[Federal Register: December 11, 2002 (Volume 67, Number 238)]
[Notices]
[Page 76192-76193]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11de02-54]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Minakshi B. Deshmukh, M.D., Revocation of Registration, Denial of
Application
On July 11, 2002, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Minakshi B. Deshmukh, M.D. (Dr. Deshmukh) of
Midland, Michigan, notifying her of an opportunity to show cause as to
why DEA should not revoke her DEA Certificate of Registration,
BD4361692 pursuant to 21 U.S.C. 824(a)(3), and deny any pending
applications for registration pursuant to 21 U.S.C. 823(f). The Order
to Show cause alleged that Dr. Deshmukh was not authorized to handle
controlled substances in the States of Michigan (where she has applied
for a new DEA registration) or Ohio (the state in which she is
currently registered). The Order to Show Cause also notified Dr.
Deshmukh that should no request for a hearing be filed within 30 days,
her hearing right would be deemed waived.
The Order to Show Cause was sent by certified mail to Deshmukh at a
location in Midland, Michigan, and DEA received a signed receipt
indicating that it was received on July 17, 2002. DEA has not received
a request for hearing or any other reply from Dr. Deshmukh or anyone
purporting to represent her in this matter.
Therefore, the Deputy Administrator, finding that (1) 30 days have
passed since receipt of the Order to Show Cause, and (2) no request for
a hearing have been received, concludes that Dr. Deshmukh 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 CFR 1301.43(d) and (e)
and 1301.46.
The Deputy Administrator finds that Dr. Deshmukh currently holds
DEA Certificate of Registration BD4361692, as a practitioner. Her
current registered location is in Oregon, Ohio and that registration
expires on June 30, 2004. Only June 5, 2001, Dr. Deshmukh submitted an
application for a new DEA Certificate of Registration as a practitioner
at a location in Midland, Michigan.
A review of the investigative file reveals that on June 5, 2001,
the Michigan Board of Medicine (Michigan Board) entered an Order of
Summary Suspension of Dr. Deshmukh's license to practice medicine in
that state. Following the issuance of the above Order, and effective
March 20, 2002, Mr. Deshmukh and the Michigan Board entered into a
Consent Order. The terms of the Consent Order included the six-month
suspension of Dr. Deshmukh's license to practice medicine, and as a
condition of reinstatement, her agreement to submit to a psychological
and psychiatric examination, as well as a neurological evaluation.
[[Page 76193]]
The investigative file also reveals that in response to the
Michigan Board's June 2001 Order of Summary Suspension, and effective
August 8, 2001, Dr. Deshmukh and the Ohio Medical Board entered into a
Consent Agreement. Among the terms agreed to by the parties was the
indefinite suspension of Dr. Deshmukh's medical license in that state.
There is no evidence in the record that Dr. Deshmukh's licenses to
practice medicine in Michigan and Ohio have been reinstated. Therefore,
the Deputy Administrator finds that since Dr. Deshmukh is not currently
authorized to practice medicine in either jurisdiction, it is
reasonable to infer that she is not authorized to handle controlled
substances in those states.
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 business. See 21 U.S.C. 802(21),
823(f) and 824(a)(3). This prerequisite has been consistently upheld.
See Joseph Thomas Allevi M.D., 67 FR 35581 (2002); Carla Johnson, M.D.,
66 FR 52939 (2001); Graham Travers Schuler, M.D., 65 FR 50570 (2000);
Dominick A. Ricci, M.D., 58 FR 51104 (1993), Bobby Watts, M.D., 53 FR
11919 (1988).
Here, it is clear that Dr. Deshmukh is not licensed to handle
controlled substances in Michigan and Ohio, the states in which she
seeks registration and is currently registered with DEA, respectively.
Therefore, she is not entitled to a DEA registration in those states.
Accordingly, the Deputy Administrator of the Drug Enforcement
Administration, pursuant to the authority vested in him by 21 U.S. 823
and 824 and 28 CFR 0.100(b) and 0.104, hereby orders that DEA
Certificate of Registration, BD4361692, issued to Minakshi B.
Deshumukh, M.D., be, and it hereby is, revoked. The Deputy
Administrator further orders that Dr. Deshmukh's pending application
for DEA registration dated June 5, 2001, is denied. This order is
effective January 23.
Dated: November 20, 2002.
John B. Brown, III
Deputy Administrator.
[FR Doc. 02-31208 Filed 12-10-02; 8:45 am]
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