[Federal Register Volume 70, Number 15 (Tuesday, January 25, 2005)]
[Notices]
[Pages 3563-3564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1326]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Ray V. Surapaneni, D.O.; Revocation of Registration

    On April 29, 2004, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Ray V. Surapaneni, D.O. (Dr. Surapaneni) who was 
notified of an opportunity to show cause as to why DEA should not 
revoke his DEA Certificate of Registration, BS3724932, pursuant to 21 
U.S.C. 824(a)(3). Specifically, the Order to Show Cause alleged that 
Dr. Surapaneni's authority to handle controlled substances in the State 
of Missouri had been revoked.
    The Order to Show Cause notified Dr. Surapaneni that should no 
request for a hearing be filed within 30 days, his hearing right would 
be deemed waived. Alternatively, he could waive a hearing and submit a 
written statement regarding his position on the matters of fact and law 
for the Deputy Administrator's consideration, along with the material 
within the investigative case file.
    The Order to Show Cause was initially sent by certified mail to Dr. 
Surapaneni at an address which was not current. On September 2, 2004, 
the Order to Show Cause was resent and Dr. Surapaneni received it on 
September 6, 2004. In his September 10, 2004, letter to the Hearing 
Clerk, DEA Office of Administrative Law Judges, Dr. Surapaneni 
affirmatively waived a hearing and asked the Deputy Administrator to 
not revoke his registration and to consider the contents of the letter 
in deciding the matter.
    The Deputy Administrator of DEA, after considering material from 
the investigative file and the written statement of Dr. Surapaneni, now 
enters her final order without a hearing pursuant to 21 CFR 1301.43(b) 
and (e) 1301.46.
    The Deputy Administrator finds Dr. Surapaneni is currently 
registered with DEA as a practitioner authorized to handle controlled 
substances in Schedules II through V under DEA Certificate of 
Registration BS3724932, with a registered location of 1515 Union 
Avenue, Moberly, Missouri.
    According to information in the investigative file, in June 2003, 
Dr. Surapaneni entered into a Memorandum of Agreement (MOA) with the 
DEA Saint Louis Field Division as a condition of renewing his DEA 
registration. Among the MOA's terms was a provision that his DEA 
registration would terminate automatically if he were to lose authority 
to handle controlled substances in Missouri, his State of registration.
    On December 9, 2003, the Missouri Bureau of Narcotics and Dangerous 
Drugs (BNDD) notified Dr. Surapaneni that his Missouri Controlled 
Substances Registration No. 307766793, had been terminated and he did 
not ``currently have the authority to conduct any activities with 
controlled substances in the state of Missouri.'' The investigative 
file indicates his state controlled substances registration was 
terminated because it had been issued for a specific location in Paris, 
Missouri and, pursuant to a March 11, 2003, Settlement Agreement 
Between Dr. Surapaneni and BNDD, his registration would terminate 
immediately if he relocated his professional practice. BNDD 
subsequently discovered Dr. Surapaneni had never been employed by or 
practiced at the Paris, Missouri location. Efforts by DEA diversion 
investigators to obtain his certificate by surrender proved 
unsuccessful and show cause proceedings were then initiated.
    In his written statement to the Deputy Administrator, Dr. 
Surapaneni indicates he was unable to join the Paris, Missouri, 
practice because he lacked start-up funds, attributing this financial 
plight to a previous office manager having embezzled $150,000 from him. 
Dr. Surapaneni also says he is seeking medical employment and intends 
to reapply for his Missouri registration once he has found a position.
    However, Dr. Surapaneni does not dispute that his State controlled 
substances registration was terminated by BNDD or claim any current 
authority to handle controlled substances in that State. Therefore, the 
Deputy Administrator finds Dr. Surapaneni is currently not authorized 
to handle controlled substances in Missouri.
    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 Richard J. Clement, M.D., 68 FR 12, 103 (2003); Dominick A. Ricci, 
M.D., 58 FR 51,104 (1993); Bobby Watts, M.D., 53 FR 11,919 (1988).
    Here, it is clear Dr. Surapaneni's State controlled substance 
registration was terminated and there is no information that action was 
ever stayed or that his registration has been reinstated. As a result, 
Dr. Surapaneni is not licensed to handle controlled substances in 
Missouri, where he is registered with DEA. Therefore, he is not 
entitled to maintain that registration.
    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 C.F.R. 0.100(b) and 0.104, hereby orders that DEA 
Certificate of Registration, BS3724932, issued to Ray V. Surapaneni, 
D.O., be, and it hereby is, revoked. The Deputy Administrator further 
orders that any

[[Page 3564]]

pending applications for renewal or modification of the aforementioned 
registration be, and hereby are, denied. This order is effective 
February 24, 2005.

    Dated: December 30, 2004.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-1326 Filed 1-24-05; 8:45 am]
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