[Federal Register: June 23, 1999 (Volume 64, Number 120)]
[Notices]               
[Page 33516-33517]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn99-108]                         

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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

 
John Robert Harrison, M.D.; Revocation of Registration

    On November 17, 1998, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to John Robert Harrison, M.D., of Rhode Island, 
notifying him of an opportunity to show cause as to why DEA should not 
revoke his DEA Certificate of Registration AH6477942 under 21 U.S.C. 
824(a)(3), and deny any pending applications for renewal of his 
registration pursuant to 21 U.S.C. 823(f), for reason that he is not 
currently authorized to handle controlled substances in the State of 
Rhode Island. The order also notified Dr. Harrison that should no 
request for a hearing be filed within 30 days, his hearing right would 
be deemed waived.
    The Order to Show Cause was sent by registered mail to Dr. 
Harrison's registered location in Rhode Island, and was returned to 
DEA. Another copy of

[[Page 33517]]

the Order to Show Cause was sent to Dr. Harrison at an address in 
Massachusetts. On November 24, 1998, DEA received a signed receipt for 
this Order to Show Cause. No request for a hearing or any other reply 
has been received by DEA from Dr. Harrison or anyone purporting to 
represent his 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. Harrison 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) 1301.46.
    The Deputy Administrator finds that Dr. Harrison currently 
possesses DEA Certificate of Registration AH6477942, issued to him in 
Rhode Island. In an Administrative Decision dated July 8, 1998, the 
Rhode Island Department of Health, Board of Medical Licensure and 
Discipline (Board) revoked Dr. Harrison's license to practice medicine. 
The Board concluded ``that (Dr. Harrison) is seriously impaired and 
incompetent to practice.''
    The Deputy Administrator concludes that Dr. Harrison is not 
currently licensed to practice medicine in the State of Rhode Island 
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. See 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. Harrison is not currently authorized to 
handle controlled substances in the State of Rhode Island. As a result, 
Dr. Harrison 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 and 28 CFR 0.100(b) and 0.104, hereby orders that DEA 
Certificate of Registration AH6477942, previously issued to John Robert 
Harrison, 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 
July 23, 1999.

    Dated: June 14, 1999.
Donnie R. Marshall,
Deputy Administrator.
[FR Doc. 99-15880 Filed 6-22-99; 8:45 am]
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