr. Rygiel's medical license on
certain enumerated grounds.
There is no evidence in the record indicating the Board's Decision
has been stayed or set aside by judicial action, rescinded by the Board
or that Dr. Rygiel's license has been reinstated. Therefore, the Deputy
Administrator finds that Dr. Rygiel is currently not licensed to
practice medicine in California and, 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 Gabriel Sagun Orzame, M.D., 69 FR 58959 (2004); Dominick A. Ricci,
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
Here, it is clear that Dr. Rygiel is not currently authorized to
handle controlled substances in California, where she is registered
with DEA. Therefore, she 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 CFR 0.100(b) and 0.104, hereby orders that DEA
Certificate of Registration, BK4222179, issued to Katarzyna Rygiel,
M.D., be, and it hereby is, revoked. The Deputy Administrator further
orders that any pending applications for renewal or modification of
such registration be, and they hereby are, denied. This order is
effective June 17, 2005.
Dated: May 9, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-9837 Filed 5-17-05; 8:45 am]
BILLING CODE 4410-09-M