[Federal Register Volume 68, Number 158 (Friday, August 15, 2003)]
[Notices]
[Pages 48944-48945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20807]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Karen Joe Smiley, M.D.; Revocation of Registration

    On September 13, 2002, the Deputy Assistant Administrator, Office 
of Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Karen J. Smiley (Dr. Smiley), notifying her of 
an opportunity to show cause as to why DEA should not revoke her DEA 
Certificate of Registration, BS5832868 under 21 U.S.C. 824(a)(3), and 
deny any pending applications for that registration, pursuant to 21 
U.S.C. 823(f). As a basis for revocation, the Order to Show Cause 
alleged that Dr. Smiley was not currently authorized to practice 
medicine or handle controlled substances in Tennessee, the State in 
which she practices. The order also notified Dr. Smiley that should no 
request for a hearing be filed within 30 days, her hearing right would 
be deemed waived.
    The Order to Show Cause was sent by certified mail to Dr. Smiley at 
her registered location in Lexington, Tennessee. The show cause order 
was subsequently returned to DEA unclaimed with a post office notation 
``Returned to Sender--Not Deliverable as Addressed'' stamped to the 
mailing envelope. According to the investigative file, DEA has made 
diligent attempts to locate Dr. Smiley and serve her with the Order to 
Show Cause, but such attempts have not met with success. Her current 
whereabouts are unknown. DEA has not received a request for hearing or 
any other reply from Dr. Smiley or anyone purporting to represent her 
in this matter.
    Therefore, the Acting Administrator of DEA, finding that (1) thirty 
days having passed since the attempted delivery of the Order to Show 
Cause at Dr. Smiley's registered address, (2) the Order to Show Cause 
having been returned and DEA's unsuccessful attempts at redelivery of 
the same, and (3) no request for hearing having been received, 
concludes that Dr. Smiley is deemed to have waived her hearing right. 
See David W. Linder, 67 FR 12579 (2002). After considering material 
from the investigative file in this matter, the Acting Administrator 
now enters his final order without a hearing pursuant to 21 CFR 
1301.43(d) and (e) and 1301.46.
    The Acting Administrator finds that Dr. Smiley currently possesses 
DEA Certificate of Registration BS5832868, and that registration 
remains valid until February 29, 2004. A review of the investigative 
reveals that on September 19, 2001, a majority of a quorum of the 
Tennessee Board of Medical Examiners (Board) approved an Order of 
Permanent Revocation of the medical license of Dr. Smiley in that 
state. The matter involving the disposition of Dr. Smiley's Tennessee 
medical license came before the Board pursuant to an earlier Notice of 
Charges and Memorandum of Assessment of Civil (Notice of Charges) with 
respect to Dr. Smiley's medical license. In the Notice of Charges, it 
was alleged, and the Board subsequently found that Dr. Smiley was 
``guilty of gross malpractice, or a pattern of continued or repeated 
malpractice, ignorance, negligence or incompetence in the course of 
medical practice.'' Specifically, the Board found, among other things, 
that Dr. Smiley violated the Board's statutes governing the dispensing 
and/or prescribing of controlled substances.
    The investigative file contains no evidence that the Board's Order 
of Permanent Revocation has been stayed or that Dr. Smiley's medical 
license has been reinstated. Therefore, the Acting Administrator finds 
that Dr. Smiley is not currently authorized to practice medicine in the 
State of Tennessee. As a result, it is reasonable to infer that she 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

[[Page 48945]]

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. Smiley's medical license has been 
revoked and she is not licensed to handle controlled substances in the 
State of Tennessee, where she is registered with DEA. Therefore, Dr. 
Smiley 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 BS5832868, issued to Karen Joe Smiley, 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 15, 2003.

    Dated: July 28, 2003.
William B. Simpkins,
Acting Administrator.
[FR Doc. 03-20807 Filed 8-14-03; 8:45 am]
BILLING CODE 4410-09-M