[Federal Register Volume 67, Number 230 (Friday, November 29, 2002)]
[Notices]
[Page 71196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30257]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Horst G. Blume, M.D.; Revocation of Registration

    On July 26, 2002, the Deputy Assistant Administrator, Office of 
Division Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause by certified mail to Horst G. Blume, M.D. (Dr. 
Blume), notifying him of an opportunity to show cause as to why the DEA 
should not revoke his DEA Certificate of Registration, AB4035146, 
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 
ground that, effective August 1, 2001, Dr. Blume voluntarily 
surrendered his medical license to the Iowa Board of Medical Examiners. 
The Order also notified Dr. Blume that if a request for hearing is not 
filed within 30 days of receipt, his right to a hearing would be deemed 
waived.
    The Order to Show Cause was sent to Dr. Blume at his DEA registered 
premises in Sioux City, Iowa. DEA received a signed receipt indicating 
that the Order to Show Cause was received on behalf of Dr. Blume at 
that location. since that time, DEA has not received a request for 
hearing or any other reply form Dr. Blume 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 has been received concludes that Dr. Blume 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 1301.4 (d) and 
(e), and 1301.46.
    The Deputy Administrator finds that Dr. Blume currently possesses 
DEA Certificate of Registration AB4035146, issued to him in Iowa. On 
July 11, 2001, Dr. Blume submitted a letter to the Iowa Board of 
Medical Examiners in which he voluntarily surrendered his Iowa medical 
license and agreed to no longer practice medicine in Iowa, effective 
August 1, 2001. The letter also stated that Dr. Blume understood that 
he was not eligible to reapply for medical license in the State of 
Iowa. The license surrender by Dr. Blume resolved the disciplinary 
action initiated by the Iowa Board of Medical Examiners. The 
investigative file contains no evidence that Dr. Blume's medical 
license has been reinstated in Iowa.
    The DEA does not have the statutory authority under 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 Willard W. Leiske, M.D., 67 FR 35,588 (2002); 
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 60728 
(1996); Dominick A. Ricci, M.D., 58 FR 51104 (1993).
    In the instant case, the Deputy Administrator finds that there is 
evidence demonstrating that Dr. Blume is not authorized to practice 
medicine in Iowa, and therefore, the Deputy Administrator infers that 
Dr. Blume is also not authorized to handle controlled substances in 
Iowa, 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 AB40335146, previously issued to Horst G. 
Blume, M.D., be, and is hereby is, revoked. The Deputy Administrator 
further orders that any pending applications for renewal or 
modification of said registration be, and hereby are, denied. This 
order is effective December 30, 2002.

    Dated: November 20, 2002.
John B. Brown, III,
Deputy Administrator.
[FR Doc. 02-30257 Filed 11-26-02; 8:45 am]
BILLING CODE 4410-09-M