[Federal Register Volume 69, Number 204 (Friday, October 22, 2004)]
[Notices]
[Page 62092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23711]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 04-34]


Richard Daniel Price, MD.; Revocation of Registration

    On March 15, 2004, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Richard Daniel Price, M.D. (Dr. Price) of 
Birmingham, Alabama, notifying him of an opportunity to show cause as 
to why DEA should not revoke his DEA Certificate of Registration, 
BP4769949, as a practitioner, pursuant to 21 U.S.C. 824(a)(3) and deny 
any pending applications for renewal of that registration pursuant to 
21 U.S.C. 823(f). As a basis for revocation, the Order to Show Cause 
alleged that Dr. Price's license to practice medicine in Alabama had 
been revoked and accordingly, he was not authorized to handle 
controlled substances in Alabama, the state in which he is registered.
    On May 3, 2004, Dr. Price, acting pro se, timely requested a 
hearing in this matter. On May 5, 2004, Presiding Administrative Law 
Judge Mary Ellen Bittner (Judge Bittner) issued the Government, as well 
as Dr. Price, an Order for Prehearing Statements. In lieu of filing a 
prehearing statement, the Government filed its Motion for Summary 
Judgment and to Stay the Time to File Prehearing Statements if 
Necessary. The Government argued Dr. Price's license to practice 
medicine in Alabama had been revoked, that he was without authorization 
to handle controlled substances in that state and, as a result, further 
proceedings in the matter were not required. Attached to the 
government's motion was a copy of the Alabama Medical Licensure 
Commission's Order of March 31, 2003, revoking Dr. Price's license to 
practice medicine in that state.
    On May 13, 2004, Judge Bittner issued an Order and Notice providing 
Dr. Price an opportunity to respond to the Government's motion. Dr. 
Price did not file a response. On June 28, 2004, Judge Bittner issued 
her Opinion and Recommended Decision of the Administrative Law Judge 
(Opinion and Recommended Decision). As part of her recommended ruling, 
Judge Bittner granted the Government's Motion for Summary Judgment, 
finding Dr. Price lacked authorization to handle controlled substances 
in Alabama, the jurisdiction in which he is registered. Judge Bittner 
recommended that Dr. Price's DEA registration be revoked and any 
pending applications for renewal or modification of that registration 
be denied. No exceptions were filed by either party to the Opinion and 
Recommended Decision and on August 10, 2004, the record of these 
proceedings was transmitted to the Office of the DEA Deputy 
Administrator.
    The Deputy Administrator has considered the record in its entirety 
and pursuant to 21 CFR 1316.67, hereby issues her final order based 
upon findings of fact and conclusions of law as hereinafter set forth. 
The Deputy Administrator adopts, in full, the Opinion and Recommended 
Decision of the Administrative Law Judge.
    The Deputy Administrator finds that Dr. Price holds DEA Certificate 
of Registration, BP4769949, which expires on March 31, 2005. The Deputy 
Administrator further finds that, effective as of March 31, 2003, the 
Medical Licensure Commission of Alabama revoked Dr. Price's Alabama 
medical license based on his conviction of a felony, a violation of 
Alabama Code 34-24-360(5) (1997). There is no evidence in the record 
indicating that the Commission's order has been stayed or rescinded or 
that Dr. Price's license has been reinstated. Therefore, the Deputy 
Administrator finds that Dr. Price is currently not licensed to 
practice medicine in Alabama and, as a result, it is reasonable to 
infer that he is also without authorization 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 Kanwaljit S. Serai, M.D., 68 FR 48943 (2003); Dominick A. Ricci, 
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
    Here, it is clear that Dr. Price is not currently authorized to 
handle controlled substances in Alabama, where he is registered with 
DEA. Therefore, he is not entitled to maintain that registration. 
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, BP4769949, issued to Richard Daniel Price, 
M.D., be, and it hereby is, revoked. The Deputy Administrator further 
orders that any pending applications for renewal or modification or 
such registration be, and they hereby are, denied. This order is 
effective November 22, 2004.

    Dated: October 5, 2004.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 04-23711 Filed 10-21-04; 8:45 am]
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