[Federal Register Volume 67, Number 97 (Monday, May 20, 2002)]
[Notices]
[Pages 35585-35586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12488]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Corrado Di Martino, M.D.; Revocation of Registration

    On July 6, 2001, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause (OTSC) by certified mail to Corrado Di Martino, 
M.D., notifying him of an opportunity to show cause as to why the DEA 
should not revoke his DEA Certificate of Registration, AD6909951, 
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. Di Martino was not authorized by the Commonwealth of 
Massachusetts to handle controlled substances. The order also notified 
Dr. Di Martino that should no request for hearing be filed within 30 
days, his right to a hearing would be deemed waived.
    The OTSC was sent to Dr. Di Martino at his DEA registered premises 
in Southbridge, Massachusetts. A postal delivery receipt was signed 
July 26, 2001, by Dr. Di Martino, indicating the OTSC was received. To 
date, no response has been received from Dr. Di Martino nor anyone 
purporting to represent him.

[[Page 35586]]

    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. Di 
Martino is deemed to have waived his 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. Di Martino currently 
possesses DEA Certifying of Registration AD6909951, issued to him in 
Massachusetts. By Order of the Commonwealth of Massachusetts Board of 
Registration in Medicine (Board), dated October 11, 2000, Dr. Di 
Martino's medical license was summarily suspended, upon the finding 
that ``based upon the information set forth in the Motion for Summary 
Suspension* * * the health, safety, and welfare of the public 
necessitates said suspension.'' The investigative file contains no 
evidence that the Summary Suspension of Dr. Di Martino's medical 
license has been lifted.
    Therefore, the Deputy Administrator concludes that Dr. Di Martino 
is not currently licensed or authorized to handle controlled substances 
in Massachusetts.
    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. Di Martino is not 
authorized to practice medicine in Massachusetts, and therefore, the 
Deputy Administrator infers that Dr. Di Martino is also not authorized 
to handle controlled substances in Massachusetts, the state in which he 
holds his 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 AD6909951, previously issued to Corrado Di 
Martino, 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. 02-12488 Filed 5-17-02; 8:45 am]
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