14948 Federal Register / Vol. 62, No. 60 / Friday, March 28, 1997 / Notices

Dated: March 14, 1997.

Terrance W. Woodworth,

Acting Deputy Assistant Administrator, Office

of Diversion Control, Drug Enforcement

Administration.

[FR Doc. 97–7876 Filed 3–27–97; 8:45 am]

BILLING CODE 4410–09–M

Manufacturer of Controlled

Substances; Notice of Application

Pursuant to Section 1301.43(a) of Title

21 of the Code of Federal Regulations

(CFR), this is notice that on February 19,

1997, Stepan Company, Natural

Products Department, 100 W. Hunter

Avenue, Maywood, New Jersey 07607,

made application by renewal to the

Drug Enforcement Administration

(DEA) for registration as a bulk

manufacturer of the basic classes of

controlled substances listed below:

Drug Schedule

Cocaine (9041) ............................. II

Benzoylecgonine (9180) ............... II

The firm plans to manufacture bulk

cocaine for distribution to its customers.

Any other such applicant and any

person who is presently registered with

DEA to manufacture such substances

may file comments or objections to the

issuance of the above application.

Any such comments or objections

may be addressed, in quintuplicate, to

the Acting Deputy Assistant

Administrator, Office of Diversion

Control, Drug Enforcement

Administration, United States

Department of Justice, Washington, D.C.

20537, Attention: DEA Federal Register

Representative (CCR), and must be filed

no later than May 27, 1997.

Dated: March 14, 1997.

Terrance W. Woodworth,

Acting Deputy Assistant Administrator, Office

of Diversion Control, Drug Enforcement

Administration.

[FR Doc. 97–7880 Filed 3–27–97; 8:45 am]

BILLING CODE 4410–09–M

John C. Turley, III, M.D.; Denial of

Application

On July 1, 1996, the Deputy Assistant

Administrator, Office of Diversion

Control, Drug Enforcement

Administration (DEA), issued an Order

to Show Cause to John C. Turley, III,

M.D., of Memphis, Tennessee, notifying

him of an opportunity to show cause as

to why DEA should not deny his

application for a DEA Certificate of

Registration as a practitioner pursuant

to 21 U.S.C. 823(f), as being inconsistent

with the public interest. The order also

notified Dr. Turley that should not

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. Turley at the address listed on his

application for registration.

Subsequently, the DEA received a

signed receipt showing that the order

was received on July 8, 1996. No request

for a hearing or any other reply was

received by the DEA from Dr. Turley or

anyone purporting to represent him in

this matter. Therefore, the Acting

Deputy Administrator, finding that (1)

thirty days have passed since the receipt

of the Order to Show Cause, and (2) no

request for a hearing having been

received, concludes that Dr. Turley 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 C.F.R.

1301.54(e) and 1301.57.

The Acting Deputy Administrator

finds that an investigation in 1986 by

the Memphis Metro Narcotics Unit

revealed that beginning in at least 1984,

Dr. Turley issued prescriptions to three

individuals for Dilaudid, a Schedule II

controlled substance, in exchange for

sexual favors and/or cash and for no

legitimate medical purpose. Sometimes,

Dr. Turley issued the prescriptions to

one of the individuals using the names

of her husband or son.

In June 1990, a local police

department arrested an individual who

attempted to fill a prescription for

Lorcet, a Schedule III controlled

substance, bearing Dr. Turley’s name as

the prescribing physician. It was

believed that the prescription was

forged. Subsequently, Dr. Turley

verified that he had in fact issued the

prescription to the individual, and

therefore all charges against the

individual were dismissed. The

individual then agreed to cooperate in

an investigation of Dr. Turley.

The individual indicated that

commencing in late 1986 or early 1987,

he began receiving controlled

substances and/or prescriptions for such

substances from Dr. Turley in exchange

for various items such as televisions,

stereos, automobile alarms, and guns.

On July 19, 1990, the individual, while

being monitored by Federal agents, gave

Dr. Turley two fully automatic machine

guns with silencers in exchange for 100

Ultragesic capsules, a Schedule III

controlled substance.

As a result, on August 29, 1990, an

information was filed in the United

States District Court for the Western

District of Tennessee charging Dr.

Turley with one count of unlawful

distribution of a controlled substance in

violation of 21 U.S.C. 841(a)(1) and two

counts of unlawful receipt and

possession of a firearm. On February 19,

1991, following his guilty plea, Dr.

Turley was convicted of all three counts

and sentenced to six months

imprisonment as to each count to run

concurrently, followed by three years of

supervised released and was fined

$13,000.00. As part of the plea

agreement, no charges would be brought

against Dr. Turley for his unlawful

prescribing of Dilaudid to the three

individuals in exchange for sexual

favors.

On August 31, 1990, Dr. Turley

surrendered his previous DEA

Certificate of Registration, and on

September 19, 1990, the Tennessee

Board of Medical Examiners (Board)

issued an Order summarily suspending

his license to practice medicine in the

State of Tennessee. The Board found

that emergency action was necessary ‘‘to

prevent [Dr. Turley] from continuing his

repeated and dangerous prescribing of

addictive or contra-indicated controlled

substances and to stop his criminal

behavior involving the dispensing or

prescribing of controlled substances for

illegal reasons.’’ On February 14, 1992,

the Board ordered that Dr. Turley’s

medical license remain suspended for at

least six months. Thereafter, on July 27,

1992, the Board reinstated Dr. Turley’s

license to practice medicine, placing

him on probation for two years and

ordering him to maintain a contract

with the Tennessee Medical

Foundation’s Impaired Physicians

Program for two years. Subsequently, on

September 14, 1994, the Board

terminated Dr. Turley’s probation, and

as a result, Dr. Turley’s medical license

is unrestricted.

Pursuant to 21 U.S.C. 823(f), the

Deputy Administrator may deny an

application for a DEA Certificate of

Registration, if he determines that the

registration would be inconsistent with

the public interest. Section 823(f)

requires that the following factors be

considered:

(1) The recommendation of the

appropriate State licensing board or

professional disciplinary authority.

(2) The applicant’s experience in

dispensing, or conducting research with

respect to controlled substances.

(3) The applicant’s conviction record

under Federal or State laws relating to

the manufacture, distribution, or

dispensing of controlled substances.

(4) Compliance with applicable, State,

Federal, or local laws relating to

controlled substances.