Federal Register / Vol. 69, No. 189 / Thursday, September 30, 2004 / Notices 58545

DEPARTMENT OF JUSTICE

Drug Enforcement Administration 

David C. Phillips, M.D.; Revocation of 

Registration 

On December 17, 2003, the Deputy 

Asssistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration (DEA), issued an Order 

to Show cause to David C. Phillips, M.D. 

(Dr. Phillips) who was notified of an 

opportunity to show cause as to why 

DEA should not revoke his DEA 

Certificate of Registration, BP3145403, 

under 21 U.S.C. 824(a)(3) and (a)(4), and 

deny any pending applications for 

renewal or modification of that 

registration. Specifically, the Order to 

Show Cause alleged in relevant part, the 

following: 

1. Dr. Phillips’ Ohio medical license 

has been inactive since 1998 according 

to the Ohio State License Board. On 

September 17, 2001, he voluntarily 

surrendered his medical license to the 

Ohio State Medical Board (Ohio Board). 

On July 12, 2001, Dr. Phillips stated to 

his psychotherapist his realization of a 

‘‘sexual addiction problem.’’ Dr. Phillips 

does not currently have a state license 

or registration to practice medicine in 

Ohio, the state in which he is registered 

with DEA. 

2. On January 24, 2002, Dr. Phillips’

license to practice medicine in the State 

of Michigan was summarily suspended. 

This action was taken by the Michigan 

Board of Medicine Disciplinary 

Subcommittee (Michigan Board) 

because of Dr. Phillips’ inappropriate 

behavior with patients. On October 20, 

1999, he treated a patient in the 

emergency department at Bay Medical 

Center, Bay City, Michigan and made 

sexual advances towards the patient, but 

the patient refused his advances. Dr. 

Phillips then ordered for the patient 

100mg of Demerol, a Schedule II 

controlled substance, and proceeded to 

have inappropriate sexual contact with 

the patient. He then followed the patient 

home and continued to engage in 

additional inappropriate sexual contact 

with her. The summary suspension of 

the Michigan Board was dissolved on 

August 21, 2002, and Dr. Phillips’

medical license was suspended for three 

years. That suspension remains in effect 

until 2005. 

3. On October 8, 2003, DEA diversion 

investigators performed current checks 

of both the Michigan and Ohio licensing 

boards and confirmed that Dr. Phillips 

does not have a valid medical license in 

either state. Therefore, he is no longer 

authorized to handle controlled 

substances in either state. 

On December 17, 2003, the Order to 

Show Cause was sent by certified mail 

to Dr. Phillips’ registered location in 

Rossford, Ohio, with a second copy sent 

to a location in Adrian, Michigan. 

According to certified mail receipt 

records, copies of the Order to Show 

Cause were received on behalf of Dr. 

Phillips at each location. DEA has not 

received a request for hearing or any 

other reply from Dr. Phillips or anyone 

purporting to represent him in this 

matter. 

Therefore, the Deputy Administrator 

of DEA, finding that (1) thirty days 

having passed since the delivery of the 

Order to Show Cause to the registrant’s 

address of record, as well as to a second 

address, and (2) no request for hearing 

having been received, concludes that Dr. 

Phillips is deemed to have waived his 

hearing right. See David W. Linder, 67 

FR 12579 (2002). After considering 

material from the investigative file in 

this matter, the Deputy Administrator 

now enters her final order without a 

hearing pursuant to 21 CFR 1301.43(d) 

and (e) and 1301.46.

The Deputy Administrator finds that 

Dr. Phillips is currently registered with 

DEA as a practitioner. According to 

information in the investigative file, in 

January of 2001, Dr. Phillips sought to 

renew his DEA Certificate of 

Registration for his registered location 

in Rossford, Ohio. As part of its 

subsequent pre-registrant investigation 

of his application for renewal, DEA 

learned from the Ohio Medical Board 

that Dr. Phillips’ medical license in that 

state was inactive. 

A DEA diversion investigator 

subsequently inquired with Dr. Phillips 

about the status of his Ohio medical 

license. Dr. Phillips informed the 

investigator that he lived in Ohio, but 

worked as an emergency room 

physician at hospitals in Michigan. 

Following this conversation, Dr. Phillips 

requested that his DEA registration be 

modified to reflect an address at a 

practice location in Adrian, Michigan. 

For unspecified reasons, Dr. Phillips’

DEA registration was renewed for the 

Ohio location, but was not modified to 

reflect his professional practice location 

in Michigan. 

Included in the investigative file is an 

Administrative Complaint filed against 

Dr. Phillips’ Michigan medical license 

on January 22, 2002. The complaint 

alleged, that on September 17, 2001, Dr. 

