[Federal Register Volume 69, Number 115 (Wednesday, June 16, 2004)]
[Notices]
[Pages 33666-33667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13534]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 03-48]


Deborah Y. Strauss, D.V.M., Revocation of Registration

    On August 1, 2003, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Deborah Y. Strauss, D.V.M. (Respondent) 
notifying her of an opportunity to show cause as to why DEA should not 
revoke her Certificate of Registration, BS6351821, and deny any pending 
applications for renewal or modification of such registration pursuant 
to 21 U.S.C. 824(a)(3) and (a)(4). Specifically, the Order to Show 
alleged that the Respondent's State controlled substances registration 
has been suspended and her continued registration would be inconsistent 
with the public interest based on matters concerning her purported 
issuance of prescriptions for Demerol, a Schedule II controlled 
substance, for no legitimate medical purpose. The Order to Show Cause 
further alleged that as a result of an accountability audit, the 
Respondent was unable to account for over 10,000 mg. of injectible 
Demerol, and her records involving the Schedule IV controlled substance 
diazepam, were not complete or accurate in violation of DEA 
regulations.

[[Page 33667]]

    By letter dated September 3, 2003, the Respondent, through her 
legal counsel, timely requested a hearing in response to the show cause 
order. On September 29, 2003, the presiding Administrative Law Judge 
Mary Ellen Bittner (Judge Bittner) issued to the Government as well as 
the Respondent an Order for Prehearing Statements.
    In lieu of filing a pre-hearing statement, counsel for DEA filed 
Government's Motion for Summary Disposition. In its motion, the 
Government asserted that the Respondent is without authorization to 
handle controlled substances in the State of Iowa, and as a result, 
further proceedings in the matter were not required. Attached to the 
Government's motion was an Order of Immediate Suspension of Controlled 
Substance Registration issued by the Board of Pharmacy Examiners of the 
State of Iowa (Pharmacy Board), dated May 9, 2003.
    On October 17, 2003, the Respondent filed a reply brief with the 
caption, ``Resistance to Government's Motion for Summary Disposition.'' 
In its brief, the Respondent argued, inter alia, that she is entitled 
to due process of law; she has been wrongfully accused of having a 
controlled substance abuse problem; a requested hearing before the 
Pharmacy Board will clarify the issue and should result in the 
reinstatement of Respondent's State controlled substance registration; 
the Pharmacy Board arrived at an ``incorrect decision'' in suspending 
Respondent's State controlled substance registration; and, there is no 
compelling need for DEA to proceed with summary disposition in this 
proceeding when matters involving Respondent's State controlled 
substance registration are under review. The Respondent however, 
concedes that she is currently without authorization to handle 
controlled substances in Iowa.
    On December 8, 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 
Iowa, the jurisdiction where Respondent holds a DEA registration. In 
granting the Government's motion, Judge Bittner also recommended that 
the Respondent's DEA registration be revoked and any pending 
applications for modification or renewal be denied. No exceptions were 
filed by either party to Judge Bittner's Opinion and Recommended 
Decision, and on January 16, 2004, the record of these proceedings were 
transmitted to the Office of the DEA Deputy Administrator.
    The 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 Deputy Administrator adopts, in full, the Opinion and Recommended 
Decision of the Administrative Law Judge.
    The Deputy Administrator finds that the Respondent currently 
possesses DEA Certificate of Registration BS6351821, and is registered 
to handle controlled substances in Iowa. The record before the Deputy 
Administrator reveals that on May 9, 2003, the Iowa Pharmacy Board 
issued an order suspending the Respondent's State controlled substance 
registration, effective immediately.
    In reaching its decision, the Pharmacy Board found that during a 
thirteen-month period, Respondent wrote 176 prescriptions for Demerol, 
purportedly for animal patients. Several of the animal patients were 
owned by the Respondent. The Pharmacy Board found however, that the 
Respondent did not administer Demerol to her patients, but instead, 
obtained the drug for her personal use. The Pharmacy Board also found 
that the Respondent did not maintain required records for the 
dispensing of controlled substances. There is no evidence before the 
Deputy Administrator that the Pharmacy Board's order has been stayed or 
rescinded, or that Respondent's State controlled substance privileges 
have otherwise been reinstated.
    Pursuant to 21 U.S.C. 824(a), the Deputy Administrator may revoke a 
DEA Certificate of Registration if she finds that the registrant has 
had his State license revoked and is no longer authorized to dispense 
controlled substances or has committed such acts as would render his 
registration contrary to the public interest as determined by factors 
listed in 21 U.S.C. 823(f). Thomas B. Pelkowski, D.D.S., 57 FR 28538 
(1992). Nevertheless, despite the Pharmacy Board's findings regarding 
the Respondent's inappropriate handling of controlled substances, and 
notwithstanding the other public interest factors for the revocation of 
her DEA registration asserted herein, the more relevant consideration 
here is the present status of the Respondent's State authorization to 
handle controlled substances.
    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 upheld. 
See Stephen J. Graham, M.D., 69 FR 11661 (2004); Dominick A. Ricci, 
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
    Here, it is clear that Respondent's Iowa controlled substance 
license has been suspended, and as a result, she is not licensed under 
Iowa law to handle these products. Therefore, she is not entitled to a 
DEA registration in that state. As a result of a finding that 
Respondent lacks State authorization to handle controlled substances, 
the Deputy Administrator concludes that it is unnecessary to address 
further whether Respondent's DEA registration should be revoked based 
upon the public interest grounds asserted in the Order to Show Cause. 
See Samuel Silas Jackson, D.D.S., 67 FR 65145 (2002); Nathaniel-Aikens-
Afful, M.D., 62 FR 16871 (1997); Sam F. Moore, D.V.M, 58 FR 14428 
(1993).
    Accordingly, the 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, BS6351821, issued to Deborah Y. Strauss, 
D.V.M., be, and it hereby is, revoked. The Deputy Administrator further 
orders that any pending applications for renewal or modification of 
such registration be, and they hereby are, denied. This order is 
effective July 16, 2004.

    Dated: May 17, 2004.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 04-13534 Filed 6-15-04; 8:45 am]
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