[Federal Register Volume 68, Number 231 (Tuesday, December 2, 2003)]
[Notices]
[Pages 67478-67479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29965]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 03-9]


Keith Perry, M.D. Revocation of Registration

    On October 17, 2002, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Keith O'Neil Perry, M.D. (Respondent) notifying 
him of an opportunity to show cause as to why DEA should not revoke his 
DEA Certificate of Registration, AP3109077 under 21 U.S.C. 824(a)(3) 
and (a)(4), and deny any pending applications for registration pursuant 
to 21 U.S.C. 823(f). The Order to Show Cause alleged that the 
Respondent's DEA Certificate of Registration should be revoked because 
the Respondent was without authorization to handle controlled 
substances. The Order to Show Cause further sought denial of any 
pending applications for registration based on allegations that the 
Respondent's continued registration would be inconsistent with the 
public interest. Specifically, the Order to Show alleged that effective 
April 8, 2002, the California Medical Board (Medical Board) suspended 
the Respondent's license to practice medicine. The Order to Show Cause 
further alleged that on or about February 29, 2000, the

[[Page 67479]]

Respondent was convicted by jury verdict of the following federal 
offenses:

--Sixteen counts of Mail Fraud (21 U.S.C. 1341)
--Two counts of Making False Statements on Medi-Cal Group Provider 
Applications (18 U.S.C. 1001)
--Fifteen counts of Wire Fraud (18 U.S.C. 1343 & 2)
--Four counts Bankruptcy Fraud (18 U.S.C. 152(3))
--One count of Tax Evasion

    By letter dated November 19, 2002, the Respondent, acting pro se, 
requested a hearing in this matter. On December 2, 2002, the presiding 
Administrative Law Judge Gail A. Randall (Judge Randall) issued to the 
Government as well as the Respondent an Order for Prehearing 
Statements.
    In lieu of filing a prehearing statement, on December 16, 2002, the 
Government filed Government's Request for Stay of Proceedings and 
Motion for Summary Judgment. The Government asserted that the 
Respondent is without authorization to handle controlled substances in 
the State of California, and as a result, further proceedings in the 
matter were not required. Attached to the Government's motion was a 
copy of a Suspension Order, signed by the Medicaid Board's Chief of 
Enforcement, who averred among other things, that effective April 8, 
2002, the Medical Board issued an Automatic Suspension Order, 
suspending the Respondent's Physician's and Surgeon's Certificate No. 
54688. The Medical Board representative further stated that the 
Suspension Order remains in effect until further order of the Medical 
Board.
    On December 19, 2002, Judge Randall issued an Order Staying 
Proceedings, and afforded the Respondent until January 8, 2003, to 
respond to the Government's Motion. The Respondent did not file a 
response. In his request for hearing, the Respondent pointed out that 
the suspension of his California medical license is temporary and that 
he is currently appealing the decision of the Medical Board. However, 
the Respondent did not rebut evidence presented by the Government his 
medical license remains suspended.
    On February 13, 2003, Judge Randall issued her Opinion and 
Recommended Decision on the Administrative Law Judge (Opinion and 
Recommended Decision). As part of her recommended ruling, Judge Randall 
granted the Government's Motion for Summary Disposition and found that 
the Respondent lacked authorization to handle controlled substances in 
California, the jurisdiction in which he is registered with DEA. In 
granting the Government's motion, Judge Randall further recommended 
that the Respondent's DEA registration be revoked and any pending 
applications for modification nor renewal be denied. No exceptions were 
filed by either party to Judge Randall's Opinion and Recommended 
Decision, and on March 18, 2003, the record of these proceedings was 
transmitted to the Office of the DEA Deputy Administrator.
    The Acting Deputy Administrator has considered the record in its 
entirety and pursuant to 21 CFR 1316.67, hereby issues her final order 
based upon findings of fact and conclusions of law as hereinafter set 
forth. The Acting Deputy Administrator adopts, in full, the Opinion and 
Recommended Decision of the Administrative Law Judge.
    The Acting Deputy Administrator finds that the Respondent currently 
possesses DEA Certificate of Registration AP3109077, and is registered 
to handle controlled substances in the State of California. The Acting 
Administrator further finds that effective April 8, 2002, the Medical 
Board of California issued a Suspension Order, suspending indefinitely 
the Respondent's medical license. There is no evidence before the 
Acting Deputy Administrator that the Suspension Order has been lifted 
or modified. Therefore, the Acting Deputy Administrator finds that the 
Respondent is currently not licensed to practice medicine in California 
and 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. 801(21), 
823(f) and 824(a)(30. This prerequisite has been consistently upheld. 
See Karen Joe Smiley, M.D., 68 FR 48944 (2003); Dominick A. Ricci, 
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
    Here, it is clear that the Respondent is not currently licensed to 
handle controlled substances in California, where he is registered with 
DEA. Therefore, he is not entitled to maintain that registration. 
Because the Respondent is not entitled to a DEA registration in 
California due to his lack of state authorization to handle controlled 
substances, the Acting Deputy Administrator concludes that it is 
unnecessary to address whether the Respondent's registration should be 
revoked based upon the other grounds asserted in the Order to Show 
Cause. See Fereida Walker-Graham, M.D., 68 FR 24761 (20030; Nathaniel-
Aikens-Afful, M.D., 62 FR 16871 (1997); Sam F. Moore, D.V.M., 58 FR 
14428 (1993).
    Accordingly, the Acting Deputy Administrator of the Drug 
Enforcement Administration, pursuant to the authority vested in her by 
21 U.S.C. 823 and 824 and 28 CFR 0.100(b) and 0.104, hereby orders that 
DEA Certificate of Registration, AP3109077, issued to Keith O'Neil 
Perry, M.D., be, and it hereby is, revoked. The Acting Deputy 
Administrator further orders that any pending applications for renewal 
of such registration be, and there hereby are, denied. This order is 
effective January 2, 2004.

    Dated: November 13, 2003.
Michele M. Leonhart,
Acting Deputy Administrator.
[FR Doc. 03-29965 Filed 12-1-03; 8:45 am]
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