The Drug Enforcement Administration has denied the application of Mert Kivanc, a doctor of osteopathic medicine based in Dunn Loring, Virginia, for a Certificate of Registration to handle controlled substances. This action, detailed in a Federal Register notice dated October 21, 2025, stems from Kivanc's lack of current state authority to practice medicine in Virginia due to a suspended license. The denial highlights the foundational requirement under federal law that practitioners must hold valid state licenses to obtain DEA registration. Issued under the authority of the Controlled Substances Act, the decision underscores the interplay between state and federal oversight of controlled substances. It became effective November 20, 2025, following a procedural history marked by Kivanc's noncompliance with administrative orders.
Procedural Background
The case originated on November 28, 2022, when the DEA issued an Order to Show Cause to Kivanc, proposing to deny his application, Control No. W22078481C. The OSC alleged material falsification of the application and that granting registration would be inconsistent with the public interest, citing 21 U.S.C. 823(g)(1) and 824(a)(1), (a)(4). Kivanc requested a hearing on December 19, 2022, prompting assignment to an Administrative Law Judge who initiated prehearing proceedings.
However, proceedings terminated on February 16, 2023, due to Kivanc's repeated failure to comply with the ALJ's orders. Specifically, Kivanc submitted three noncompliant prehearing statements and failed to file an answer to the OSC as required. The ALJ deemed this noncompliance an implied waiver of the hearing request, a determination supported by agency precedent such as Robert L. Carter, D.D.S., 90 FR 9631 (2025), which affirmed an ALJ's discretion to find waiver based on failure to file compliant documents. The ALJ's action aligned with 5 U.S.C. 556(c), granting authority to regulate hearings and dispose of procedural matters.
Service of the OSC was confirmed adequate, with delivery to Kivanc's registered email and mailing address in late 2022 and early 2023. Kivanc's timely hearing request further indicated proper notice.
Introduction of Lack of State Authority Allegation
In a subsequent Request for Final Agency Action filed on February 26, 2025, the government introduced a new ground for denial: Kivanc's lack of authority to handle controlled substances in Virginia. This allegation invoked 21 U.S.C. 824(a)(3), which permits denial if a registrant's state license is suspended or revoked, rendering them unauthorized under state law.
The agency provided due process through a Notice of Allegation and Briefing Order served on July 11, 2025, allowing Kivanc 15 days to respond. Kivanc's untimely correspondence on July 30, 2025, and additional submissions in September 2025 appeared to concede the suspension, with requests for restoration of his licenses. The government responded on August 5, 2025, attaching evidence including a March 2023 Order of Mandatory Suspension from the Virginia Department of Health Professions and a website printout confirming the suspension as of that date.
Virginia online records, officially noticed by the DEA, further verified the suspended status of Kivanc's medical license as of the order's signature date. No evidence was submitted by Kivanc to contradict this finding.
Legal Framework and Precedents
The denial rests on established interpretations of the Controlled Substances Act. Under 21 U.S.C. 823(g)(1), the DEA registers practitioners only if they are authorized to dispense controlled substances under state law. The term 'practitioner' is defined in 21 U.S.C. 802(21) as a person licensed by the relevant jurisdiction to distribute or dispense such substances in professional practice.
Virginia law reinforces this, defining 'dispense' as delivering a drug pursuant to a practitioner's order (Va. Code Sec. 54.1-3401) and 'practitioner' as a licensed person permitted to handle controlled substances (same section). A 'physician' must be licensed in Virginia or the jurisdiction of practice (Va. Code Sec. 54.1-2982).
Agency precedents consistently hold that loss of state authority precludes DEA registration. For instance, in James L. Hooper, M.D., 76 FR 71371 (2011), affirmed by the Fourth Circuit, the DEA revoked a registration upon state license suspension. Similarly, Frederick Marsh Blanton, M.D., 43 FR 27616 (1978), established that state authorization is a fundamental condition. The Supreme Court's ruling in Gonzales v. Oregon, 546 U.S. 243 (2006), affirmed that federal registration depends on state licensure.
The decision noted that the original OSC allegations of material falsification and public interest were not addressed, as lack of state authority provided sufficient basis for denial.
Key Players and Perspectives
Key players include the DEA, represented by its administrative personnel and the ALJ, and Kivanc as the applicant. The Virginia Department of Health Professions played a pivotal role by suspending Kivanc's license in March 2023, though details of the suspension's basis are not elaborated in the notice.
From the government's perspective, the denial protects public interest by ensuring only state-authorized practitioners handle controlled substances, aligning with the CSA's dual federal-state regulatory scheme. Critics of such denials might argue they create barriers to practice reinstatement, potentially exacerbating physician shortages, though the notice avoids endorsing views. Kivanc's submissions suggest a desire for license restoration, indicating possible future challenges to the state suspension.
Implications
In the short term, the denial prevents Kivanc from handling controlled substances in Virginia, impacting his ability to practice in fields requiring such authority, such as rheumatology. Long-term, it sets a precedent reinforcing the primacy of state licensure in federal decisions, potentially influencing similar cases nationwide.
Broader implications include the procedural emphasis on compliance with ALJ orders, as seen in precedents like David H. Betat, M.D., 87 FR 21175 (2022), where noncompliance led to waiver. This could deter procedural lapses in future proceedings.
The decision also highlights recent CSA amendments, such as the Medical Marijuana and Cannabidiol Research Expansion Act of 2022, which redesignated relevant sections but did not alter the state authority requirement.
The DEA's final order summarizes that Kivanc's suspended Virginia medical license renders him ineligible for registration. Potential next steps include Kivanc seeking reinstatement of his state license through Virginia's administrative processes. If successful, he could reapply for DEA registration, though any prior falsification allegations might resurface. Ongoing debates in federal drug policy may involve balancing state autonomy with national standards, particularly amid evolving views on controlled substances like cannabis. Challenges could arise if Kivanc disputes the findings, with opportunities for reconsideration under agency rules.