[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] ----------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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] BILLING CODE 4410-09-M