[Federal Register Volume 69, Number 24 (Thursday, February 5, 2004)]
[Notices]
[Page 5579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2341]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 03-36]


Annette Antonsson, M.D., Denial of Application

    On June 4, 2003, the Deputy Assistant Administrator, Office of 
Division Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Annette Antonsson, M.D. (Respondent) of San 
Francisco, California, notifying her of an opportunity to show cause as 
to why DEA should not deny her application for a DEA certificate of 
registration as a practitioner pursuant to 21 U.S.C. 824(a) and deny 
any pending applications for renewal or modification of Respondent's 
expired DEA registration BA2457097. As a basis for revocation, the 
Order to Show Cause alleged that Respondent voluntarily surrendered her 
State license to practice medicine to the Medical Board of California 
effective May 24, 1999, and that, accordingly, she is not authorized to 
handle controlled substances in California, the State in which she 
applied to be registered.
    On July 5, 2003, Respondent, acting pro se, timely requested a 
hearing in this matter. In her request for a hearing, Respondent 
admitted she had surrendered her license and was ``currently not 
licensed in California.'' On July 24, 2003, the Presiding 
Administrative Law Judge Mary Ellen Bittner (Judge Bittner) issued the 
Government, as well as Respondent, an Order for Prehearing Statements.
    In lieu of filing a prehearing statement, the Government filed 
Government's request for Stay of Proceedings and Motion for Summary 
Disposition. The Government argued that the Respondent is without 
authorization to handle controlled substances in the State of 
California, and as a result, further proceedings in the matter were not 
required. Attached to the Government's motion was a copy of the Medical 
Board of California's Decision and Order, dated June 28, 1999, adopting 
the Stipulation for Surrender of License which Respondent agreed to and 
signed on May 24, 1999.
    On July 31, 2003, Judge Bittner issued a Memorandum to Counsel 
providing Respondent until August 31, 2003, to respond to the 
Government's motion. Respondent did not file any response.
    On September 23, 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 
the Respondent lacked authorization to handle controlled substances in 
California, the jurisdiction in which she was applying to be 
registered. Judge Bittner also recommended that the Respondent's 
application for a DEA certificate of registration be denied. No 
exceptions were filed by either party to Judge Bittner's Opinion and 
Recommended Decision and on November 13, 2003, the record of these 
proceedings was transmitted to the Office of the Acting 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 was 
previously issued DEA certificate of registration BA 2457097, which 
expired in June 2002. Subsequently, Respondent filed an application for 
renewal on October 31, 2002, which was appropriately treated by DEA as 
a request for a new registration. The Acting Deputy Administrator 
further finds that, effective May 24, 1999, Respondent voluntarily 
surrendered her State license to practice medicine to the California 
Medical Board and has also admitted that she is currently not licensed 
to practice in California. Therefore, the Acting Deputy Administrator 
finds Respondent is currently not licensed to practice medicine in 
California and as a result, it is reasonable to infer 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 Karen Joe Smiley, M.D., 68 FR 48944 (2003); Dominick A. Ricci, 
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
    Here, it is clear that Respondent is not currently licensed to 
handle controlled substances in California, the jurisdiction in which 
she has applied for registration. Therefore, she is not entitled to a 
DEA registration in that State.
    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 application for a DEA certificate of registration submitted by 
Annette Antonsson, M.D., be, and it hereby is, denied. This order is 
effective March 8, 2004.

    Dated: January 7, 2004.
Michele M. Leonhart
Acting Deputy Administrator.
[FR Doc. 04-2341 Filed 2-4-04; 8:45 am]
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