Phillips agreed to surrender his 

certificate to practice medicine and 

surgery in Ohio as a result of his having 

inappropriate sexual contact with a 

patient. Following the issuance of the 

Administrative Complaint, the Michigan 

Board then issued an order dated 

January 24, 2002, summarily 

suspending Dr. Phillips’ state medical 

license. The matters which led to the 

summary suspension of Dr. Phillips’

Michigan medical license were also 

related to his inappropriate sexual 

contact with several patients. 

By Consent Order dated August 21, 

2002, the Michigan Board dissolved the 

summary suspension of January 24, 

2002. The parties further agreed 

however, that based upon violations 

outlined in the previous Administrative 

Complaint, Dr. Phillips’ state medical 

license would be suspended for a period 

of three years. 

On October 8, 2003, the DEA Detroit 

(Michigan) Field Division inquired with 

both the Ohio and Michigan licensing 

boards about Dr. Phillips’ licensure 

status in those jurisdictions. DEA was 

informed that Dr. Phillips is not 

currently licensed to practice medicine 

in either state. There is no evidence 

before the Deputy Administrator that Dr. 

Phillips’ Ohio state medical license has 

been reinstated or that the three-year 

suspension of his Michigan medical 

license has been lifted. 

Pursuant to 21 U.S.C. 824(a), the 

Deputy Administrator may revoke a 

DEA Certificate of Registration if she 

finds that the registrant has had his state 

license revoked and is no longer 

authorized to dispense controlled 

substances or has committed such acts 

as would render his registration 

contrary to the public interest as 

determined by factors listed in 21 U.S.C. 

823(f). Thomas B. Pelkowski, D.D.S., 57 

FR 28538 (1992). Nevertheless, despite 

findings of the Ohio and Michigan 

Boards regarding Dr. Phillips’

inappropriate conduct with patients 

under his care, and notwithstanding 

other public interest factors for the 

revocation of his DEA registration 

asserted herein, the more relevant 

consideration is the present status of Dr. 

Phillips’ state authorization to handle 

controlled substances. 

DEA does not have 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 business. See 21 U.S.C. 

802(21), 823(f) and 824(a)(3). This 

prerequisite has been consistently 

upheld. See Rory Patrick Doyle, M.D., 

69 FR 11655 (2004); Dominick A. Ricci, 

M.D., 58 FR 51104 (1993); Bobby Watts, 

M.D., 53 FR 11919 (1988). 

Here, it is clear that Dr. Phillips has 

surrendered his Ohio medical license 

and his Michigan medical license has 

been suspended. It is reasonable to infer 

that he is currently not authorized to 

58546 Federal Register / Vol. 69, No. 189 / Thursday, September 30, 2004 / Notices 

1The Order to Show Cause alternates the spelling 

of the registrant’s last name between Salah and 

Saleh. Since it appears from attached 

correspondences in the investigative file that the 

common spelling of the registrant’s name is Saleh, 

the Deputy Administrator will refer to the 

registrant’s name in a similar fashion.

handle controlled substances in Ohio or 

Michigan and therefore, not entitled to 

a DEA registration in either jurisdiction. 

As a result of a finding that Dr. Phillips 

lacks any state authorization to handle 

controlled substances, the Deputy 

Administrator concludes that it is 

unnecessary to address further whether 

his DEA registration should be revoked 

based upon the public interest grounds 

asserted in the Order to Show Cause. 

See Samuel Silas Jackson, D.D.S., 67 FR 

65145 (2002); Nathaniel-Aikens-Afful, 

M.D., 62 FR 16871 (1997); Sam F. 

Moore, D.V.M., 58 FR 14428 (1993). 

Accordingly, the Deputy 

Administrator of the Drug Enforcement 

Administration, pursuant to the 

authority vested in her by 21 U.S.C. 823 

and 824 and 28 CFR 0.100(b) and 0.104, 

hereby orders that DEA Certificate of 

Registration, BP3145403, issued to 

David C. Phillips, M.D., be, and it 

hereby is, revoked. The Deputy 

Administrator further orders that any 

pending applications for renewal or 

modification of such registration be, and 

they hereby are, denied. This order is 

effective November 1, 2004.

Dated: September 8, 2004. 

Michele M. Leonhart, 

Deputy Administrator.

