[Federal Register Volume 68, Number 148 (Friday, August 1, 2003)]
[Notices]
[Pages 45280-45281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19631]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


George Minor Meredith, II, M.D. Revocation of Registration

    On April 22, 2002, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to George Minor Meredith, M.D. (Respondent) of 
Great Bend, Kansas, notifying him of an opportunity to show cause as to 
why DEA should not revoke his DEA Certificate of Registration, 
AM8703995 under 21 U.S.C. 824(a), and deny any pending applications for 
renewal or modification of that registration. As a

[[Page 45281]]

basis for revocation, the Order to Show Cause alleged that on December 
8, 2001, the Board of Healing Arts of the State of Kansas (Board) 
revoked Respondent's medical license. Accordingly, the Respondent is 
not currently authorized to handle controlled substances in Kansas, the 
state in which he practices. The order also notified Respondent 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 Respondent at 
his registered location in Grand Bend, Kansas. DEA received a signed 
receipt indicating that the Order to Show Cause was received by 
Respondent on or around May 2, 2002. The receipt noted that Respondent 
has changed his address to Virginia Beach, VA.
    Respondent requested a hearing. On July 31, 2002, DEA filed a 
Motion for Summary Disposition and Request for Stay of the Filing of 
Prehearing Statement. In its Motion, the Government alleged that 
Respondent lacks authority to handle controlled substances in Kansas, 
the state in which he currently maintains his DEA registration. The 
Government further stated that Respondent's state medical license had 
been revoked by the Board on December 10, 2001, and appended a copy of 
the Board's Final Order to the Motion. The Final Order indicated that 
Respondent's license had been suspended on June 11, 2001, and remained 
suspended up to the time the Final Order was executed.
    The Administrative Law Judge Gail A. Randall (ALJ) assigned to this 
case issued an Order on August 2, 2002, affording Respondent an 
opportunity to file his opposition to the Government's motion by August 
16, 2002. Respondent filed a ``Prehearing Statement,'' on August 23, 
2002, apparently in response to the ALJ's Order. Even though the filing 
was received past the deadline set forth in the ALJ's order, the ALJ 
accepted the document into the record. In his filing, Respondent 
presented no evidence in opposition to the Government's contention that 
he lacked state authority to practice medicine or to handle controlled 
substances in Kansas.
    On September 16, 2002, the ALJ certified and transmitted the record 
in this matter to the Acting Administrator, along with her Opinion and 
Recommended Decision. In her Decision, the ALJ granted DEA's Motion for 
Summary Disposition and recommended that Dr. Meredith's DEA 
registration be revoked.
    The Acting Administrator has carefully reviewed the entire record 
in this matter, as defined above, and hereby issues this final order as 
prescribed by 21 CFR 1301.43 and 21 CFR 1301.46 based upon the 
following findings and conclusions. The Acting Administrator adopts the 
Opinion and Recommended Decision of the ALJ, and his adoption is in no 
manner diminished by any recitation of facts, issues and conclusions, 
herein, or of any failure to mention a matter of fact or law.
    The Acting Administrator finds that Respondent possessed DEA 
Certificate of Registration AM8703995. The Acting Administrator further 
finds that an investigation by DEA revealed that on December 8, 2001, 
the Kansas Board of Healing Arts issued a Final Order revoking 
Respondent's license to practice medicine in Kansas.
    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); Damonick A. Ricci, 
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
    Here, it is clear that Respondent is not licensed to handle 
controlled substances in the State of Kansas where he is registered 
with DEA. Therefore, he is not entitled to a DEA registration in that 
state.
    Accordingly, the Acting 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 DEA 
Certificate of Registration AM8703995, issued to George Minor Meredith, 
M.D. be, and it hereby is, revoked. The Acting Administrator further 
orders that any pending applications for renewal or modification of 
such registration be, and they hereby are, denied. This order is 
effective September 2, 2003.

William B. Simpkins,
Acting Administrator.
[FR Doc. 03-19631 Filed 7-31-03; 8:45 am]
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