[Federal Register Volume 69, Number 189 (Thursday, September 30, 2004)]
[Notices]
[Pages 58545-58546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21960]



[[Page 58545]]

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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

[[Page 58546]]

 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]
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