[FR Doc. 04–21960 Filed 9–29–04; 8:45 am] 

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration 

Manufacturer of Controlled 

Substances; Notice of Registration 

By Notice dated May 21, 2004, and 

published in the Federal Register on 

June 3, 2004, (69 FR 31414), Research 

Triangle Institute, Kenneth H. Davis Jr., 

Hermann Building East Institute Drive, 

P.O. Box 12194, Research Triangle Park, 

North Carolina 27709, made application 

by renewal to the Drug Enforcement 

Administration (DEA) to be registered as 

a bulk manufacturer of the basic classes 

of controlled substances:

Drug Schedule 

Marihuana (7360) ......................... I 

Cocaine (9041) ............................. II 

The Institute will manufacture small 

quantities of cocaine derivates and 

marihuana derivatives for use by their 

customers primarily in analytical kits, 

reagents and standards. 

No comments or objections have been 

received. DEA has considered the 

factors in 21 U.S.C. 823(a) and 

determined that the registration of 

Research Triangle Institute to 

manufacture the listed basic classes of 

controlled substances is consistent with 

the public interest at this time. DEA has 

investigated Research Triangle Institute 

to ensure that the company’s 

registration is consistent with the public 

interest. The investigation has included 

inspection and testing of the company’s 

physical security systems, verification 

of the company’s compliance with state 

and local laws, and a review of the 

company’s background and history. 

Therefore, pursuant to 21 U.S.C. 823, 

and in accordance with 21 CFR 1301.33, 

the above named company is granted 

registration as a bulk manufacturer of 

the basic classes of controlled 

substances listed.

Dated: September 8, 2004. 

William J. Walker, 

Deputy Assistant Administrator, Office of 

Diversion Control Drug Enforcement 

Administration.

[FR Doc. 04–21951 Filed 9–29–04; 8:45 am] 

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration 

Import of Controlled Substances; 

Notice of Registration 

By Notice dated May 21, 2004 and 

published in the Federal Register on 

June 3, 2004, (69 FR 31413–31414), 

Research Triangle Institute, Kenneth H. 

Davis, Jr., Hermann Building East 

Institute Drive, PO Box 12194, Research 

Triangle Park, North Carolina 27709, 

made application by renewal to the 

Drug Enforcement Administration 

(DEA) to be registered as an importer of 

the following basic classes of controlled 

substance:

Drug Schedule 

Marihuana (7360) ......................... I 

Cocaine (9041) ............................. II 

The company plans to import small 

quantities of the listed substances for 

the National Institute of Drug Abuse and 

other clients. 

No comments or objections have been 

received. DEA has considered the 

factors in 21 U.S.C. 823(a) and 952(a) 

and determined that the registration of 

Research Triangle Institute to import the 

basic classes of controlled substances is 

consistent with the public interest and 

with United States obligations under 

international treaties, conventions, or 

protocols in effect on May 1, 1971, at 

this time. DEA has investigated 

Research Triangle Institute to ensure 

that the company’s registration is 

consistent with the public interest. The 

investigation has included inspection 

and testing of the company’s physical 

security systems, verification of the 

company’s compliance with state and 

local laws, and a review of the 

company’s background and history. 

Therefore, pursuant to 21 U.S.C. 952(a) 

and 958(a), and in accordance with 21 

CFR 1301.34, the above named company 

is granted registration as an importer of 

the basic class of controlled substance 

listed.

Dated: September 15, 2004. 

William J. Walker, 

Deputy Assistant Administrator, Office of 

Diversion Control Drug Enforcement 

Administration.

[FR Doc. 04–21953 Filed 9–29–04; 8:45 am] 

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration 

Saeed Saleh, M.D.; Revocation of 

Registration 

On December 8, 2003, the Deputy 

Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration (DEA), issued an Order 

to Show Cause to Saeed Seleh,1 M.D. 

(Dr. Saleh) notifying him of an 

opportunity to show cause as to why 

DEA should not revoke his Certificate of 

Registration, AS5912387, under 21 

U.S.C. 824(a)(3) and (a)(4), and deny any 

pending applications for renewal or 

modification of that registration 

pursuant to 21 U.S.C. 823(f). 

Specifically, the Order to show Cause 

alleged in relevant part, the following:

(1) Effective June 2, 2001, the State of 

Michigan, Department of Consumer and 

Industry Services, Board of Medicine 

Disciplinary Subcommittee, suspended 

Dr. Saleh’s licensure privileges. On 

September 19, 2001, the Subcommittee 

dissolved the summary suspension and 

suspended Dr. Saleh’s medical license 

for six months and one day. Because 

reinstatement of his medical license 

following the suspension was not 

automatic, Dr. Saleh was required to 

apply for reinstatement, which he failed 

to do. As of September 4, 2003, Dr. 

Saleh’s medical license was considered 

‘‘lapsed’’, as it expired on January 31, 

2003.