[Federal Register Volume 63, Number 137 (Friday, July 17, 1998)]
[Notices]
[Pages 38669-38670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19081]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Robert M. Golden, M.D.; Denial of Application

    On January 9, 1998, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Robert M. Golden, M.D., of Alpharetta, Georgia, 
notifying him of an opportunity to show cause as to why DEA should not 
deny his application for registration as a practitioner under 21 U.S.C. 
823(f), for reason for such registration would be inconsistent with the 
public interest. The order also notified Dr. Golden that should no 
request for a hearing be filed within 30 days, his hearing right would 
be deemed waived.
    The DEA received a signed receipt indicating that the order was 
received on January 16, 1998. No request for a hearing or any other 
reply was received by the DEA from Dr. Golden or anyone purporting to 
represent him in this matter. Therefore, the Acting Deputy 
Administrator, finding that: (1) 30 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. Golden is deemed to have waived his 
hearing right. After considering material from the investigative file 
in this matter, the Acting Deputy Administrator now enters order 
without a hearing pursuant to 21 CFR 1301.43(d) and (e) and 1301.46.
    The Acting Deputy Administrator finds that Dr. Golden previously 
possessed DEA Certificate of Registration, AG6243125. On May 25, 1994, 
an Order to Show Cause was issued proposing to revoke that Certificate 
of Registration, alleging that Dr. Golden's continued registration 
would be inconsistent with the public interest. Following a hearing 
before Administrative Law Judge Paul A. Tenney, the then-Deputy 
Administrator revoked Dr. Golden's DEA registration effective June 17, 
1996. See Robert M. Golden, M.D., 61 FR 24808 (May 16, 1996).
    In the prior proceeding, the then-Deputy Administrator found that 
in April 1987, Dr. Golden entered into a Consent Order with the Georgia 
State Board of Medical Examiners based upon allegations of 
recordkeeping violations, the prescribing or dispensing of controlled 
substances while not acting in the usual course of professional 
practice, and the prescribing or ordering of controlled substances for 
an illegitimate medical purpose. In addition, the then-Deputy 
Administrator found that in 1992, a confidential informant received 
prescriptions for Xanax, a Schedule IV controlled substance, from Dr. 
Golden who issued the prescriptions using names other than that of the 
informant. Also, on two occasions in 1992, Dr. Golden issued 
prescriptions for Xanax to an undercover police officer for no 
legitimate medical purpose. In his final order the then-Deputy 
Administrator found that Dr. Golden's conduct ``demonstrate[s] a 
cavalier behavior regarding controlled substances'' and that ``[Dr. 
Golden] did not acknowledge any possibility of questionable conduct in 
his prescribing practices.'' The then-Deputy Administrator found that 
he ``was provided no basis to conclude that [Dr. Golden] would lawfully 
handle controlled substances in the future,'' and therefore revoked Dr. 
Golden's previous registration.
    On June 15, 1997, Dr. Golden submitted an application for a new DEA 
registration. That application is the subject of these proceedings. The 
Acting Deputy Administrator concludes that the then-Deputy 
Administrator's May 16, 1996 decision regarding Dr. Golden is res 
judicata for purposes of this proceeding. See Stanley Alan Azen, M.D., 
61 FR 57893 (1996) (where the findings in a previous revocation 
proceeding were held to be res judicata in a subsequent administrative 
proceeding.) The then-Deputy Administrator's determination of the facts 
relating to the previous revocation of Dr. Golden's DEA registration is 
conclusive. Accordingly, the Acting Deputy Administrator concludes that 
the critical consideration in this proceeding is whether the 
circumstances, which existed at the time of the prior proceeding, have 
changed sufficiently to support a conclusion that Dr. Golden's 
registration would be in the public interest.
    The Acting Deputy Administrator finds that documentation in the 
investigative file reveals that since the prior proceeding, Dr. 
Golden's state medical license was placed on probation on April 4, 
1996, for at least four years, pursuant to a Consent Order with the 
Composite State Board of Medical Examiners for the State of Georgia 
(Board). As a result of this Consent Order, Dr. Golden is prohibited 
from handling Schedule I through III controlled substances, and other 
specifically named substances. In addition, Dr. Golden must use 
triplicate prescriptions, maintain a log of his handling of controlled 
substances, and attend continuing medical education courses.
    The Acting Deputy Administrator finds that there is a letter with 
attachments from Dr. Golden dated October 8, 1997, in the investigative 
file. This documentation reveals that Dr. Golden now practices cosmetic 
surgery; that he would like to be able to prescribe Valium and Versed, 
both Schedule IV controlled substances; that he has been in compliance 
with the Board's April 1996 Consent Order; and

[[Page 38670]]

that on May 16, 1997, he completed a course in the appropriate 
prescribing of controlled substances. On his application for 
registration, Dr. Golden states that ``I feel that I have become more 
responsible * * *.'' However, Dr. Golden did not respond to the Order 
to Show Cause, and therefore did not provide the Acting Deputy 
Administrator with any other evidence for consideration.
    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 
such registration would be inconsistent with the public interest. In 
determining the public interest, the following factors are 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.
    (5) Such other conduct which may threaten the public health and 
safety.
    These factors are to be considered in the disjunctive; the Deputy 
Administrator may rely on any one or a combination of factors and may 
give each factor the weight he deems appropriate in determining whether 
a registration should be revoked or an application for registration be 
denied. See Henry J. Schwarz, Jr., M.D., 54 FR 16422 (1989).
    As discussed above, Dr. Golden's previous registration was found to 
be inconsistent with the public interest. Since that time, Dr. Golden's 
state medical license was again placed on probation until at least 
April 2000. The Acting Deputy Administrator finds that Dr. Golden has 
not presented sufficient evidence to indicate that his registration 
would now be in the public interest. While Dr. Golden has taken a 
course in the appropriate prescribing of controlled substances, and he 
asserts on his application that he has ``become more responsible,'' the 
Acting Deputy Administrator is not convinced that Respondent has 
accepted responsibility for his previous mishandling of controlled 
substances. Therefore, the Acting Deputy Administrator concludes that 
Dr. Golden'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 registration, executed by Robert M. Golden, M.D., be, 
and it hereby is, denied. This order is effective August 17, 1998.

    Dated: July 10, 1998.
Donnie R. Marshall,
Acting Deputy Administrator.
[FR Doc. 98-19081 Filed 7-16-98; 8:45 am]
BILLING CODE 4410-09-M