[Federal Register Volume 59, Number 189 (Friday, September 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24164]


[[Page Unknown]]

[Federal Register: September 30, 1994]


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DEPARTMENT OF JUSTICE
[Docket No. 94-17]

 

Jovencio Raneses, M.D.; Revocation of Registration

    On August 12, 1993, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Jovencio Raneses, M.D. The Order to Show Cause 
sought to revoke Dr. Raneses' (Respondent) DEA Certificate of 
Registration, AR2526171, and deny any pending applications for 
registration as a practitioner. The Order to Show Cause alleged that 
revocation of Respondent's DEA Certificate of Registration was proper 
pursuant to 21 U.S.C. 824(a) (1), (2), and (4).
    In particular, the Order to Show Cause alleged that Respondent's 
continued registration was inconsistent with the public interest in 
light of his prescribing of controlled substances to individuals in the 
absence of a legitimate medical purpose, his felony conviction for 
issuance of a controlled substance prescription in violation of 
California law, and his material falsification of a new application for 
registration with the DEA. On that application, Respondent failed to 
acknowledge that he had been convicted of a crime in connection with 
controlled substances.
    On December 13, 1993, Respondent requested a hearing on the issues 
raised in the Order to Show Cause. The matter was placed on the docket 
of Administrative Law Judge Paul A. Tenney. Following prehearing 
procedures, a hearing was scheduled for June 9, 1994. On June 3, 1994, 
Government counsel filed a motion for summary disposition alleging that 
Respondent was without state authority to handle controlled substances.
    In support of its motion, Government counsel produced a copy of the 
decision of the Division of Medical Quality, Medical Board of 
California (Board) dated November 16, 1993. Paragraph two of the 
decision provides that Respondent shall surrender his DEA Certificate 
of Registration and not reapply for a new DEA permit ``without prior 
written consent of the [Board].'' Government counsel also attached to 
its motion a statement from a Board Probation Officer who indicated 
that Respondent had not obtained written consent from the Board to 
reapply for his DEA Certificate.
    On June 20, 1994, Respondent filed a letter which was treated by 
the administrative law judge as a cross-motion for summary disposition. 
Respondent's submission, however, failed to address the issue of state 
authorization raised in Government counsel's motion for summary 
disposition. The submission, rather, addressed the merits of the case. 
Government counsel filed a response to Respondent's letter on June 23, 
1994, again urging the administrative law judge to revoke Respondent's 
registration and deny his application based on lack of state 
authorization.
    On June 29, 1994, the administrative law judge granted the 
Government's motion for summary disposition and recommended that 
Respondent's DEA Certificate of Registration be revoked and that 
pending applications be denied. No exceptions were filed and on August 
2, 1994, the administrative law judge transmitted the record to the 
Deputy Administrator. The Deputy Administrator now enters his final 
order in this matter pursuant to 21 CFR 1316.67.
    It is well established that the Drug Enforcement Administration 
cannot register a practitioner who is not duly authorized to handle 
controlled substances in the state in which he does business. See 21 
U.S.C. 823(f). DEA has consistently held that practitioners who lack 
state authorization to handle controlled substances cannot be 
registered with the Drug Enforcement Administration. See Ramon Pla, 
M.D., 51 FR 41168 (1986); George S. Heath, M.D., 51 FR 26610 (1986); 
Dale D. Shahan, D.D.S., 51 FR 23481 (1986).
    Consequently, the Deputy Administrator adopts the administrative 
law judge's opinion and decision recommending that Respondent's 
registration be revoked and his pending applications denied. This 
decision is appropriate in light of Respondent's lack of authorization 
to handle controlled substances in the State of California. The Deputy 
Administrator has determined that due to Respondent's lack of state 
authorization to handle controlled substances, it is not necessary to 
address whether Respondent's continued registration is inconsistent 
with the public interest pursuant to 21 U.S.C. 823(f) and 824(a)(4).
    Accordingly, the Deputy Administrator of the Drug Enforcement 
Administration, pursuant to the authority vested in him by 21 U.S.C. 
823 and 824 and 28 CFR 0.100(b) and 0.104 (59 FR 23637), hereby orders 
that DEA Certificate of Registration, AR2526171, issued to Jovencio 
Raneses, M.D., be, and it hereby is, revoked, and that all pending 
applications for registration be, and they hereby are, denied. This 
order is effective October 31, 1994.

    Dated: September 23, 1994.
Stephen H. Green,
Deputy Administrator.
[FR Doc. 94-24164 Filed 9-29-94; 8:45 am]
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