[Federal Register: February 3, 1999 (Volume 64, Number 22)]
[Notices]               
[Page 5313-5314]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03fe99-83]

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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

 
Wendell Leondrus Chestnut, M.D. Revocation of Registration

    On July 23, 1997, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Wendell Leondrus Chestnut, M.D., of 
Philadelphia, Pennsylvania, notifying him of an opportunity to show 
cause as to why DEA should not revoke his DEA Certificate of 
Registration AC2513972 under 21 U.S.C. 824(a)(3), and deny any pending 
applications for registration pursuant to 21 U.S.C. 823(f), for reason 
that he is not currently authorized to handle controlled substances in 
the Commonwealth of Pennsylvania. The order also notified Dr. Chestnut 
that should no request for a hearing be filed within 30 days, his 
hearing right would be deemed waived.
    Dr. Chestnut was ultimately served with the Order to Show Cause on 
January 23, 1998. No request for a hearing or any other reply was 
received by the DEA from Dr. Chestnut or anyone purporting to represent 
him 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. Chestnut is deemed to have waived his 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 effective October 22, 1996, the 
Commonwealth of Pennsylvania, State Board of Medicine indefinitely 
suspended Dr. Chestnut's license to practice medicine and surgery in 
Pennsylvania based upon his failure to purchase professional liability 
insurance and to pay annual surcharges since January 1992. Dr. Chestnut 
did not present any evidence to indicate that he is licensed to 
practice medicine in Pennsylvania.
    The Deputy Administrator finds that Dr. Chestnut is not currently 
licensed to practice medicine in the Commonwealth of Pennsylvania and 
therefore, it is reasonable to infer that he 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 he conducts his business. 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. Chestnut is not currently authorized to 
handle controlled substances in the Commonwealth of Pennsylvania. As a 
result, Dr. Chestnut is not entitled to a DEA registration in that 
state.
    Accordingly, the Deputy Administrator of the Drug Enforcement

[[Page 5314]]

Administration, pursuant to the authority vested in him by 21 U.S.C. 
823 and 28 CFR 0.100(b) and 0.104, hereby orders that DEA Certificate 
of Registration AC2513972, previously issued to Wendell Leondrus 
Chestnut, 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 5, 1999.

    Dated: January 5, 1999.
Donnie R. Marshall,
Deputy Administrator.
[FR Doc. 99-2467 Filed 2-2-99; 8:45 am]
BILLING CODE 4410-09-M