[Federal Register Volume 64, Number 151 (Friday, August 6, 1999)]
[Notices]
[Page 42991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20240]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Richard M. Wodka, M.D., Revocation of Registration

    On February 26, 1999, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA) issued an 
Order to Show Cause to Richard M. Wodka, M.D., of Arizona, notifying 
him of an opportunity to show cause as to why DEA should not revoke his 
DEA Certificate of Registration, BW3512173 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 
Arizona. The order also notified Dr. Wodka 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 by registered mail to Dr. Wodka's 
DEA registered address in Tucson, Arizona, but was returned to DEA with 
a notation that Dr. Wodka had moved without leaving a forwarding 
address. A copy of the Order to Show Cause was also sent by regular 
mail to Dr. Wodka at his last known address in Marana, Arizona. This 
copy has not been returned and therefore is considered to have been 
delivered.
    No request for a hearing or any other reply was received by the DEA 
from Dr. Wodka or anyone purporting to represent him in this matter. It 
is evident that Dr. Wodka is no longer practicing medicine at the 
address listed on his DEA Certificate of Registration. Dr. Wodka 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 Dr. Wodka currently possesses 
DEA Certificate of Registration BW3512173, issued to him in Arizona. On 
July 17, 1996, the Arizona Board of Medical Examiners (Board) placed 
Dr. Wodka's license to practice medicine in inactive status and totally 
revoked his prescribing privileges.
    The Deputy Administrator concludes that Dr. Wodka is not currently 
licensed to practice medicine in the State of Arizona, and is not 
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. See 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. Wodka is not currently authorized to 
handle controlled substances in the State of Arizona. As a result, he 
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 BW3512173, previously issued to Richard M. 
Wodka, 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 
September 7, 1999.

    Dated: July 27, 1999.
Donnie R. Marshall,
Deputy Administrator.
[FR Doc. 99-20240 Filed 8-5-99; 8:45 am]
BILLING CODE 4410-09-M