[Federal Register Volume 62, Number 115 (Monday, June 16, 1997)]
[Notices]
[Page 32658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15640]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Craig K. Alhanati, D.D.S. Revocation of Registration

    On June 25, 1996, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Craig K. Alhanati, D.D.S., of California, 
notifying him of an opportunity to show cause as to why DEA should not 
revoke his DEA Certificate of Registration, AA2387721, under 21 U.S.C. 
824(a)(3), and deny any pending applications for registration 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.
    The Order to Show Cause was not served on Dr. Alhanati until 
sometime in December 1996. By letter dated December 21, 1996, Dr. 
Alhanati responded to the Order to Show Cause. In his response, Dr. 
Alhanati did not request a hearing, but instead set forth his position 
on the issues raised by the Order to Show Cause. Therefore, the Acting 
Deputy Administrator, finding that Dr. Alhanati has waived his right to 
a hearing, hereby enters his final order without a hearing and based 
upon the investigative file and Dr. Alhanati's letter dated December 
21, 1996, pursuant to 21 CFR 1301.43 (c) and (e) and 1301.46.
    The Acting Deputy Administrator finds that by a decision dated 
April 17, 1994, the Board of Dental Examiners for the State of 
California revoked Dr. Alhanati's license to practice medicine based 
upon a finding that he committed a lewd act upon a child. The Acting 
Deputy Administrator finds that in light of the fact that Dr. Alhanati 
is not currently licensed to practice dentistry 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 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 it is clear that Dr. Alhanati is not currently authorized to 
handle controlled substances in the State of California. Therefore, Dr. 
Alhanati is not entitled to a DEA registration in that state.
    In his letter dated December 21, 1996, Dr. Alhanati admitted that 
he was not currently authorized to practice dentistry in California, 
but stated that he was licensed ``in the state of Illinois, among other 
states.'' He further contended that ``to revoke my DEA Certificate of 
Registration might forever preclude me from prescribing analgesics 
requisite following treatment of my patients following surgery.'' Dr. 
Alhanati argued that his state license was erroneously revoked because 
he ``was non-culpable of the allegation,'' and that the reason that it 
was revoked was non-drug related. Finally, Dr. Alhanati indicated that 
he was seeking relicensure with the State of California.
    The Acting Deputy Administrator concludes that the fact that Dr. 
Alhanati is licensed to practice dentistry in states other than 
California is irrelevant since he is not authorized to practice in the 
state where he is registered with DEA and he has not sought to modify 
his current registration to another state. The Acting Deputy 
Administrator notes that revocation of Dr. Alhanati's DEA Certificate 
of Registration will not forever preclude him from prescribing 
controlled substances. Dr. Alhanati is certainly free to apply for a 
new DEA registration in a state where he is authorized to practice 
dentistry and handle controlled substances or to reapply for a DEA 
registration in California, if he is relicensed in that state. The fact 
that Dr. Alhanati is seeking relicensure in California is not 
persuasive. There is no evidence in the record that he has been granted 
a new license to practice dentistry in California, and therefore the 
Acting Deputy Administrator concludes that Dr. Alhanati is not 
currently authorized to practice or handle controlled substances in 
that state, Finally, Dr. Alhanati's arguments that his state revocation 
was erroneous and not drug-related are immaterial. No matter what the 
basis was for the state action, the fact remains that he is not 
currently authorized to practice and handle controlled substances in 
California.
    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 AA2387721, previously issued to Craig 
K. Alhanati, D.D.S., be, and it hereby is, revoked. The Acting Deputy 
Administrator further orders that any pending applications for the 
renewal of such registration, be, and they hereby are, denied. This 
order is effective July 16, 1997.

    Dated: June 9, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-15640 Filed 6-13-97; 8:45 am]
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