Federal Register / Vol. 69, No. 189 / Thursday, September 30, 2004 / Notices 58537

2001.’’ The court imposed a ten year 

penitentiary sentence, five years 

community supervision as well as a 

$4,000 fine and a fifteen day jail 

sentence as a condition of community 

supervision. In response to these 

matters, on September 25, 2003, the 

Board Staff filed a Complaint requesting 

a hearing on its merits and requesting 

that Dr. Aragon’s medical license be 

suspended or revoked. 

4. Dr. Aragon’s state medical license 

has been delinquent for non-payment 

since December 30, 2002, and his Texas 

Department of Public Safety Controlled 

Substances Registration expired on 

January 31, 2003, and has not been 

renewed. 

The Order to Show Cause was 

initially sent by certified mail to Dr. 

Aragon at his registered location in 

Irving, Texas; however, the order was 

returned to DEA by the United States 

Postal Service with a stamped notation: 

‘‘attempted, not known.’’ On February 6, 

2004, DEA mailed copies of the Order 

to Show Cause to Dr. Aragon at a 

residential location in Las Vegas, New 

Mexico, with an additional copy sent to 

a purported work address in Santa Rosa, 

New Mexico. The order sent to the 

purported work address was returned 

unclaimed, but the second order sent to 

the residential location was accepted on 

behalf of Dr. Aragon on February 9, 

2004. DEA has not received a request for 

hearing or any other reply from Dr. 

Aragon 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. 

Aragon 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. Aragon is currently registered with 

DEA as a practitioner. According to 

information in the investigative file, on 

or about May 15, 2002, Dr. Aragon 

entered into an Agreed Order with the 

Texas State Board of Medical Examiners 

(Board). Dr. Aragon and the Board 

agreed, inter alia, that Dr. Aragon’s state 

medical license be suspended until he 

completed various terms and conditions 

for reinstatement, including the 

completion of a 96-hour inpatient 

evaluation, conducted by or under the 

direction of a psychiatrist to evaluate 

Dr. Aragon for substance abuse or an 

organic mental condition. The Agreed 

Order resulted from findings by the 

Board that on November 20, 2000, Dr. 

Aragon was arrested by the Dallas 

(Texas) Police and charged with driving 

while intoxicated (DWI).

In addition, the Board found that Dr. 

Aragon was charged with illegal 

possession of dangerous and controlled 

substances. The Agreed Order also 

referenced Dr. Aragon’s subsequent plea 

agreement with the Dallas District 

Attorney’s Office, where he plead guilty 

and was convicted of the DWI offense. 

The Agreed Order further referenced Dr. 

Aragon’s admission of guilt to ‘‘the 

unadjudicated [sic] offenses of illegal 

drug possession, and his subsequent 

sentencing on June 8, 2001 to ‘‘150 days 

in jail probated for two years and a 

$2,000.00 fine.’’ The Board made 

additional findings regarding Dr. 

Aragon’s writing of fictitious 

prescriptions in the names of family 

members and leaving blank 

prescriptions for the use of his 

physician assistants when he was not in 

the office. 

Information in the investigative file 

also shows Dr. Aragon’s state medical 

license has been delinquent for nonpayment since December 30, 2002, and 

his Texas Department of Public Safety 

Controlled Substances Registration 

expired on January 31, 2003, and has 

not been renewed. 

There is no evidence before the 

Deputy Administrator that Dr. Aragon 

has satisfied the conditions of the Board 

for reinstatement of his medical license, 

or that the Board suspension order has 

been stayed or lifted. Moreover, there is 

no evidence in the investigative file that 

Dr. Aragon’s state controlled substance 

privileges have been renewed, or 

otherwise reinstated. 

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. Pilkowski, D.D.S., 57 

FR 28538 (1992). Nevertheless, despite 

findings of the Board regarding Dr. 

Aragon’s inappropriate conduct with 

respect to use of alcohol and his 

unlawful possession of dangerous and 

controlled substances, and 

notwithstanding the other public 

interest factors for the revocation of his 

DEA registration asserted herein, the 

more relevant consideration here is the 

present status of Dr. Aragon’s 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. Aragon’s 

Texas medical license has been 

suspended, his state controlled 

substance registration has expired, and 

as a result, he is currently not licensed 

under Texas law to handle these 

products. Therefore, he is not entitled to 

a DEA registration in that state. As a 

result of a finding that Dr. Aragon lacks 

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, BA4652714, issued to 

Gilbert C. Aragon, Jr., D.O., 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. 04–21961 Filed 9–29–04; 8:45 am] 

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration 

Rodolfo D. Bernal, 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 Rodolfo D. Bernal, 

M.D. (Dr. Bernal), proposing to revoke 

58538 Federal Register / Vol. 69, No. 189 / Thursday, September 30, 2004 / Notices 

his DEA Certificate of Registration, 

AB5067916, as a practitioner pursuant 

to 21 U.S.C. 824(a)(3) based on lack of 

state authorization to handle controlled 

substances in Illinois. The Order to 

Show Cause also alleged that Dr. 

