[Federal Register Volume 69, Number 228 (Monday, November 29, 2004)]
[Notices]
[Pages 69399-69400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26306]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 01-31]


Deborah Bordeaux, M.D.; Revocation of Registration

    On June 8, 2001, the Administrator of the Drug Enforcement 
Administration (DEA), issued an Order to Show Cause/Immediate 
Suspension of Registration to Deborah Bordeaux, M.D. (Dr. Bordeaux), 
notifying her of an opportunity to show cause as to why DEA should not 
revoke her DEA Certificate of Registration, BB3869370, as a 
practitioner, pursuant to 21 U.S.C. 824(a)(4) for reason that Dr. 
Bordeaux's continued registration would be inconsistent with the public 
interest and to deny any pending applications for renewal of 
registration pursuant to 21 U.S.C. 823(f). The Order to Show Cause/
Immediate Suspension of Registration further advised Dr. Bordeaux that 
her DEA Certificate of Registration had been suspended, pursuant to 21 
U.S.C. 824(d), as an imminent danger to public health and safety.
    The Order to Show Cause/Immediate Suspension of Registration 
alleged, inter alia, that for February 2000 through Febrary 2001, Dr. 
Bordeaux was employed by the Comprehensive Care & Pain Management 
Center (CCPMC) and the Myrtle Beach Medical Clinic (MBMC), both located 
in Myrtle Beach, South Carolina. During this period she routinely and 
continually prescribed controlled substances, including Oxycontin, 
Lortab and Lorcet, to patients without adequate medical testing, 
validation of patients' complaints or consideration of more appropriate 
alternative treatments.
    Many of these patients were traveling hundreds of miles to CCPMC, 
bypassing legitimate physicians qualified to treat chronic pain. DEA 
investigators also determined that a number of Dr. Bordeaux's patients 
were at drug treatment centers throughout South Carolina, where they 
were being treated for addiction to Oxycontin that had repeatedly been 
prescribed them by Dr. Bordeaux and other CCPMC physicians.
    It was further alleged that she routinely issued controlled 
substance prescriptions to patients never seen by staff physicians and 
issued refills of Oxycontin prescriptions for no reason other than the 
patients ``wanted'' refills. Further, in March 2001, Dr. Bordeaux 
opened her own clinic where, until she was told by DEA investigators 
that she was operating at an unregistered location, she continued to 
prescribe controlled substances without obtaining

[[Page 69400]]

DEA approval to modify here registered address. She also indicated that 
she had been invited to resume work as a physician at CCPMC and it was 
alleged that she had continued her prescribing practices, even after 
becoming aware of DEA's investigation into those practices.
    On July 3, 2001, counsel for Dr. Bordeaux requested a hearing and 
following prehearing procedures, Presiding Administrative Law Judge 
Mary Ellen Bittner (Judge Bittner) scheduled the hearing to begin on 
July 16, 2002. On July 10, 2002, counsel for Dr. Bordeaux filed a 
Motion to Defer Hearing as a result of her indictment by a Federal 
grant jury on charges stemming from the conduct alleged in the Order to 
Show Cause/Immediate Suspension of Registration. That motion was 
granted on July 10, 2002.
    On February 27, 2004, counsel for the Government filed a Motion for 
Summary Judgment. It alleged that on February 10, 2003, Dr. Bordeaux 
had been convicted in United States District Court for the District of 
South Carolina, of Conspiracy to Unlawfully Distribute Controlled 
Substances, in violation of 21 U.S.C. 846. Further, the motion alleged 
that March 10, 2003, the State Board of Medical Examiners of South 
Carolina (Medical Board) issued an Order of Temporary Suspension of Dr. 
Bordeaux's license to practice medicine in South Carolina and that she 
was no longer authorized to handle controlled substances in the State 
in which she maintained her DEA registration.
    The Government attached to its motion an affidavit from a Medical 
Board investigator documenting the Federal conviction, a copy of the 
Order of Temporary Suspension and a February 20, 2004, letter from the 
Medical Board, indicating that as of that date, Dr. Bordeaux's medical 
license was still suspended. While given the opportunity, Dr. Bordeaux 
did not file a response to the Government's motion.
    On May 4, 2004, Judge Bittner issued the 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. Bordeaux lacked 
authorization handle controlled substances in South Carolina, the 
jurisdiction in which she is registered with DEA.
    In granting the Government's motion, Judge Bittner further 
recommended that Dr. Bordeaux's DEA registration be revoked and that 
any pending applications for modification or renewal be denied. No 
exceptions to the Opinion and Recommended Decision were filed.
    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 Adminstrator adopts, in full, the Opinion and Recommended 
Decision of the Administrative Law Judge.
    The Deputy Administrator finds that Dr. Bordeaux currently 
possesses DEA Certificate of Registration BB3869370 and is registered 
to handle controlled substances in the State of South Carolina. The 
Deputy Administrator further finds that in response to her Federal 
conviction, on March 10, 2003, the State Board issued an Order of 
Temporary Suspension immediately suspending Dr. Bordeaux's license to 
practice medicine in South Carolina. There is no evidence before the 
Deputy Administrator that the State Board's Order has been lifted, 
stayed or modified. Therefore, the Deputy Administrator finds that Dr. 
Bordeaux is currently not licensed to practice medicine in South 
Carolina and as a result, it is reasonable to infer she 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 she conducts business. See 21 U.S.C. 802(21), 
823(f) and 824(a)(3). This prerequisite has been consistently upheld. 
See Stephen J. Graham, M.D., 69 FR 11661 (2004); Dominick A. Ricci, 
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988). 
Revocation is also appropriate when a State license has been suspended, 
but with the possibility of future reinstatement. See Alton E. Ingram, 
Jr., M.D., 69 FR 22562 (2004); Anne Lazar Thorn, M.D., 62 FR 847 
(1997).
    Here, it is clear Dr. Bordeaux is not currently licensed to handle 
controlled substances in South Carolina, where she is registered with 
DEA. Therefore, she is not entitled to maintain that registration. 
Because Dr. Bordeaux is not entitled to a DEA registration in South 
Carolina due to lack of State authorization to handle controlled 
substances, the Deputy Administrator concludes it is unnecessary to 
address whether Dr. Bordeaux's registration should be revoked based 
upon the remaining public interest grounds asserted in the Order to 
Show Cause/Immediate Suspension of Registration. See Fereida Walker-
Graham, M.D., 68 FR 24761 (2003); 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, BB3869370, issued to Deborah Bordeaux, 
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 December 29, 2004.

    Dated: November 10, 2004.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 04-26306 Filed 11-26-04; 8:45 am]
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