Registrant Actions - 2012
[Federal Register Volume 77, Number 158 (Wednesday, August 15, 2012)]
[Notices]
[Page 49024]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20008]
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Sai Wentum, M.D.; Decision and Order
On March 20, 2012, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration, issued an Order to
Show Cause to Sai Wentum, M.D. (Registrant), of Nashville, Tennessee.
GX 4. The Show Cause Order proposed the revocation of Registrant's DEA
Certificate of Registration FW2529672, which authorizes him to dispense
controlled substances as a practitioner, on the ground that Registrant
does not possess authority under the laws of the State of Tennessee,
the State in which he is registered with DEA, to dispense controlled
substances. Id. at 1 (citing 21 U.S.C. 824(a)(3)). In particular, the
Show Cause Order alleged that Registrant is currently unlicensed to
practice medicine and without authority to handle controlled substances
in the State of Tennessee as a result of "actions by the Tennessee
Board of Medical Examiners." \1\ Id.
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\1\ The Show Cause Order does not specifically set forth the
actions allegedly taken by the Tennessee Board of Medical Examiners.
See GX 4, at 1.
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The Show Cause Order also notified Registrant of his right to
request a hearing on the allegations or to submit a written statement
regarding the matters of fact and law asserted in lieu of a hearing,
the procedures for doing either, and the consequences for failing to do
either. Id. at 2 (citing 21 CFR 1301.43(a), (c), (d), & (e)). On March
28, 2012, the Show Cause Order was served on Respondent by certified
mail addressed to him at his registered locations in both Nashville,
Tennessee and Detroit, Michigan. GX 5 & GX 6. Since the date of service
of the Show Cause Order, thirty days have now passed and neither
Registrant, nor anyone purporting to represent him, has requested a
hearing or submitted a statement in lieu of a hearing. I therefore find
that Registrant has waived his right to a hearing or to submit a
written statement in lieu of a hearing and issue this Decision and
Final Order based on relevant evidence contained in the record
submitted by the Government. 21 CFR 1301.43(d) & (e). I make the
following findings of fact.
Findings
Registrant is the holder of DEA Certificate of Registration
FW2529672, which authorizes him to dispense controlled substances in
schedules II through V, as a practitioner, at the registered address of
213 W. Maplewood Lane, Suite 400, Nashville, Tennessee 37207. GX 1. His
registration has an expiration date of May 31, 2014. Id.
By letter dated June 7, 2011, the Tennessee Board of Medical
Examiners (hereinafter, the Board) notified Registrant that the Board
had voted to deny his application for licensure as a medical doctor and
that his temporary license, previously issued on April 1, 2011, had
been rescinded. GX 2. After Registrant appealed the Board's decision to
deny his application for licensure, the Board issued an Agreed Order on
November 16, 2011. GX 3. The Board found that Registrant is not
qualified to obtain a Tennessee medical license because he is not a
graduate of a board-approved international medical school, as required
by Tenn. Code Ann. Sec. 63-6-207 and Tenn. Comp. R. & Reg. Rule 0880-
02-04. Id. at 3. Registrant admitted the truth of the allegations
contained in the Agreed Order. Id. at 2. Accordingly, the Board denied
Registrant's application for licensure as a medical doctor. Id. at 4. I
therefore find that Registrant currently lacks authority under
Tennessee law to dispense controlled substances.
Discussion
The Controlled Substances Act (CSA) grants the Attorney General
authority to revoke a registration "upon a finding that the registrant
* * * has had his State license or registration suspended [or] revoked
* * * and is no longer authorized by State law to engage in the * * *
distribution [or] dispensing of controlled substances." 21 U.S.C.
824(a)(3). Moreover, DEA has long held that a practitioner must be
currently authorized to handle controlled substances in the
jurisdiction in which he practices in order to maintain a DEA
registration. See Gerald T. Hanley, 53 FR 5658 (1988). This rule
derives from the text of the CSA, which defines "the term
'practitioner' [to] mean[] a * * * physician * * * or other person
licensed, registered or otherwise permitted, by * * * the jurisdiction
in which he practices * * * to distribute, dispense, [or] administer *
* * a controlled substance in the course of professional practice," 21
U.S.C. 802(21), and which imposes, as a condition for obtaining a
registration, that a practitioner be authorized to dispense controlled
substances under the laws of the State in which he practices. See id.
Sec. 823(f) ("The Attorney General shall register practitioners * * *
if the applicant is authorized to dispense * * * controlled substances
under the laws of the State in which he practices.").
As these provisions make plain, possessing authority under state
law to dispense controlled substances is an essential condition for
holding a DEA registration. See David W. Wang, 72 FR 54297, 54298
(2007); Sheran Arden Yeates, 71 FR 39130, 39131 (2006); Dominick A.
Ricci, 58 FR 51104, 51105 (1993); Bobby Watts, 53 FR 11919, 11920
(1988). DEA has therefore consistently held that revocation is the
appropriate sanction whenever a practitioner has lost his state
authority to dispense controlled substances. James L. Hooper, 76 FR
71371, 71372-73 (2011) (collecting cases), pet. for rev. denied Hooper
v. Holder, No. 11-2351, 2012 WL 2020079 (4th Cir. June 6, 2012)
(unpublished).
Because Registrant no longer has authority to dispense controlled
substances in the State in which he holds his DEA registration, he is
not entitled to maintain his DEA registration. See 21 U.S.C. 802(21),
823(f), and 824(a)(3). Accordingly, Registrant's registration will be
revoked.
Order
Pursuant to the authority vested in me by 21 U.S.C. 824(a), as well
as 28 CFR 0.100(b), I order that DEA Certificate of Registration
FW2529672, issued to Sai Wentum, M.D., be, and it hereby is, revoked.
This Order is effective September 14, 2012.
Dated: July 31, 2012
Michele M. Leonhart,
Administrator.
[FR Doc. 2012-20008 Filed 8-14-12; 8:45 am]
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