[Federal Register Volume 62, Number 227 (Tuesday, November 25, 1997)]
[Notices]
[Pages 62785-62786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30844]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Edward B. Curry, M.D.; Revocation of Registration

    On June 3, 1997, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Edward B. Curry, M.D., of Syracuse, New York, 
notifying him of an opportunity to show cause as to why DEA should not 
revoke his DEA Certificate of Registration AC2054360, under 21 U.S.C. 
824(a)(3), and deny any pending applications for renewal of such 
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 New York. The order also notified Dr. Curry that should no 
request for a hearing be filed within 30 days of receipt, his hearing 
right would be deemed waived.
    The Order to Show Cause was first sent to Dr. Curry's registered 
address, and was returned to DEA unclaimed. DEA then learned that Dr. 
Curry was residing at an address in Birmingham, Alabama, and the Order 
to Show Cause was sent to him at that address. DEA received a signed 
receipt indicating that the order was received by Dr. Curry on August 
8, 1997. No request for a hearing or any other reply was received by 
DEA from Dr. Curry 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. Curry 
is deemed to have waived his hearing right. After considering 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 effective May 7, 1996, 
the State of New York, Department of Health, State Board for 
Professional Medical Conduct (Board) issued a Determination and Order 
revoking Dr. Curry's license to practice medicine. The Board found that 
Dr. Curry failed to comply with an order of the Committee on 
Professional Conduct that he undergo a psychiatric examination; engaged 
in physical and/or verbal abuse of patients; engaged in conduct 
evidencing moral unfitness; suffered from mental impairment; and 
practiced medicine while impaired.
    The Acting Deputy Administrator finds that in light of the fact 
that Dr. Curry is not currently licensed to practice medicine in the 
State of New York, it is reasonable to infer that he is not currently 
authorized to handle controlled substances in that state. The DEA does 
not have the 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 16193 (1997); Demetris A. Green, M.D., 61 FR 60728 
(1996), Dominick A. Ricci, M.D., 58 FR 51104 (1993).
    Here it is clear that Dr. Curry is not currently authorized to 
handle controlled substances in the State of New York. Therefore, Dr. 
Curry 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 Certificate of Registration AC2054360, previously issued to Edward 
B. Curry, M.D., be,

[[Page 62786]]

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 
December 26, 1997.

    Dated: November 17, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-30844 Filed 11-24-97; 8:45 am]
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