[Federal Register Volume 62, Number 67 (Tuesday, April 8, 1997)]
[Notices]
[Pages 16872-16873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8946]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Raymond S. Sanders, D.P.M.; Revocation of Registration

    On June 18, 1996, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Raymond S. Sanders, D.P.M., of Sacramento, 
California, notifying him of an opportunity to show cause as to why DEA 
should not revoke his DEA Certificate of Registration, AS8739572, under 
21 U.S.C. 824(a)(3) and 824(a)(4), and deny any pending applications 
for registration as a practitioner pursuant to 21 U.S.C. 823(f), for 
reason that he is not currently authorized to handle controlled 
substances in the State of California and his continued registration 
would be inconsistent with the public interest. The order also notified 
Dr. Sanders 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 by Dr. Sanders on July 1, 1996. No request for a hearing or 
any other reply was received by the DEA from Dr. Sanders or anyone 
purporting to represent him in this matter. Therefore, the Acting 
Deputy Administrator, finding that (1) 30 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. Sanders 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 on April 15, 1996, the 
Office of Administrative Hearings, State of California, issued an 
interim suspension order suspending Dr. Sanders from practicing 
podiatric medicine. Thereafter, on April 29, 1996, the Board of 
Podiatric Medicine for the State of California (Board) filed an 
Accusation charging, in part, that Dr. Sanders engaged in 
unprofessional conduct by prescribing, dispensing or furnishing 
dangerous drugs to himself and his wife without medical indication. The 
Accusation proposed the revocation of Dr. Sanders' podiatric medicine 
license. On June 19, 1996, the Board entered a Default Decision 
revoking Dr. Sanders' podiatric medicine license effective July 19, 
1996. The Acting Deputy Administrator finds that in light of the fact 
that Dr. Sanders is not currently licensed to practice podiatric 
medicine in the State of California, it is reasonable to infer that he 
is not currently authorized 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).
    Here, it is clear that Dr. Sanders is not currently authorized to 
handle controlled substances in the State of California. Therefore, Dr. 
Sanders is not entitled to a DEA registration. Because Dr. Sanders is 
not entitled to a DEA registration due to his lack of state 
authorization to handle controlled substances, the Acting Deputy 
Administrator concludes that it is unnecessary to address whether Dr. 
Sanders' continued registration would be inconsistent with the public 
interest as alleged in the Order to Show Cause.
    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, AS8739572, previously issued to 
Raymond S. Sanders, D.P.M., be, and it hereby is, revoked. The Acting 
Deputy Administrator further orders that any pending applications for 
registration, be, and they hereby are, denied. This order is effective 
May 8, 1997.


[[Page 16873]]


    Dated: April 1, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-8946 Filed 4-7-97; 8:45 am]
BILLING CODE 4410-09-M