[Federal Register Volume 67, Number 205 (Wednesday, October 23, 2002)]
[Notices]
[Pages 65144-65145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26966]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Steven Tyler Everett, M.D.; Revocation of Registration

    On May 28, 2002, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Steven Tyler Everett, M.D. (Dr. Everett) of Port 
St. Lucie, Florida, notifying him of an opportunity to show cause as to 
why DEA should not revoke his DEA Certificate of Registration, 
BE4443064 under 21 U.S.C. 824(a), and deny any pending applications for 
renewal or modification of that registration. As a basis for 
revocation, the Order to Show Cause alleged that Dr. Everett is not 
currently authorized to practice medicine or handle controlled 
substances in Florida, the State in which he practices. The order also 
notified Dr. Everett 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 certified mail to Dr. Everett 
at his registered location in Port St. Lucie, Florida. On June 17, 
2002, DEA received an undated signed receipt indicating that the Order 
to Show Cause was received on his behalf. DEA has not received a 
request for hearing or any other reply from Dr. Everett or anyone 
purporting to represent him in this matter. Therefore, the Deputy 
Administrator, finding that (1) 30 days have passed since the receipt 
of the Order to Show Cause, and (2) no request for a hearing having 
been received, concludes that Dr. Everett is deemed to have waived his 
hearing right. After considering material from 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 that Dr. Everett currently possesses 
DEA Certificate of Registration BE4443064

[[Page 65145]]

and that registration remains valid until August 31, 2004. The Deputy 
Administrator further finds that on July 10, 2001, the State of 
Florida, Department of Health (Department of Health) filed a three-
count Administrative Complaint against Dr. Everett seeking the 
revocation of his medical license. As a basis for revocation, the 
Department of Health alleged, inter alia, that Dr. Everett engaged in a 
sexual relationship with a patient and that he committed fraud in the 
practice of medicine by writing a prescription for injectable Demerol 
(a Schedule II controlled substance) in the name of one patient while 
knowing the drug was intended for and would be used by another.
    On October 23, 2001, the Department of Health issued a Final Order, 
revoking Dr. Everett's license to practice medicine. The investigative 
file contains no evidence that the Final Order has been stayed or that 
Dr. Everett's medical license has been reinstated. Therefore, the 
Deputy Administrator finds that Dr. Everett is not currently authorized 
to practice medicine in the State of Florida. As a result, it is 
reasonable to infer that he is also without authorization to handle 
controlled substances in that State.
    DEA does not have 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 business. See 21 U.S.C. 802(21), 
823(f) and 824(a)(3). This prerequisite has been consistently upheld. 
See Muttaiya Darmarajeh, M.D., 66 FR 52936 (2001); Dominick A. Ricci, 
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
    Here, it is clear that Dr. Everett's medical license has been 
revoked and he is not licensed to handle controlled substances in the 
State of Florida, where he is registered with DEA. Therefore, 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 828 CFR 0.100(b) and 0.104, hereby orders that DEA 
Certificate of Registration BE4443064, issued to Steven Tyler Everett, 
MD., be, and it hereby is revoked. The Deputy Administrator further 
orders that any pending applications for renewal of such registration 
be, and they hereby are denied. This order is effective November 22, 
2002.

    Dated: September 30, 2002.
John B. Brown, III,
Deputy Administrator.
[FR Doc. 02-26966 Filed 10-22-02; 8:45 am]
BILLING CODE 4410-09-M