[Federal Register Volume 69, Number 24 (Thursday, February 5, 2004)]
[Notices]
[Page 5583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2342]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 03-14]


Prescriptionline.com Revocation of Registration

    On December 18, 2002, the Deputy Administrator of the Drug 
Enforcement Administration (DEA) issued an Order to Show Cause and 
Immediate Suspension of Registration to Prescriptiononline.com 
(Respondent) of Las Vegas, Nevada. Relying on 21 U.S.C. 823(f) and 
824(a)(3), (a)(4) and (d), the Order proposed revoking Respondent's 
retail pharmacy Certificate of Registration, BP6558069, and denying any 
pending applications for renewal or modification of such registration. 
It further notified Respondent that its registration was suspended 
immediately, that the suspension would remain in effect until a final 
determination in this proceeding and that DEA agents were authorized to 
and directed to place under seal and remove all controlled substances 
possessed by Respondent and take into their possession, Respondent's 
certificate of registration.
    As grounds for revocation, the Order to Show Cause alleged, among 
other things, that between March 12 and September 26, 2002, Respondent 
provided 1,599,828 dosage units of controlled substances via the 
Internet pursuant to prescriptions issued by physicians who had not 
established physician-patient relationships with the persons to whom 
the prescriptions were issued.
    On January 22, 2003, Respondent, through counsel, timely requested 
a hearing in this matter and on January 24, 2003, the Presiding 
Administrative Law Judge Mary Ellen Bittner (Judge Bittner) issued the 
Government, as well as Respondent, an Order for Prehearing Statements. 
On February 12, 2003, in lieu of filing a prehearing statement, the 
Government filed Government's Motion for Summary Judgment and to Extend 
the Time to File Prehearing Statements if Necessary. The Government 
argued Respondent had entered into a stipulation and agreement with the 
Nevada State Board of Pharmacy (Nevada Board) in which, among other 
things, Respondent agreed to revocation of its Nevada pharmacy license, 
that on January 27, 2003, the Nevada Board ratified the stipulation and 
agreement and that as a result, Respondent is no longer authorized to 
dispense or otherwise handle controlled substances in the State of 
Nevada, the jurisdiction in which it is registered, a prerequisite for 
DEA registration. Attached to the Government's motion was a copy of the 
stipulation and agreement and the Nevada Board's order ratifying it.
    On February 14, 2003, Judge Bittner issued a Memorandum to Counsel 
and Order staying the filing of prehearing statements and providing 
Respondent until February 28, 2003, to respond to the Government's 
motion. Respondent did not file any response.
    On March 19, 2003, Judge Bittner issued her Opinion and Recommended 
Decision of the Administrative Law Judge (Opinion and Recommended 
Decision). As part of her recommended ruling, Judge Bittner granted the 
Government's Motion for Summary Disposition and found that Respondent 
lacked authorization to handle controlled substances in Nevada, the 
jurisdiction in which it was registered. Judge Bittner also recommended 
that the Respondent's DEA certificate of registration be revoked and 
that any pending applications for renewal or modification be denied. No 
exceptions were filed by either party to Judge Bittner's Opinion and 
Recommended Decision and on April 22, 2003, the record of these 
proceedings was transmitted to the Office of the then-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 Respondent, registered 
to do business in the State of Nevada, was issued DEA Certificate of 
Registration BP6558069 as a retail pharmacy. The Acting Deputy 
Administrator further finds that on January 22, 2003, Respondent 
voluntarily entered into a ``Stipulation and Agreement between Board 
Staff and Prescriptionline.com'' in which Respondent agreed to 
revocation of its State of Nevada pharmacy license. On January 27, 
2003, the Nevada Board issued an Order ratifying the stipulation and 
agreement. Respondent has not denied that it currently is not licensed 
to practice pharmacy in Nevada, its jurisdiction of registration.
    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 dispense or handle controlled 
substances in the State in which it conducts business. See 21 U.S.C. 
802(21), 823(f) and 824(a)(3). This prerequisite has been consistently 
upheld. See Karen Joe Smily, M.D., 68 FR 48944 (2003); Dominick A. 
Ricci, M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988); 
Wingfield Drugs, Inc., 52 FR 27070 (1987).
    Here, it is clear that Respondent is not currently licensed to 
handle controlled substances in Nevada, the jurisdiction in which it 
maintains a DEA registration. Therefore, it is not currently entitled 
to a DEA registation.
    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 
the DEA Certificate of Registration issued to Prescriptionline.com 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 effecting March 8, 2004.

    Dated: January 7, 2004.
Michele M. Leonhart,
Acting Deputy Administrator.
[FR Doc. 04-2342 Filed 2-4-04; 8:45 am]
BILLING CODE 4410-09-M