5678 Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000 / Notices

Dated: January 18, 2000.

Donnie R. Marshall,

Deputy Administrator.

[FR Doc. 00–2529 Filed 2–4–00; 8:45 am]

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 99–33]

Brett L. Lusskin, M.D.; Revocation of

Registration

On August 10, 1999, the Deputy

Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration (DEA) issued an Order

to Show Cause to Brett L. Lusskin, M.D.

(Respondent), of Hallandale, Florida,

notifying him of an opportunity to show

cause as to why DEA should not revoke

his DEA Certificate of Registration

AL0133102, and deny any pending

applications for renewal of such

registration as a practitioner pursuant to

21 U.S.C. 823(f) and 824(a)(3). The

Order to Show Cause alleged that

Respondent is not currently authorized

to handle controlled substances in the

State of Florida.

By letter dated September 8, 1999,

Respondent, through counsel, filed a

request for a hearing, and the matter was

docketed before Administrative Law

Judge Gail A. Randall. On October 7,

1999, the Government filed a Motion for

Summary Disposition, alleging that

Respondent is currently registered with

DEA to handle controlled substances in

Florida, however he is not currently

authorized by the State of Florida to

handle controlled substances. On

November 1, 1999, Respondent filed a

response to the Government’s motion

arguing that Judge Randall does not

have sufficient evidence to support the

allegation that Respondent lacks

authorization to handle controlled

substances in Florida.

On November 15, 1999, Judge Randall

issued her Opinion and Recommended

Decision finding that Respondent lacks

authorization to handle controlled

substances in the State of Florida;

granting the Government’s Motion for

Summary Disposition; and

recommending that Respondent’s DEA

Certificate of Registration be revoked.

Neither party filed exceptions to her

Opinion and Recommended Decision,

and on December 14, 1999, Judge

Randall transmitted the record of these

proceedings to the Office of the Deputy

Administrator.

The Deputy Administrator has

considered the record in its entirety,

and pursuant to 21 CFR 1316.67, hereby

issues his 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

Respondent currently possesses DEA

Certificate of Registration AL0133102,

issued to him at an address in

Hallandale, Florida. The Deputy

Administrator further finds that on May

7, 1998, the Medical Board of the State

of Florida (Medical Board) issued a final

order indefinitely suspending

Respondent’s medical license. In an

Opinion filed on March 31, 1999, the

District Court of Appeal of the State of

Florida, Fourth District, granted

Respondent a new hearing before the

Medical Board but declined to stay the

suspension of Respondent’s medical

license.

In his response to the Government’s

motion, Respondent argued that he is

retired from the active practice of

medicine, and therefore, his continued

registration poses no risk to the public

interest. Additionally, Respondent

noted that he has filed an Amended

Complaint with the Agency for Health

Care Administration and expects a

hearing in the near future.

In her Opinion and Recommended

Decision, Judge Randall found that the

Government presented credible

evidence that Respondent’s Florida

medical license was indefinitely

suspended, and the suspension has not

been stayed. Respondent has presented

no evidence to the contrary. As Judge

Randall noted, ‘‘[a] pending rehearing of

the Medical Board’s decision does not

alter the Respondent’s status in Florida.

The outcome of a rehearing of the

Medical Board’s action is speculative,

and the decision of the Medical Board

is final until otherwise overturned.’’

Therefore, the Deputy Administrator

finds that Respondent is not currently

authorized to practice medicine in the

State of Florida and as a result, it is

reasonable to infer that he is also not

authorized 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 he

conducts his business. See 21 U.S.C.

802(21), 823(f) and 824(a)(3). This

prerequisite has been consistently

upheld. See Romeo J. Perez, M.D., 62 FR

16,193 (1997); Demetris A. Green, M.D.,

61 FR 60,728 (1996); Dominick A. Ricci,

M.D., 58 FR 51,104 (1993).

Here, it is clear that Respondent is not

licensed to handle controlled substances

in Florida. Since Respondent lacks this

state authority, he is not entitled to a

DEA registration in that state.

In light of the above, Judge Randall

properly granted the Government’s

Motion for Summary Disposition. The

parties did not dispute the fact that

Respondent is currently unauthorized to

handle controlled substances in Florida.

Therefore, it is well-settled that when

no question of material fact is involved,

a plenary, adversary administrative

proceeding involving evidence and

cross-examination of witnesses is not

obligatory. See Gilbert Ross, M.D., 61 FR

8664 (1996); Philip E. Kirk, M.D., 48 FR

32,887 (1983), aff’d sub nom Kirk v.

Mullen, 749 F.2d 297 (6th Cir. 1984);

NLRB v. International Association of

Bridge, Structural and Ornamental

Ironworkers, AFL–CIO, 549 F.2d 634

(9th Cir. 1977).

Accordingly, the Deputy

Administrator of the Drug Enforcement

Administration, pursuant to the

authority vested in him by 21 U.S.C. 823

and 824 and 28 CFR 0.100(b) and 0.104,

hereby orders that DEA Certificates of

Registration AL0133102, issued to Brett

L. Lusskin, M.D., be, and it hereby is,

revoked. The Deputy Administrator

further orders that any pending

applications for renewal of such

registration be, and they hereby are,

denied. This order is effective March 6,

2000.

Dated: January 18, 2000.

Donnie R. Marshall,

Deputy Administrator.

[FR Doc. 00–2530 Filed 2–3–00; 8:45 am]

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

Charles W. Marshall, D.P.M.;

Revocation of Registration

On July 28, 1999, the Deputy

Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration (DEA), issued an Order

to Show Cause to Charles W. Marshall,

D.P.M., of Chicago, Illinois, notifying

him of an opportunity to show cause as

to why DEA should not revoke his DEA

Certificate of Registration BM2648472

pursuant to 21 U.S.C. 824(a)(3), and

deny any pending applications for

renewal of such registration pursuant to

21 U.S.C. 8231(f), for reason that he is

not currently authorized to handle

controlled substances in the State of

Illinois. The order also notified Dr.