[Federal Register Volume 62, Number 113 (Thursday, June 12, 1997)]
[Notices]
[Pages 32123-32124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15317]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Chandra M. Katta, M.D.; Revocation of Registration

    On January 29, 1997, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to show Cause to Chandra M. Katta, M.D., of Morgan City, 
Louisiana, notifying him of an opportunity to show cause as to why DEA 
should not revoke his DEA Certificates of Registration, AK3284647 and 
BK2580769, under 21 U.S.C. 824(a)(3), and deny any pending applications 
for renewal of such registrations as a practitioner under 21 U.S.C. 
823(f), for reason that he is not currently authorized to handle 
controlled substances in the State of Louisiana.
    In a letter dated March 4, 1997, Dr. Katta requested an extension 
of time of 30 days to respond to the Order to Show Cause in order to 
enable him to obtain legal counsel. By order dated March 10, 1997, 
Administrative Law Judge Mary Ellen Bittner granted Dr. Katta an 
extension of time to respond until April 10, 1997. Thereafter, on April 
21, 1997, Judge Bittner issued an Order Terminating Proceedings in 
light of Dr. Katta's failure to file a request for a hearing on the 
issues raised by the Order to Show Cause.
    The Acting Deputy Administrator concludes that since Dr. Katta 
failed to file a request for a hearing within the allotted time period, 
he is deemed to have waived his opportunity for a hearing. 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 1301.43 (d) and (e) and 1301.46.
    The Acting Deputy Administrator finds that by a Consent Order dated 
August 24, 1995, the Louisiana State Board of Medical Examiners (Board) 
ordered the suspension of Dr. Katta's license to practice medicine for 
five years, beginning on September 1, 1995, but then stayed the 
suspension six months after the effective date, and placed his license 
on probation beginning on March 1, 1996 until September 1, 2000, 
subject to various conditions. One of the conditions imposed by the 
Board was that ``Dr. Katta may not, at any time following the execution 
of this agreement by the Board and for the remainder of his medical 
career, prescribe, dispense, or administer any legally controlled 
dangerous substance. * * * The Board further ordered however, that 
``[t]his prohibition shall not extend to medications ordered or 
prescriptions written by Dr. Katta for institutional or hospital in-
patients, under the permit or license of said institution or 
hospital.''
    The Acting Deputy Administrator concludes that in light of the 
Board's action, Dr. Katta is not currently authorized by the State of 
Louisiana to independently handle controlled substances. While the 
Board does not prohibit Dr. Katta from handling controlled substances 
in a hospital setting, he may only do so by using the hospital's permit 
or license, and not by using a permit or license issued to him.
    The DEA does not have statutory authority under the Controlled 
Substances Act to issue or maintain a registration if the applicant or 
registrant

[[Page 32124]]

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 Romeo J. 
Perez, M.D., 62 FR 16,193 (1997); Demetris A. Green, M.D., 61 FR 60,728 
(1996); Dominick A. Ricci, M.D., 58 FR 51,104 (1993).
    Here, in light of the Board's Consent Order, it is clear that Dr. 
Katta is not authorized to handle controlled substances on his own in 
the State of Louisiana, and is only authorized to handle controlled 
substances in a hospital setting using the state and DEA registrations 
issued to the hospital. Therefore, Dr. Katta is not entitled to a DEA 
registration in that state.
    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 Certificates of Registration, AK3284647 and BK2580769, previously 
issued to Chandra M. Katta, M.D., be, and they hereby are, revoked. The 
Acting Deputy Administrator further orders that any pending 
applications for the renewal of such registrations, be, and they hereby 
are, denied. This order is effective July 14, 1997.

    Dated: June 5, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-15317 Filed 6-11-97; 8:45 am]
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