[Federal Register Volume 62, Number 119 (Friday, June 20, 1997)]
[Notices]
[Page 33680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16133]



[[Page 33680]]

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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Suzanne Kirkwood King, M.D. Denial of Application

    On February 25, 1997, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Suzanne Kirkwood King, M.D., of California, 
notifying her of an opportunity to show cause as to why DEA should not 
deny her application for registration as a practitioner under 21 U.S.C. 
823(f), for reason that she is not currently authorized to handle 
controlled substances in the State of California. The order also 
notified Dr. King that should no request for a hearing be filed within 
30 days, her hearing right would be deemed waived.
    The DEA received a signed receipt indicating that the order was 
received on March 7, 1997. No request for a hearing or any other reply 
was received by the DEA from Dr. King or anyone purporting to represent 
her 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. King is deemed to have waived her 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 1301.43 (d) and (e) and 1301.46.
    The Acting Deputy Administrator finds that a Decision dated April 
11, 1996, the Medical Board of California revoked Dr. King's license to 
practice medicine based upon the suspension of her Massachusetts 
medical license, her mental illness and inappropriate behavior, her 
sexual contact with former patients, her failure to truthfully answer a 
question on an application for licensure in Massachusetts, and her 
improper prescribing of controlled substances. The Acting Deputy 
Administrator finds that in light of the fact that Dr. King is not 
currently licensed to practice medicine in the State of California, it 
is reasonable to infer that she 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 she conducts her business. 21 U.S.C. 802(21), and 
823(f). 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. King is not currently authorized to 
handle controlled substances in the State of California. Therefore, Dr. 
King 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 
the application for registration dated March 5, 1995, submitted by 
Suzanne Kirkwood King, M.D., be, and it hereby is, denied. This order 
is effective July 21, 1997.

    Dated: June 12, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-16133 Filed 6-19-97; 8:45 am]
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