[Federal Register Volume 64, Number 92 (Thursday, May 13, 1999)]
[Notices]
[Page 25907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12036]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Joseph M. Burt, M.D.; Revocation of Registration

    On July 29, 1998, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Joseph M. Burt, M.D., of Murrels Inlet, South 
Carolina, notifying him of an opportunity to show cause as to why DEA 
should not revoke his DEA Certificate of Registration BB0955774 
pursuant to 21 U.S.C. 824(a)(3), and deny any pending applications for 
renewal of such 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 South Carolina. The order has notified Dr. Burt that 
should no request for a hearing be filed within 30 days, his hearing 
right would be deemed waived.
    The Order to Show Cause was sent to Dr. Burt by registered mail to 
his DEA registered address, but was returned to DEA unclaimed. Attempts 
by DEA to locate a current address for Dr. Burt were unsuccessful.
    The Deputy Administrator finds that DEA has made numerous attempts 
to locate Dr. Burt and has determined that his whereabouts are unknown. 
It is evident that Dr. Burt is no longer practicing medicine at the 
address listed on his DEA Certificate of Registration. The Deputy 
Administrator concludes that considerable effort has been made to serve 
Dr. Burt with the Order to Show Cause without success. Dr. Burt is 
therefore deemed to have waived his opportunity for a hearing. The 
Deputy Administrator now enters his final order in this matter without 
a hearing and based on the investigative file pursuant to 21 CFR 
1301.43(d) and (e) and 1301.46.
    The Deputy Administrator finds that on June 10, 1997, the State 
Board of Medical Examiners of South Carolina (Board) suspended Dr. 
Burt's license to practice medicine. As a result, on July 2, 1997 the 
South Carolina Department of Health, Bureau of Drug Control terminated 
Dr. Burt's state controlled substance registration. Thereafter, on July 
20, 1998, the Board issued a Final Order revoking Dr. Burt's license to 
practice medicine in South Carolina.
    The Deputy Administrator finds that Dr. Burt is not currently 
authorized to handle controlled substances in South Carolina, the state 
where he is registered with DEA. 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 
had 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. Burt is not currently authorized to 
handle controlled substances in the State of South Carolina. Therefore, 
Dr. Burt is not entitled to a DEA registration in that state.
    Accordingly, the 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 BB0955774, previously issued to Joseph M. 
Burt, M.D., be, and it hereby is, revoked. The Deputy Administrator 
further orders that any pending applications for the renewal of such 
registration, be, and they hereby are, denied. This order is effective 
June 14, 1999.

    Dated: May 6, 1999.
Donnie R. Marshall,
Deputy Administrator.
[FR Doc. 99-12036 Filed 5-12-99; 8:45 am]
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