[Federal Register Volume 66, Number 202 (Thursday, October 18, 2001)]
[Notices]
[Page 52935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26187]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Kiran Bhatt, M.D., Revocation of Registration

    On May 21, 2001, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause (OTSC) by certified mail to Kiran Bhatt, M.D., 
notifying her of an opportunity to show cause as why the DEA should not 
revoke her DEA Certificate of Registration, BB2541628, pursuant to 21 
U.S.C. 824(a)(3), and to deny any pending applications for renewal of 
her registration, pursuant to 21 U.S.C. 823(f), on the grounds that Dr. 
Bhatt was not authorized by the State of California to handle 
controlled substances. The order also notified Dr. Bhatt that should 
not request for hearing be filed within 30 days, her right to a hearing 
would be deemed waived.
    The OTSC was sent to Dr. Bhatt at her DEA registered premises to 
Palo Alto, California. A postal delivery receipt was signed May (day 
illegible), 2001, on behalf of Dr. Bhatt, indicating the OTSC was 
received. To date, no response has been received from Dr. Bhatt nor 
anyone purporting to represent her.
    Therefore, the Administrator, finding that (1) 30 days having 
passed since the receipt of the Order to Show Cause, and (2) no request 
for a hearing having been received, concludes that Dr. Bhatt is deemed 
to have waived her right to a hearing. Following a complete review of 
the investigative file in this matter, the Administrator now enters his 
final order without a hearing pursuant to 21 CFR 1301.43(d) and (e), 
and 1301.46 (2001).
    The Administrator finds as follows. Dr. Bhatt currently possesses 
DEA Certificate of Registration BB254168, issued to her in California. 
By Decision and Order dated December 15, 1998, Medical Board of 
California, Division of Medical Quality, Department of Consumer 
Affairs, State of California adopted the Proposed Decision of the 
Administrative Law Judge revoking Dr. Bhatt's physician and Surgeon's 
Certificate. The Proposed Decision found, inter alia, that Dr. Bhatt's 
ability to practice medicine safely is impaired because she is mentally 
ill, and further that Dr. Bhatt refuses to seek or to receive 
psychiatric care. The Proposed Decision further found Dr. Bhatt's 
condition such that without treatment, she poses a substantial risk to 
the safety and welfare of her patients. The investigative file contains 
no evidence that Dr. Bhatt's medical license has been reinstated or 
otherwise renewed.
    Therefore, the Administrator concludes that Dr. Bhatt is not 
currently licensed or authorized to handle controlled substances in 
California.
    The DEA does not have the authority pursuant to 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 or she practices. See 21 U.S.C. 823(f), and 
824(a)(3). This prerequisite has been consistently upheld in prior DEA 
cases. See Graham Travers Schuler, M.D., 65 FR 50,570 (2000); 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).
    In the instant case, the Administrator finds the Government has 
presented evidence demonstrating that Dr. Bhatt is not authorized to 
practice medicine in California, and therefore, the Administrator 
infers that Dr. Bhatt is also not authorized to handle controlled 
substances in California, the State in which she holds her DEA 
Certificate of Registration.
    Accordingly, the 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 the DEA 
Certificate of Registration BB2541628, previously issued to Kiran 
Bhatt, M.D., be, and it hereby is, revoked. The Administrator hereby 
further orders that any pending applications for renewal or 
modification of said registration be, and hereby are, denied. This 
order is effective November 19, 2001.

    Dated: October 10, 2001.
Asa Hutchinson,
Administrator.
[FR Doc. 01-26187 Filed 10-17-01; 8:45 am]
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