Jovencio L. Raneses, M.D.; Denial of Application, 11563-11564 [2010-5198]

Agencies

• Drug Enforcement Administration
• Department of Justice

[Federal Register Volume 75, Number 47 (Thursday, March 11, 2010)]
[Notices]
[Pages 11563-11564]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5198]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Jovencio L. Raneses, M.D.; Denial of Application

    On August 28, 2009, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration, issued an Order to 
Show Cause to Jovencio L. Raneses, M.D. (Respondent), of San Diego, 
California. The Show Cause Order proposed the revocation of 
Respondent's DEA Certificate of Registration, BR5257907, which 
authorized him to dispense controlled substances in schedules II 
through V as a practitioner, and the denial of any pending applications 
to renew or modify his registration, on the ground that Respondent 
lacks authority to handle controlled substances in California, the 
State in which he is registered. Show Cause Order at 1 (citing 21 
U.S.C. 823(f) & 824(a)(3)). The Order further notified Respondent of 
his rights to contest the action under 21 CFR 1301.43(a) & (c), and 
that if he failed to request a hearing, he would be deemed to have 
waived his right to a hearing. Show Cause Order at 2.
    As evidenced by the signed return receipt card, on August 31, 2009, 
the Government served the Show Cause Order on Respondent by certified 
mail to his residence in San Marcos, California. GX B. Since that time, 
neither Respondent, nor anyone purporting to represent him, has either 
requested a hearing on the allegations or submitted a written statement 
in lieu of a hearing. Accordingly, I find that Respondent has waived 
both his right to a hearing and his right to submit a written statement 
in lieu of a hearing. See 21 CFR 1301.43(d). I therefore enter this 
Decision and Final Order without a hearing based on evidence contained 
in the record submitted by the Government. I make the following 
findings.

Findings

    Respondent previously held DEA Certificate Registration, BR5257907, 
which authorized him to dispense controlled substances in schedules 2N, 
3N, 4 and 5, as a practitioner, at the registered location of 1666 
Garnet Avenue,  708, San Diego, California. GX E, at 1. On May 
1, 2003, Respondent last renewed this registration; the registration 
was assigned an expiration date of April 30, 2006. Id. On September 27, 
2006, nearly five months after the registration expired, Respondent 
submitted an application to renew this registration. Id. Based on the 
above, I find that Respondent has a current application before the 
Agency. However, I conclude that because Respondent did not file a 
timely application to renew the registration, the registration has not 
remained in effect pending the issuance of the Final Order in this 
matter. See 5 U.S.C. 558(c) (``When the licensee has made timely and 
sufficient application for a renewal or a new license in accordance 
with agency rules, a license with reference to an activity of a 
continuing nature does not expire until the application has been 
finally determined by the agency.'') (emphasis added).
    Respondent also previously held Physician's and Surgeon's 
Certificate No. C37687, which was issued by the Medical Board of 
California. See In re Jovencio L. Raneses, M.D., Default Decision and 
Order, at 1 (Med. Bd. of Cal., Jan. 27, 2009). However, the certificate 
expired on April 30, 2007, and was not renewed. Id. Moreover, on May 
27, 2008, the Executive Director of the Board filed an accusation 
against Respondent alleging that he failed to comply with the Board's 
order of February 26, 2008 that he submit to psychiatric and physical 
examinations no later than 30 days from the date of the order. In re 
Jovencio L. Raneses, M.D., Accusation at 4-5. Based on

[[Page 11564]]

Respondent's failure to file a Notice of Defense to the Accusation 
within fifteen days as required by California law, the Board found that 
Respondent was in default and that the allegations of the accusation 
were true. Default Decision and Order, at 3-4. The Board then ordered 
that Respondent's Physician's and Surgeon's Certificate be revoked 
effective on February 26, 2009. Id. at 5. Moreover, according to the 
online records of the Board, Respondent's state license remains 
revoked.

Discussion

    Under the Controlled Substances Act (CSA), a practitioner must be 
currently authorized to handle controlled substances ``under the laws 
of the State in which he practices'' in order to obtain and maintain a 
DEA registration. See 21 U.S.C. 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.''). See also id. Sec.  802(21) (``[t]he term `practitioner' 
means a physician * * * 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''). As these provisions make plain, possessing 
authority under state law to handle controlled substances is an 
essential condition for holding a DEA registration.
    Because Respondent's California medical license has been revoked, 
he is without authority under state law to handle controlled substances 
and thus does not meet a fundamental statutory requirement for 
obtaining a new registration. See 21 U.S.C. 823(f); see also Richard 
Carino, M.D., 72 FR 71955, 71956 (2007). Accordingly, his application 
for a new DEA registration must be denied.

Order

    Pursuant to the authority vested in me by 21 U.S.C. 823(f), as well 
as 28 CFR 0.100(b) & 0.104, I order that the application of Jovencio L. 
Raneses, M.D., for a DEA Certificate of Registration, be, and it hereby 
is, denied. This Order is effective April 12, 2010.

    Dated: March 3, 2010.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 2010-5198 Filed 3-10-10; 8:45 am]
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