[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Notices]
[Pages 11698-11699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4564]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Samuel Lee Steel, M.D.; Revocation of Registration

    On August 20, 2004, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Samuel Lee Steel, M.D. (Dr. Steel) who was 
notified of an opportunity to show cause as to why DEA should not 
revoke his DEA Certificate of Registration BS5024865, pursuant to 21 
U.S.C. 824(a)(3) and deny any pending applications under 21 U.S.C. 
823(f), on the ground that he lacked state authority to handle 
controlled substances in the State of California. The Order to Show 
Cause also notified Dr. Steel that should no request for a hearing be 
filed with 30 days, his hearing right would be deemed waived.
    The order to Show Cause was sent by certified mail to Dr. Steel at 
his registered address of 1150 North Canyon Drive, Palm Springs, 
California 92263. According to the return receipt of the Order, it was 
accepted on Dr. Steel's behalf on September 1, 2004. DEA has not 
received a request for hearing or any other reply from Dr. Steel or 
anyone purporting to represent him in this matter.
    Therefore, the Deputy Administrator of DEA, finding that (1) thirty 
days having passed since the delivery of the Order to Show Cause to the 
registrant's address of record and (2) no request for hearing having 
been received, concludes that Dr. Steel is deemed to have waived his 
hearing right. See David W. Linder, 67 FR 12579 (2002). After 
considering material from the investigative file in this matter, the 
Deputy Administrator now enters her final order without a hearing 
pursuant to 21 CFR 1301.43(d) and (e) and 1301.46.
    The Deputy Administrator finds that Dr. Steel is currently 
registered with DEA as a practitioner authorized to handle controlled 
substances in Schedules II through V under Certificate of Registration 
BS5024865, expiring on February 29, 2005. According to information in 
the investigative file, following an Interim Order of Suspension, on 
April 1, 2004, the Medical Board of California (Board)

[[Page 11699]]

revoked Dr. Steel's Physician and Surgeon's Certificate, effective as 
of May 3, 2004. The revocation was based on the Board's finding that 
Dr. Steel was mentally impaired to a degree that he was unable to 
safely practice medicine.
    There is no evidence before the Deputy Administrator to rebut a 
finding that Dr. Steel's California medical license has been revoked. 
Therefore, the Deputy Administrator finds Dr. Steel is currently not 
authorized to practice medicine in the State of California. As a 
result, it is reasonable to infer that he is also without authorization 
to handle controlled substances in that State.
    DEA does not have statutory authority under the Controlled 
Substance 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 12103 (2003); Dominick A. Ricci, 
M.D., 68 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
    Here, it is clear that Dr. Steel's state medical license was 
revoked after being initially suspended and there is no information 
before the Deputy Administrator which points to that revocation having 
been lifted or stayed. As a result, Dr. Steel is not authorized to 
practice medicine or handle controlled substances in California, 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 CFR 0.100(b) and 0.104, hereby orders that DEA 
Certificate of Registration, BS5024865, issued to Samuel Lee Steel, 
M.D., be, and it hereby is, revoked. The Deputy Administrator further 
orders that any pending applications for renewal or modification of the 
aforementioned registration be, and hereby are, denied. This order is 
effective April 8, 2005.

    Dated: January 14, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-4564 Filed 3-8-05; 8:45 am]
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