Applications, hearings, determinations, etc.: Pettigrew Rexall Drugs,

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Federal Register: October 6, 1999 (Volume 64, Number 193)NoticesPage 54356-54357From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr06oc99-138

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

Docket No. 96-32Pettigrew Rexall Drugs Reinstatement of Registration

On February 16, 1999, the Deputy Administrator of the Drug Enforcement Administration (DEA) issued a final order revoking DEA Certificate of Registration AP0406911 issued to Pettigrew Rexall Drugs (Respondent), effective March 25, 1999. See 64 FR 8855 (February 23, 1999). The Deputy Administrator further ordered that the revocation be stayed for six months from the effective date of the order ``during which time Respondent must present evidence to the Deputy Administrator of Mr. Pettigrew's completion of a training course regarding the proper handling of controlled substances and must submit to random unannounced inspections by DEA personnel without requiring an administrative inspection warrant.'' Id. The Deputy Administrator noted that should Respondent not comply with these conditions or if it is determined that further violations have occurred, an order would be issued lifting the stay and Respondent's DEA Certificate of Registration would be revoked. The Deputy Administrator further noted that should Respondent submit the required information in a timely manner and it is determined that no violations have occurred, a subsequent order would be issued reinstating Respondent's DEA Certificate of Registration and renewing it without limitations.

By letter dated June 4, 1999, Respondent's counsel forwarded a copy of a document entitled, ``Certification of Continuing Pharmaceutical Education Participation'' from the University of Tennessee College of Pharmacy dated May 28, 1999. The document seemed to indicate that Jimmie Max Pettigrew completed the course entitled Tennessee Pharmacy and Drug Law. In addition, the document had handwritten notations of grades allegedly received for the eight assignments of the course. In the letter forwarding this document, Respondent's counsel stated that ``[w]e are submitting this certification of continuing pharmaceutical education participation copy as evidence of Mr. Pettigrew's compliance with your order of February 16, 1999.''

By letter dated June 8, 1999, the Deputy Administrator's office notified Respondent's counsel that based upon the information provided, the Deputy Administrator was unable to determine whether Mr. Pettigrew has successfully completed a course regarding the proper handling of controlled substances. The certification was not signed and there was no indication who wrote the grades listed on the certification.

Thereafter on July 20, 1999, Respondent's counsel forwarded affidavits from the Assistant Dean for Continuing Education and Public Service for the University of Tennessee College of Pharmacy and from Jimmie Max Pettigrew, Respondent's owner and pharmacist, which indicate that Mr. Pettigrew has successfully completed a course in the proper handling of controlled substances.

No evidence has been presented to the Deputy Administrator that any inspections by DEA have revealed any further violations relating to the handling of controlled substances.

The Deputy Administrator concludes that Respondent has met the conditions set forth in the February 16, 1999 final order, and as a result, DEA Certificate of Registration AP0406911 shall be reinstated and renewed. Respondent is reminded that it is required to indicate that there has been action taken against its DEA Certificate of Registration in response to the liability question on any future applications.

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Accordingly, the Deputy Administrator of the Drug Enforcement Administration, pursuant to the authority vested in him by 21 U.S.C. 923 and 924 and 28 CFR 0.100(b) and 0.104, hereby orders that DEA Certificate of Registration AP0406911, issued to Pettigrew Rexall Drugs, be, and it hereby is, reinstated and renewed. This order is effective immediately.

Dated: September 24, 1999. Donnie R. Marshall, Deputy Administrator.

FR Doc. 99-25902Filed10-5-99; 8:45 amBILLING CODE 4410-09-M

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