[Federal Register Volume 61, Number 133 (Wednesday, July 10, 1996)]
[Notices]
[Pages 36395-36396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17476]


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DEPARTMENT OF JUSTICE
Drug Enforcement Administration


Jeffrey Rutgard, M.D., Revocation of Registration

    On November 21, 1995, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Jeffrey Rutgard, M.D., (Respondent), of La 
Jolla, California, notifying him of an opportunity to show cause as to 
why DEA should not revoke his DEA Certificate of Registration, 
AR9688194, under 21 U.S.C. 824(a)(3), and deny any pending applications 
for renewal of his registration as a practitioner under 21 U.S.C. 
823(f), for the reason that, effective June 24, 1994, the California 
Medical Board (Medical Board) ordered the revocation of his state 
license to practice medicine. Further, the Show Cause Order noted that, 
lacking a medical license, the Respondent was no longer authorized to 
handle controlled substances in the State of California. The order also 
notified the Respondent that, should no request for a hearing be filed 
within 30 days, the hearing right would be deemed waived.
    The DEA mailed the show cause order to the Respondent at two 
locations of record with the DEA in La Jolla, California, and also 
mailed a copy to an attorney known by DEA to have represented the 
Respondent in a criminal matter. Subsequently, the DEA received three 
signed receipts from the United States Postal Service, showing that the 
orders had been delivered. The attorney also wrote a letter, stating 
that she did not represent the Respondent in this matter, but that she 
would forward the show cause order to the Respondent at the Federal 
Correctional Institution at Fort Dix, New Jersey. However, no request 
for a hearing or any other substantive reply was received by the DEA 
from the Respondent or anyone purporting to represent him in this 
matter.
    Therefore, the Deputy Administrator, finding that (1) thirty days 
have passed since the issuance of the Order to Show Cause, and (2) no 
request for a hearing was received, concludes that the Respondent is 
deemed to have waived his hearing right. After considering relevant 
material from the investigative file in this matter, the Deputy 
Administrator now enters his final order without a hearing pursuant to 
21 CFR 1301.54(e) and 1301.57.
    The Deputy Administrator finds that, on May 18, 1994, the Medical 
Board revoked the Respondent's license to practice medicine in the 
State of California, effective June 24, 1994. From

[[Page 36396]]

this fact, the Deputy Administrator infers that, since the Respondent 
is not authorized to practice medicine in California, he also lacks 
authorization to handle controlled substances in that state.
    The 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 his business. 21 U.S.C. 802(21), 
823(f), and 824(a)(3). This prerequisite has been consistently upheld. 
See Dominick A. Ricci, M.D., 58 FR 51,104 (1993); James H. Nickens, 
M.D., 57 FR 59,847 (1992); Roy E. Hardman, M.D., 57 FR 49,195 (1992); 
Myong S. Yi, M.D., 54 FR 30,618 (1989); Bobby Watts, M.D., 53 FR 11,919 
(1988). Here, it is clear that the Respondent is neither currently 
authorized to practice medicine nor to dispense controlled substances 
in the State of California. Therefore, the Respondent currently is not 
entitled to a DEA registration.
    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 C.F.R. 0.100(b) and 0.104, hereby orders that DEA 
Certificate of Registration, AR9688194 previously issued to Jeffrey 
Rutgard, M.D., be, and it hereby is, revoked. The Deputy Administrator 
further orders that any pending applications for the renewal of such 
registration be, and they hereby are, denied. This order is effective 
August 9, 1996.

    Dated: July 3, 1996.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 96-17476 Filed 7-9-96; 8:45 am]
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