Bernal’s continued registration would 

be inconsistent with the public interest 

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

deny any pending applications for 

renewal or modification of registration 

under 21 U.S.C. 823(f). The Order to 

Show Cause alleged in relevant part, the 

following: 

1. Effective April 17, 2003, the Illinois 

Department of Professional Regulation 

(IDPR) signed an order and placed Dr. 

Bernal’s license as a physician and 

surgeon, as well as his controlled 

substance license, in a summary 

suspension Status. On October 21, 2003, 

the summary suspension became a 

suspension. 

2. The suspension was based upon the 

following set of circumstanced: 

(i) Dr. Bernal ordered large quantities 

of controlled substances and failed to 

keep a proper log and inventory of the 

controlled substances; 

(ii) Dr. Bernal purchased controlled 

substances for his personal use; and, 

(iii) Dr. Bernal ingested the controlled 

substances during office hours while 

practicing medicine at his office. 

The above actions were also grounds 

for suspension of Dr. Bernal’s Certificate 

of Registration pursuant to 225 Illinois 

Compiled Statutes (2000) 60/22(a)(7), 

(17) and (33). 

3. During the years of 2000 through 

March of 2003, Dr. Bernal ordered 

Lortab, a schedule III controlled 

substance, Xanax, a schedule IV 

controlled substance, as well as 

Ambien, also a schedule IV controlled 

substance. Dr. Bernal failed to keep a 

proper log and inventory of these 

controlled substances in violation of 21 

U.S.C. 827(a)(3) and 21 CFR 304.04. He 

also admitted to purchasing the above 

controlled substances at his residence, a 

non-registered location. The 

maintenance of controlled substances 

for his personal use and selfadministered these controlled 

substances for other than medically 

accepted therapeutic purposes. 

4. On April 10, 2003, DEA diversion 

investigators interviewed Dr. Bernal at 

his registered location in Chicago, 

Illinois. Dr. bernal was found to have 

been unusually slow in responding to 

questions asked of him and he appeared 

impaired. Dr. Bernal admitted to taking 

two Lortab tablets that same morning, 

during office hours while practicing 

medicine at his office. He also admitted 

to keeping controlled substances at his 

residence, a non-registered location. The 

maintenance of controlled substances in 

this fashion is a violation of 21 CFR 

1301.12. 

5. During the above interview, Dr. 

Bernal agreed to the immediate 

destruction of all controlled substances 

at his registered location, which was 

later carried out by the DEA 

investigators. The investigators 

provided Dr. Bernal with 

documentation of the destruction. Dr. 

Bernal also agreed to immediately make 

arrangements to enter a drug treatment 

program, however he failed to do so. 

6. As a result of the action taken by 

IDPR, Dr. Bernal is currently without 

authority to handle controlled 

substances in Illinois, the state in which 

he is registered with DEA. 

According to the investigative file, the 

Order to Show Cause was sent by 

certified mail to Dr. Bernal’s registered 

location on December 12, 2003, but the 

notice was later returned to DEA 

unclaimed. No other address was 

located for Dr. Bernal, however, there 

was an office telephone number located 

for him. On February 24, 2004, DEA 

personnel placed a call to Dr. Bernal’s 

office number and obtained a facsimile 

number for him. On that same date, the 

Order to Show Cause was faxed to his 

office. Included in the investigative file 

is a facsimile confirmation document 

which shows that the Order to Show 

Cause was received at the number 

provided by Dr. Bernal’s office. Despite 

attempts to reach him, DEA has not 

received a request for hearing or any 

other reply from Dr. Bernal or anyone 

purporting to represent him in his 

matter. 

Therefore, the Deputy Administrator 

of DEA, finding that (1) thirty days 

having passed since delivery of the 

Order to Show Cause to Dr. Bernal’s 

address of record and his receipt of the 

same, and (2) no request for hearing 

having been received, concludes that Dr. 

Bernal 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.

Dr. Bernal is registered with DEA 

under certificate of Registration number 

AB5067916. That registration remains 

valid until July 31, 2004. According to 

the investigative file, on October 21, 

2003, the Medical Disciplinary Board of 

IDPR issued an Order which suspended 

indefinitely Dr. Bernal’s state certificate 

to practice as a physician and surgeon, 

as well as his certificate to issue 

controlled substances. The IDPR Order 

was based on findings that during the 

years 2000 through March of 2003, Dr. 

