[Federal Register Volume 70, Number 95 (Wednesday, May 18, 2005)]
[Notices]
[Page 28580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9837]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 05-01]


Katarzyna Rygiel, M.D.; Revocation of Registration

    On September 3, 2004, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Katarzyna Rygiel, M.D. (Dr. Rygiel) of San 
Diego, California, notifying her of an opportunity to show cause as to 
why DEA should not revoke her DEA Certificate of Registration 
BK4222179, as a practitioner, pursuant to 21 U.S.C. 824(a)(3) and deny 
any pending applications for renewal of that registration pursuant to 
21 U.S.C. 823(f). As the basis for revocation, the Order to Show Cause 
alleged that Dr. Rygiel's license to practice medicine in California 
had been revoked and accordingly, she was not authorized to handle 
controlled substances in California, the state in which she is 
registered.
    In a letter dated October 6, 2004, through her counsel, Dr. Rygiel 
timely requested a hearing in this matter. In that letter she admitted 
the California Medical Board had revoked her license but argued that 
decision was being reviewed by the Superior Court of California, County 
of San Diego.
    On October 13, 2004, the government filed a Motion for Summary 
Disposition, requesting that Administrative Law Judge Gail A. Randall 
(Judge Randall) summarily dismiss the action, arguing that Dr. Rygiel 
lacked state authority to handle controlled substances in California. 
On October 14, 2004, Judge Randall issued an Order staying proceedings 
and affording Dr. Rygiel an opportunity to respond to the Government's 
motion. Dr. Rygiel then filed a Motion for Further Stay of Proceedings 
and Opposition to Government's Motion for Summary Adjudication and 
Alternatively, Motion for Stay of Judgment (Response). In that Response 
Dr. Rygiel acknowledged she was currently without state authority to 
practice medicine in California but argued the DEA hearing should be 
stayed until the San Diego Superior Court had issued an anticipated 
decision in her favor.
    On November 22, 2004, Judge Randall issued her Order, Opinion and 
Recommended Decision of the Administrative Law Judge (Opinion and 
Recommended Decision). As part of her recommended ruling, Judge Randall 
granted the Government's Motion for Summary Disposition, finding Dr. 
Rygiel lacked authorization to handle controlled substances in 
California, the jurisdiction in which she is registered. Judge Randall 
recommended that Dr. Rygiel's DEA registration be revoked. No 
exceptions were filed by either party to the Opinion and Recommended 
Decision and on January 11, 2005, the record of these proceedings was 
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 Dr. Rygiel holds DEA 
Certificate of Registration, BK4222179. The Deputy Administrator 
further finds that on March 16, 2004, the Division of Medical Quality, 
Medical Board of California, Department of Consumer Affairs, State of 
California (Board) issued a Decision revoking Dr. Rygiel's Physician 
and Surgeon's Certificate. In that Decision, the Board adopted a 
February 13, 2004, Proposed Decision of a California Administrative Law 
Judge which recommended revocation of Dr. Rygiel's medical license on 
certain enumerated grounds.
    There is no evidence in the record indicating the Board's Decision 
has been stayed or set aside by judicial action, rescinded by the Board 
or that Dr. Rygiel's license has been reinstated. Therefore, the Deputy 
Administrator finds that Dr. Rygiel is currently not licensed to 
practice medicine in California and, 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 Gabriel Sagun Orzame, M.D., 69 FR 58959 (2004); Dominick A. Ricci, 
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
    Here, it is clear that Dr. Rygiel is not currently authorized to 
handle controlled substances in California, where she is registered 
with DEA. Therefore, she 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, BK4222179, issued to Katarzyna Rygiel, 
M.D., 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 June 17, 2005.

    Dated: May 9, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-9837 Filed 5-17-05; 8:45 am]
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