[Federal Register Volume 67, Number 97 (Monday, May 20, 2002)]
[Notices]
[Pages 35589-35590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12482]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Allison E. Purtell, M.D., Revocation of Registration

    On June 14, 2001, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause (OTSC) by certified mail to Allison E. Purtell, 
M.D., notifying her of an opportunity to show cause as to why the DEA 
should not revoke her DEA Certificate of Registration, AP1775064, 
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), on the 
grounds that Dr. Purtell was not authorized by the State of California 
to handle controlled substances. The order also notified Dr. Purtell 
that should no request for hearing be filed within 30 days, her right 
to a hearing would be deemed waived.
    The OTSC was sent to Dr. Purtell at her DEA registered premises in 
Laguna Niguel, California. A postal delivery receipt was signed July 6, 
2001, by Dr. Purtell, indicating the OTSC was received. To date, no 
response has been received from Dr. Purtell nor anyone purporting to 
represent her.
    Therefore, the Deputy 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. Purtell 
is deemed to have waived her right to a hearing. Following a complete 
review of the investigative file in this matter, the Deputy 
Administrator now enters his final order without a hearing pursuant to 
21 CFR 1301.43(d) and (e), and 1301.46.
    The Deputy Administrator finds as follows. Dr. Purtell currently 
possesses DEA Certificate of Registration AP1775064, issued to her in 
California. By Decision of the Division of Medical Quality, California 
Medical Board (Board), dated March 3, 2000 and effective April 3, 2000, 
the Board adopted an opinion of an Administrative Law Judge revoking 
Dr. Purtell's Physician and Surgeon's Certificate, finding inter alia, 
negligence, incompetence, and that ``Dr. Purtell engaged in 
unprofessional conduct based on repeated acts of

[[Page 35590]]

clearly excessive prescribing drugs as determined by the standard of 
the community of physician and surgeons.'' The investigative file 
contains no evidence that Dr. Purtell's medical license has been 
reinstated.
    Therefore, the Deputy Administrator concludes that Dr. Purtell is 
not currently licensed or authorized to handle controlled substances in 
California.
    The DEA does not have the statutory authority pursuant to the 
Controlled Substances Act to issue or to 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 Deputy Administrator finds the Government 
has presented evidence demonstrating that Dr. Purtell is not authorized 
to practice medicine in California, and therefore, the Deputy 
Administrator infers that Dr. Purtell is also not authorized to handle 
controlled substances in California, the state in which she holds her 
DEA Certificate of Registration.
    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 the DEA 
Certificate of Registration AP1775064, previously issued to Allison E. 
Purtell, M.D., be, and it hereby is, revoked. The Deputy Administrator 
hereby further orders that any pending applications for renewal or 
modification of said registration be, and hereby are, denied. This 
order is effective June 19, 2002.

    Dated: May 6, 2002.
John B. Brown III,
Deputy Administrator.
[FR Doc. 02-12482 Filed 5-17-02; 8:45 am]
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