[Federal Register Volume 62, Number 65 (Friday, April 4, 1997)]
[Notices]
[Pages 16193-16194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8561]


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DEPARTMENT OF JUSTICE

Romeo J. Perez, M.D.; Revocation of Registration

    On July 31, 1996, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA) issued an 
Order to Show Cause to Romeo J. Perez, M.D., of St. Louis, Missouri, 
notifying him of an opportunity to show cause as to why DEA should not 
revoke his DEA Certificate of Registration AP1596014, and deny any 
pending applications for renewal of such registration as a practitioner 
pursuant to 21 U.S.C. 823(f) and 824(a)(3), for reason that he is not 
currently authorized to handle controlled substances in the State of 
Missouri. The order also notified Dr. Perez that should no request for 
a hearing be filed within 30 days, his hearing right would be deemed 
waived.
    The DEA received a signed receipt indicating that the order was 
received on August 2, 1996. No request for a hearing or any other reply 
was received by the DEA from Dr. Perez or anyone purporting to 
represent him in this matter. Therefore, the Acting Deputy 
Administrator, finding that: (1) Thirty days have passed since the 
receipt of the Order to Show Cause, and (2) no request for a hearing 
having been received, concludes that Dr. Perez is deemed to have waived 
his hearing right. After considering the relevant material from the 
investigative file in this matter, the Acting Deputy Administrator now 
enters his final order without a hearing pursuant to 21 CFR 1301.54(e) 
and 1301.57.
    The Acting Deputy Administrator finds that, by order effective 
August 24, 1994, the State Board of Healing Arts, State of Missouri 
(Board) revoked Dr. Perez' license to practice medicine. The Board 
further ordered that Dr. Perez shall not apply for reinstatement of his 
license for at least two years and one day from the effective date. The 
Acting Deputy Administrator finds that there is

[[Page 16194]]

no evidence in the record that Dr. Perez has sought reinstatement of 
his medical license. By letter dated September 6, 1994, the Missouri 
Bureau of Narcotics and Dangerous Drugs informed Dr. Perez that his 
Missouri controlled substances registration terminated when his license 
to practice medicine was revoked, and therefore he is not authorized to 
handle controlled substances in Missouri. The Acting Deputy 
Administrator concludes, based upon the record before him, that Dr. 
Perez is not currently authorized to handle controlled substances in 
Missouri.
    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). 
Here, it is clear that Dr. Perez is neither currently authorized to 
practice medicine nor to dispense controlled substances in the State of 
Missouri. Therefore, Dr. Perez is not currently entitled to a DEA 
registration.
    Accordingly, the Acting 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, hereby orders that 
DEA Certificate of Registration, AP1596014, previously issued to Romeo 
J. Perez, M.D., be, and it hereby is, revoked. The Acting Deputy 
Administrator further orders that any pending applications for renewal 
of such registration be, and they hereby are, denied. This order is 
effective May 5, 1997.

    Dated: March 24, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-8561 Filed 4-3-97; 8:45 am]
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