[Federal Register Volume 69, Number 5 (Thursday, January 8, 2004)]
[Notices]
[Page 1314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-342]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Monica Lynn Smedley, D.P.M.; Revocation of Registration

    On May 5, 2003, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Monica Lynn Smedley, D.P.M. (Dr. Smedley) of 
Nashville, Tennessee and North Braddock, Pennsylvania, notifying her of 
an opportunity to show cause as to why DEA should not revoke her DEA 
Certificate of Registration, BS4332045 under 21 U.S.C. 824(a) and deny 
any pending applications for renewal or modification of that 
registration. As a basis for revocation, the Order to Show Cause 
alleged that Dr. Smedley is not currently authorized to practice 
podiatry or handle controlled substances in Tennessee, her state of 
registration and practice and that her continued registration would not 
be in the public interest. The order also notified Dr. Smedley 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. Smedley 
at her registered location at 319 Westfield Drive, Nashville, 
Tennessee. An Order was also sent to 551 Lobinger Avenue, North 
Braddock, Pennsylvania. According to the return receipts, the Order 
sent to the registered location was undeliverable. However, on or 
around May 30, 2003, the Order sent to her Pennsylvania address was 
accepted on Dr. Smedley's behalf.
    DEA has not received a request for hearing or any other reply from 
Dr. Smedley 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. Smedley 
is deemed to have waived her hearing right. See Samuel S. Jackson, 
D.D.S., 67 FR 65145 (2002); David W. Linder, 67 FR 12579 (2002). After 
considering material from the investigative file, 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. Smedley possesses 
DEA Certificate of Registration BS4332045, which expires on February 
29, 2004. The Acting Deputy Administrator further finds that the State 
of Tennessee Department of Health filed charges against Dr. Smedley 
with the Tennessee Board of Registration of Podiatry (the Board) 
alleging, inter alia, that between February 1, 2002 and March 6, 2002, 
she prescribed controlled substances, primarily Codeine and Butalbital, 
after her podiatry license had expired for failure to renew. It was 
further charged that from January 31, 2002 until April 9, 2002, on an 
almost daily basis Dr. Smedley wrote prescriptions for and picked up 
Tylenol 4, a controlled substance, from various pharmacies in 
the Nashville area. These prescriptions were written in her mother's 
name. During the same period Dr. Smedley wrote prescriptions for 
Tylenol 4 to herself and attempted to pick up the prescribed 
controlled substances. The prescriptions were not dispensed, prescribed 
or otherwise distributed in the course of Dr. Smedley's professional 
practice.
    On November 14, 2002, the Board issued an Agreed Order which found 
the above allegations true, suspended Dr. Smedley's podiatry license 
for a period of six months and placed her on one year's probation, 
which would commence upon expiration of the six month suspension. As a 
condition for reinstatement of her license, Dr. Smedley was required by 
the Agreed Order to undergo a substance abuse evaluation and 
demonstrate to the Board that she was in compliance with any of the 
evaluation's recommendations.
    The investigative file contains no evidence that the Board's Agreed 
Order has been stayed or that Dr. Smedley's podiatry license has been 
reinstated. Therefore, the Acting Deputy Administrator finds that Dr. 
Smedley is not currently authorized to practice podiatry 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 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. Smedley's podiatry license was 
suspended, that it has not been reinstated and she is not licensed to 
handle controlled substances in the State of Tennessee, 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 orders that 
DEA Certificate of Registration BS4332045, issued to Monica Lynn 
Smedley, D.P.M., 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.
Michele M. Leonhart,
Acting Deputy Administrator.
[FR Doc. 04-342 Filed 1-7-04; 8:45 am]
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