[Federal Register Volume 75, Number 47 (Thursday, March 11, 2010)]
[Notices]
[Pages 11563-11564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5198]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Jovencio L. Raneses, M.D.; Denial of Application
On August 28, 2009, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration, issued an Order to
Show Cause to Jovencio L. Raneses, M.D. (Respondent), of San Diego,
California. The Show Cause Order proposed the revocation of
Respondent's DEA Certificate of Registration, BR5257907, which
authorized him to dispense controlled substances in schedules II
through V as a practitioner, and the denial of any pending applications
to renew or modify his registration, on the ground that Respondent
lacks authority to handle controlled substances in California, the
State in which he is registered. Show Cause Order at 1 (citing 21
U.S.C. 823(f) & 824(a)(3)). The Order further notified Respondent of
his rights to contest the action under 21 CFR 1301.43(a) & (c), and
that if he failed to request a hearing, he would be deemed to have
waived his right to a hearing. Show Cause Order at 2.
As evidenced by the signed return receipt card, on August 31, 2009,
the Government served the Show Cause Order on Respondent by certified
mail to his residence in San Marcos, California. GX B. Since that time,
neither Respondent, nor anyone purporting to represent him, has either
requested a hearing on the allegations or submitted a written statement
in lieu of a hearing. Accordingly, I find that Respondent has waived
both his right to a hearing and his right to submit a written statement
in lieu of a hearing. See 21 CFR 1301.43(d). I therefore enter this
Decision and Final Order without a hearing based on evidence contained
in the record submitted by the Government. I make the following
findings.
Findings
Respondent previously held DEA Certificate Registration, BR5257907,
which authorized him to dispense controlled substances in schedules 2N,
3N, 4 and 5, as a practitioner, at the registered location of 1666
Garnet Avenue, 708, San Diego, California. GX E, at 1. On May
1, 2003, Respondent last renewed this registration; the registration
was assigned an expiration date of April 30, 2006. Id. On September 27,
2006, nearly five months after the registration expired, Respondent
submitted an application to renew this registration. Id. Based on the
above, I find that Respondent has a current application before the
Agency. However, I conclude that because Respondent did not file a
timely application to renew the registration, the registration has not
remained in effect pending the issuance of the Final Order in this
matter. See 5 U.S.C. 558(c) (``When the licensee has made timely and
sufficient application for a renewal or a new license in accordance
with agency rules, a license with reference to an activity of a
continuing nature does not expire until the application has been
finally determined by the agency.'') (emphasis added).
Respondent also previously held Physician's and Surgeon's
Certificate No. C37687, which was issued by the Medical Board of
California. See In re Jovencio L. Raneses, M.D., Default Decision and
Order, at 1 (Med. Bd. of Cal., Jan. 27, 2009). However, the certificate
expired on April 30, 2007, and was not renewed. Id. Moreover, on May
27, 2008, the Executive Director of the Board filed an accusation
against Respondent alleging that he failed to comply with the Board's
order of February 26, 2008 that he submit to psychiatric and physical
examinations no later than 30 days from the date of the order. In re
Jovencio L. Raneses, M.D., Accusation at 4-5. Based on
[[Page 11564]]
Respondent's failure to file a Notice of Defense to the Accusation
within fifteen days as required by California law, the Board found that
Respondent was in default and that the allegations of the accusation
were true. Default Decision and Order, at 3-4. The Board then ordered
that Respondent's Physician's and Surgeon's Certificate be revoked
effective on February 26, 2009. Id. at 5. Moreover, according to the
online records of the Board, Respondent's state license remains
revoked.
Discussion
Under the Controlled Substances Act (CSA), a practitioner must be
currently authorized to handle controlled substances ``under the laws
of the State in which he practices'' in order to obtain and maintain a
DEA registration. See 21 U.S.C. 823(f) (``The Attorney General shall
register practitioners * * * if the applicant is authorized to dispense
* * * controlled substances under the laws of the State in which he
practices.''). See also id. Sec. 802(21) (``[t]he term `practitioner'
means a physician * * * licensed, registered, or otherwise permitted,
by * * * the jurisdiction in which he practices * * * to distribute,
dispense, [or] administer * * * a controlled substance in the course of
professional practice''). As these provisions make plain, possessing
authority under state law to handle controlled substances is an
essential condition for holding a DEA registration.
Because Respondent's California medical license has been revoked,
he is without authority under state law to handle controlled substances
and thus does not meet a fundamental statutory requirement for
obtaining a new registration. See 21 U.S.C. 823(f); see also Richard
Carino, M.D., 72 FR 71955, 71956 (2007). Accordingly, his application
for a new DEA registration must be denied.
Order
Pursuant to the authority vested in me by 21 U.S.C. 823(f), as well
as 28 CFR 0.100(b) & 0.104, I order that the application of Jovencio L.
Raneses, M.D., for a DEA Certificate of Registration, be, and it hereby
is, denied. This Order is effective April 12, 2010.
Dated: March 3, 2010.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 2010-5198 Filed 3-10-10; 8:45 am]
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