[Federal Register Volume 62, Number 26 (Friday, February 7, 1997)]
[Notices]
[Page 5851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3052]


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DEPARTMENT OF JUSTICE
Durg Enforcement Administration


David William Nyman, D.O.; Denial of Application

    On April 16, 1996, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to David William Nyman, D.O., Colorado Springs, 
Colorado, notifying him of an opportunity to show cause as to why DEA 
should not deny his application, dated January 20, 1995, for a DEA 
Certificate of Registration pursuant to 21 U.S.C. 823(f), as being 
inconsistent with the public interest. The order also notified Dr. 
Nyman that, should no request for a hearing be filed within 30 days, 
his hearing right would be deemed waived.
    The DEA mailed the show cause order to Dr. Nyman be certified mail, 
and a signed return receipt dated April 27, 1996, was received by the 
DEA. However, no request for a hearing or any other reply was received 
the DEA from Dr. Nyman or anyone purporting to represent him in this 
matter. Therefore, the Acting Deputy Administrator, finding that (1) 
thirty days have passed since receipt of the Order to Show Cause, and 
(2) no request for a hearing having been received, concludes that Dr. 
Nyman is deemed to have waived his hearing right. After considering 
relevant material from the investigative file in this matter, the 
Acting Deputy Administrator now enters his final order without a 
hearing pursuant to 21 CFR 1301.54(e) and 1301.57.
    The Acting Deputy Administrator finds that on March 23, 1994, the 
Colorado State Board of Medical Examiners (Board) issued an order 
summarily suspending Dr. Nyman's license to practice medicine. This 
action was based upon the Board's findings that Dr. Nyman first came to 
the attention of the Colorado Physician Health Program (CPHP) in July 
1986 after he collapsed and an emergency toxicology report revealed 
Darvon and codeine. He subsequently received treatment with CPHP for 
opiate abuse. Dr. Nyman relapsed into substance abuse and was 
hospitalized for treatment from January 5 to 23, 1994. After his 
discharge, he participated in an intensive outpatient treatment 
program. However, on February 22, 1994, CPHP was advised that Dr. Nyman 
had relapsed into substance abuse again. It was discovered that he was 
abusing the synthetic narcotic Buprenex. Dr. Nyman underwent a five-day 
inpatient detoxification program and then resumed intensive outpatient 
treatment. On March 16, 1994, CPHP learned that Dr. Nyman had 
repeatedly called a pharmacy during the week of March 7, 1994, in an 
attempt to obtain a personal order for Valium and Buprenex.
    The Acting Deputy Administrator finds that as a result of the 
summary suspension of his license to practice medicine, Dr. Nyman 
surrendered his previous DEA Certificate of Registration, AN3166635.
    Subsequently, on November 9, 1995, the Board approved a Stipulation 
and Final Agency Order (Order) wherein, the suspension of Dr. Nyman's 
medical license was lifted. However, pursuant to the Order, his license 
shall remain suspended indefinitely until he provides evidence 
indicating that he has been accepted into a residency program and that 
his participation in the residency program would be subject to terms 
set forth in the Order.
    The Acting Deputy Administrator finds that there is no evidence in 
the record that Dr. Nyman has provided the Board with evidence of his 
acceptance into such a residency program, and therefore concludes that 
Dr. Nyman's medical license remains suspended. Dr. Nyman has not 
presented any evidence to the contrary. Thus, the Acting Deputy 
Administrator concludes that Dr. Nyman is not currently licensed to 
practice medicine in the State of Colorado and consequently he is not 
currently authorized to handle controlled substances in the state.
    The 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 his business. 21 U.S.C. 802(21) and 
823(f). This prerequisite has been consistently upheld. See Earl G. 
Rozeboom, M.D., 61 FR 60,730 (1996); Charles L. Novosad, Jr., M.D., 60 
FR 47,182 (1995); Dominick A. Ricci, M.D., 58 FR 51,104 (1993). Here, 
Dr. Nyman is not currently licensed to practice medicine, and therefore 
not authorized to handle controlled substances, in the State of 
Colorado. Hence, Dr. Nyman is not entitled to a DEA registration. 
Because, Dr. Nyman is not entitled to a DEA registration due to his 
lack of state authorization to handle controlled substances, the Acting 
Deputy Administrator concludes that it is unnecessary to address 
whether Dr. Nyman's registration would be inconsistent with the public 
interest.
    Accordingly, the Acting Deputy Administrator of the Drug 
Enforcement Administration, pursuant to the authority vested in him by 
21 U.S.C. 823 and 28 CFR 0.100(b) and 0.104, hereby orders that the 
application for a DEA Certificate of Registration submitted by David 
William Nyman, D.O., be, and it hereby is, denied. This order is 
effective March 10, 1997.

    Dated: January 30, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-3052 Filed 2-6-97; 8:45 am]
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