[Federal Register Volume 63, Number 46 (Tuesday, March 10, 1998)]
[Notices]
[Pages 11693-11694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6102]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Gerald W. Anderson, D.D.S.; Revocation of Registration

    On July 31, 1997, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Gerald Anderson, M.D.,\1\ of Bend, Oregon, 
notifying him of an opportunity to show cause as to why DEA should not 
revoke his DEA

[[Page 11694]]

Certificate of Registration AA9568215, under 21 U.S.C. 824(a)(3), and 
deny any pending applications of 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 Oregon. The 
order also notified Dr. Anderson that should no request for a hearing 
be filed within 30 days of receipt, his hearing right would be deemed 
waived.
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    \1\ While the Order to Show Cause was issued to Gerald Anderson, 
M.D., the DEA Certificate of Registration at issue was issued to 
Gerald W. Anderson, D.D.S.
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    The DEA received a signed receipt indicating that the order was 
received on August 18, 1997. No request for a hearing or any other 
reply was received by the DEA from Dr. Anderson or anyone purporting to 
represent him in this matter. Therefore, the Acting Deputy 
Administrator, finding that (1) 30 days have past since the receipt of 
the Order to Show Cause, and (2) no request for a hearing having been 
received, concludes that Dr. Anderson is deemed to have waived his 
hearing right. After considering 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 on May 20, 1994, the 
Oregon Board of Dentistry entered into a Consent Order with Dr. 
Anderson, whereby Dr. Anderson agreed to resign his license to practice 
dentistry in Oregon and to permanently prohibited from ever applying 
for license in that state. As a result, the Acting Deputy Administrator 
finds that Dr. Anderson is not currently authorized to practice 
dentistry in the State of Oregon. The Acting Deputy Administrator 
further finds it reasonable to infer that Dr. Anderson is also not 
authorized to handle controlled substances in the State of Oregon, 
where he is currently registered with DEA to handle controlled 
substances.
    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 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. Anderson is not currently authorized to 
practice dentistry or handle controlled substances in the State of 
Oregon. Therefore, Dr. Anderson is not entitled to 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 28 CFR 0.100(b) and 0.104, hereby orders that DEA 
Certificate of Registration AA9568215, previously issued to Gerald W. 
Anderson, 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 April 9, 1998.

    Dated: March 3, 1998.
Donnie R. Marshall,
Acting Deputy Administrator.
[FR Doc. 98-6102 Filed 3-9-98; 8:45 am]
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