[Federal Register Volume 69, Number 5 (Thursday, January 8, 2004)]
[Notices]
[Page 1311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-340]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Brenda J. Lightfoote-Young, M.D.; Revocation of Registration

    On April 11, 2003, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Brenda J. Lightfoote-Young, M.D. (Dr. 
Lightfoote-Young) of Eureka and Big Bear Lake, California, notifying 
her of an opportunity to show cause as to why DEA should not revoke her 
DEA Certificate of Registration, BL0935518 under 21 U.S.C. 824(a) any 
deny and pending applications of renewal or modification of that 
registration. As a basis for revocation, the Order to Show Cause 
alleged that Dr. Lightfoote-Young is not currently authorized to 
practice medicine or handle controlled substances in California, her 
state of registration and practice. The order also notified Dr. 
Lightfoote-Young 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. 
Lightfoote-Young at both her registered location at 3144 Broadway, 
Suite 4-434, Eureka, California, and to P.O. Box 130249, Big Bear Lake, 
California. On April 29, 2003, according to the return receipt, Dr. 
Lightfoote-Young received the Order to Show Cause that was mailed to 
her Big Bear address. DEA has not received a request for hearing or any 
other reply from Dr. Lightfoote-Young or anyone purporting to represent 
her in this matter. Therefore, the Acting 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. Lightfoote-Young is deemed to have waived her hearing right. 
After considering material from the investigative file in this matter, 
the Acting Deputy Administrator now enters her final order without a 
hearing pursuant to 21 CFR 1301.43(d) and (e) and 1301.46.
    The Acting Deputy Administrator finds that Dr. Lightfoote-Young 
possesses DEA Certificate of Registration BL0935518, which expired on 
March 31, 2003. The Acting Deputy Administrator further finds that on 
July 8, 1999, the Medical Board of California (the Board) filed an 
accusation against Dr. Lightfoote-Young alleging that she violated 
California Business and Professions Code, section 2239(b), by arriving 
at work under the influence of alcohol. On March 31, 2000, Dr. 
Lightfoote-Young and her counsel signed a stipulated settlement and 
disciplinary order with the Board revoking her medical certificate, but 
staying that revocation and placing her on five years probation under 
certain terms and conditions. The disciplinary order provided she was 
to enroll and participate in the Division of Medical Quality (the 
Division) Diversion Program until the Division determined that further 
treatment and rehabilitation were no longer necessary. The order 
further provided that quitting the program without permission or being 
expelled for cause would constitute a violation of Dr. Lightfoote-
Young's probation.
    Alleging, inter alia, that during January 2001, Dr. Lightfoote-
Young refused to participate any further in the Diversion Program, the 
Board filed a petition to revoke her probation. On September 26, 2002, 
a hearing was held before an Administrative Law Judge from the Los 
Angeles Office of Administrative Hearings. On November 5, 2002, the 
Board approved the Administrative Law Judge's Proposed Decision and 
issued its Decision, effective December 5, 2002, revoking Dr. 
Lightfoote-Young's license to practice medicine in the State of 
California for an indefinite period.
    The investigative file contains no evidence that the Board's 
Decision has been stayed or that Dr. Lightfoote-Young's medical license 
has been reinstated. Therefore, the Acting Deputy Administrator finds 
that Dr. Lightfoote-Young is not currently authorized to practice 
medicine in the State of California. 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 she 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. Lightfoote-Young's medical license has 
been revoked and she is not licensed to handle controlled substances in 
the State of California, where she is registered with DEA. Therefore, 
she is not entitled to a DEA registration in that state.
    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 order that 
DEA Certificate of Registration BL0935518, issued to Brenda J. 
Lightfoote-Young, 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 they hereby are, denied. This 
order is effective February 9, 2004.

    Dated: December 18, 2003.
Michelle M. Leonhart,
Acting Deputy Administrator.
[FR Doc. 04-340 Filed 1-7-04; 8:45 am]
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