[Federal Register Volume 65, Number 24 (Friday, February 4, 2000)]
[Notices]
[Page 5689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2533]



[[Page 5689]]

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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


C. Van Nostrand-Perkins, M.D.; Revocation of Registration

    On August 5, 1999, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to C. Van Nostrand-Perkins, M.D., of Huntington 
Beach, California, notifying her of an opportunity to show cause as to 
why DEA should not revoke her DEA Certificate of Registration BP3939165 
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. 823(f), for reason 
that she is not currently authorized to handle controlled substances in 
the State of California. The order also notified Dr. Van Nostrand-
Perkins that should no request for a hearing be filed within 30 days, 
her hearing right would be deemed waived.
    DEA received a signed receipt indicating that the Order to Show 
Cause was received on or about August 13, 1999. No request for a 
hearing or any other reply was received by the DEA from Dr. Van 
Nostrand-Perkins or anyone purporting to represent her in this matter. 
Therefore, the Deputy Administrator, finding that (1) 30 days have 
passed since the receipt of the Order to Show Cause, and (2) no request 
for a hearing having been received, concludes that Dr. Van Nostrand-
Perkins is deemed to have waived her hearing right. After considering 
material from the investigative file in this matter, the Deputy 
Administrator now enters his final order without a hearing pursuant to 
21 C.F.R. 1301.43(d) and (e) and 1301.46. This final order replaces and 
supersedes the final order issued on January 3, 2000.
    The Deputy Administrator finds that Dr. Van Nostrand-Perkins 
currently possesses DEA Certificate of Registration BP3939165 issued to 
her in California. The Deputy Administrator further finds that 
effective August 14, 1997, the Division of Medical Quality, Medical 
Board of California, Department of Consumer Affairs, State of 
California revoked Dr. Van Nostrand-Perkins' license to practice 
medicine. The Deputy Administrator concludes that Dr. Van Nostrand-
Perkins is not currently licensed to practice medicine in California, 
and therefore it is reasonable to infer that she is not currently 
authorized to handle controlled substances in that state.
    The DEA does not have the 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 her 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 Dr. Van Nostrand-Perkins is not currently 
authorized to handle controlled substances in the State of California. 
As a result, she is not entitled to a DEA registration in that state.
    Accordingly, the Deputy Administrator of the Drug Enforcement 
Administration, pursuant to the authority vested in him by 21 U.S.C. 
823 and 824 C.F.R. 0.100(b) and 0.104, hereby orders that DEA 
Certificate of Registration BP3939165, previously issued to C. Van 
Nostrand-Perkins, M.D., be, and it hereby is, revoked. The Deputy 
Administrator further orders that any pending applications for the 
renewal of such registration, be, and they hereby are, denied. This 
order is effective March 6, 2000, and is considered the final agency 
action for appellate purposes pursuant to 21 U.S.C. 877.

    Dated: January 18, 2000.
Donnie R. Marshall,
Deputy Administrator.
[FR Doc. 00-2533 Filed 2-3-00; 8:45 am]
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