Bernal ordered 12,100 dosage units of 

Lortab, a Schedule III controlled 

substance, as well as 2,700 dosage units 

of Xanax and 2,400 dosage units of 

Ambien, both Schedule IV controlled 

substances. IDPR found that Dr. Bernal 

failed to keep a proper log and 

inventory of these controlled 

substances. IDPR also found that Dr. 

Bernal ingested controlled substances 

during office hours while practicing 

medicine in his office; self administered 

controlled substances for other than 

medically accepted therapeutic 

purposes; and, that his habitual and 

excessive use or abuse of controlled 

substances resulted in his inability to 

practice medicine with reasonable 

judgment, skill or safety. 

The investigative file contains no 

evidence that the suspensions of Dr. 

Bernal’s Illinois medical and controlled 

substance licenses have been lifted. 

Therefore, the Deputy Administrator 

finds that Dr. Bernal is currently not 

authorized to handle controlled 

substances in that state. 

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. Bernal’s 

controlled substance authority in the 

state of Illinois has been suspended. As 

a result, he is currently not licensed 

under Illinois law to handle controlled 

substances and therefore, he is not 

entitled to a DEA registration in that 

state. As a result of a finding that Dr. 

Bernal lacks 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 Fereida Walker-Graham, 

M.D., 68 FR 24761 (2003); NathanielAikens-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, AB5067916, issued to 

Rodolfo D. Bernal, M.D., be, and it 

Federal Register / Vol. 69, No. 189 / Thursday, September 30, 2004 / Notices 58539

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. 04–21959 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 5, 2004, and 

published in the Federal Register on 

May 26, 2004, (69 FR 29979), 

Boehringer Ingelheim Chemicals Inc., 

2820 N. Normandy Drive, Petersburg, 

Virginia 23805, 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 

Amphetamine (1100) .................... II 

Methylphenidate (1724) ................ II 

Methadone (9250) ........................ II 

Methadone Intermediate (9254) ... II 

Dextropropoxyphene (9273) ......... II 

Levo-alphacetylmethadol (9648) .. II 

Fentanyl (9801) ............................ II 

The company plans to manufacture 

the listed controlled substances for 

formulation into finished 

pharmaceuticals. 

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 

Boehringer Ingelheim Chemicals Inc. to 

manufacture the basic classes of 

controlled substances listed is 

consistent with the public interest at 

this time. DEA has investigated 

Boehringer Ingelheim Chemicals Inc. 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 16, 2004, 

William J. Walker, 

Deputy Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration.

[FR Doc. 04–21957 Filed 9–29–04; 8:45 am] 

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration 

Importer of Controlled Substances; 

Notice of Registration 

By Notice dated May 5, 2004 and 

published in the Federal Register on 

May 26, 2004, (69 FR 29978–29979), 

Boehringer Ingelheim Chemicals, Inc., 

2820 N. Normandy Driver, Petersburg, 

Virginia 23805, made application by 

renewal to the Drug Enforcement 

Administration (DEA) to be registered as 

an importer of Phenylacetone (8501), a 

basic class of controlled substance listed 

in Schedule II. 

The company plans to import 

Phenylacetone for the bulk manufacture 

of amphetamine. 

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 

Boehringer Ingelheim Chemicals, Inc. 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 Boehringer Ingelheim 

Chemicals, Inc. 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 16, 2004. 

William J. Walker, 

Deputy Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration.

[FR Doc. 04–21958 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 31412), Cambrex 

North Brunswick, Inc., Technology 

Centre of New Jersey, 661 Highway One, 

North Brunswick, New Jersey 08902, 

made application by letter to the Drug 

Enforcement Administration (DEA) for 

registration as a bulk manufacturer of 

Methadone (9250) and Methadone 

Intermediate (9254), basic classes of 

controlled substances listed in Schedule 

II. 

The company plans to manufacture 

the controlled substances for research 

and development purposes. 

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 

Cambrex North Brunswick, Inc. to 

manufacture the listed basic classes of 

controlled substances is consistent with 

the public interest at this time. DEA has 

investigated Cambrex North Brunswick, 

Inc. 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. 04–21949 Filed 9–29–04; 8:45 am] 

BILLING CODE 4410–09–M

DEPARTMENT OF JUSTICE

Drug Enforcement Administration 

Manufacturer of Controlled 

Substances; Notice of Application 

Pursuant to 21 CFR 1301.33(a), this is 

notice that on July 7, 2004, Cambridge 

Isotope Laboratory, 50 Frontage Road, 

Andover, Massachusetts 01810, made 

application by renewal to the Drug 

Enforcement Administration (DEA) for 

registration as a bulk manufacturer of