[Federal Register Volume 64, Number 193 (Wednesday, October 6, 1999)]
[Notices]
[Pages 54356-54357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25902]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration
[Docket No. 96-32]


Pettigrew Rexall Drugs Reinstatement of Registration

    On February 16, 1999, the Deputy Administrator of the Drug 
Enforcement Administration (DEA) issued a final order revoking DEA 
Certificate of Registration AP0406911 issued to Pettigrew Rexall Drugs 
(Respondent), effective March 25, 1999. See 64 FR 8855 (February 23, 
1999). The Deputy Administrator further ordered that the revocation be 
stayed for six months from the effective date of the order ``during 
which time Respondent must present evidence to the Deputy Administrator 
of Mr. Pettigrew's completion of a training course regarding the proper 
handling of controlled substances and must submit to random unannounced 
inspections by DEA personnel without requiring an administrative 
inspection warrant.'' Id.
    The Deputy Administrator noted that should Respondent not comply 
with these conditions or if it is determined that further violations 
have occurred, an order would be issued lifting the stay and 
Respondent's DEA Certificate of Registration would be revoked. The 
Deputy Administrator further noted that should Respondent submit the 
required information in a timely manner and it is determined that no 
violations have occurred, a subsequent order would be issued 
reinstating Respondent's DEA Certificate of Registration and renewing 
it without limitations.
    By letter dated June 4, 1999, Respondent's counsel forwarded a copy 
of a document entitled, ``Certification of Continuing Pharmaceutical 
Education Participation'' from the University of Tennessee College of 
Pharmacy dated May 28, 1999. The document seemed to indicate that 
Jimmie Max Pettigrew completed the course entitled Tennessee Pharmacy 
and Drug Law. In addition, the document had handwritten notations of 
grades allegedly received for the eight assignments of the course. In 
the letter forwarding this document, Respondent's counsel stated that 
``[w]e are submitting this certification of continuing pharmaceutical 
education participation copy as evidence of Mr. Pettigrew's compliance 
with your order of February 16, 1999.''
    By letter dated June 8, 1999, the Deputy Administrator's office 
notified Respondent's counsel that based upon the information provided, 
the Deputy Administrator was unable to determine whether Mr. Pettigrew 
has successfully completed a course regarding the proper handling of 
controlled substances. The certification was not signed and there was 
no indication who wrote the grades listed on the certification.
    Thereafter on July 20, 1999, Respondent's counsel forwarded 
affidavits from the Assistant Dean for Continuing Education and Public 
Service for the University of Tennessee College of Pharmacy and from 
Jimmie Max Pettigrew, Respondent's owner and pharmacist, which indicate 
that Mr. Pettigrew has successfully completed a course in the proper 
handling of controlled substances.
    No evidence has been presented to the Deputy Administrator that any 
inspections by DEA have revealed any further violations relating to the 
handling of controlled substances.
    The Deputy Administrator concludes that Respondent has met the 
conditions set forth in the February 16, 1999 final order, and as a 
result, DEA Certificate of Registration AP0406911 shall be reinstated 
and renewed. Respondent is reminded that it is required to indicate 
that there has been action taken against its DEA Certificate of 
Registration in response to the liability question on any future 
applications.

[[Page 54357]]

    Accordingly, the Deputy Administrator of the Drug Enforcement 
Administration, pursuant to the authority vested in him by 21 U.S.C. 
923 and 924 and 28 CFR 0.100(b) and 0.104, hereby orders that DEA 
Certificate of Registration AP0406911, issued to Pettigrew Rexall 
Drugs, be, and it hereby is, reinstated and renewed. This order is 
effective immediately.

    Dated: September 24, 1999.
Donnie R. Marshall,
Deputy Administrator.
[FR Doc. 99-25902 Filed 10-5-99; 8:45 am]
BILLING CODE 4410-09-M