[Federal Register Volume 63, Number 137 (Friday, July 17, 1998)]
[Notices]
[Page 38671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19083]



[[Page 38671]]

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DEPARTMENT OF JUSTICE

Drug Enforcement Administration
[Docket No. 97-29]


David M. Rose, MD.; Revocation of Registration

    On May 15, 1997, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to David M. Rose, M.D. (Respondent), of 
Massachusetts, notifying him of an opportunity to show cause as to why 
DEA should not revoke his DEA Certificate of Registration, BR2726365, 
under 21 U.S.C. 824(a)(3), and deny any pending applications for 
renewal of such registration as a practitioner pursuant to 21 U.S.C. 
823(f), for reason that he is not currently authorized to handle 
controlled substances in the Commonwealth of Massachusetts.
    The Order to Show Cause was ultimately received by Respondent on 
August 12, 1997, In a letter to the DEA Office of Administrative Law 
Judges dated August 15, 1997. Respondent did not dispute that his 
license to practice medicine in the Commonwealth of Massachusetts was 
suspended. Respondent further stated, ``[h]owever, I am soon to enter 
into a probationary agreement with [the Massachusetts Board of 
Medicine] that will allow me to practice medicine in a restricted and 
monitored fashion[.] I wonder if then at that time it would be possible 
for me to apply for some sort of DEA license with whatever restrictions 
[DEA] would deem appropriate, so that I may prescribe medications if 
and when I am allowed to continue practice?'' Respondent did not 
request a hearing on the issues raised by the Order to Show Cause.
    The matter was docketed before Administrative Law Judge Mary Ellen 
Bittner. On October 16, 1997, Government counsel sent a letter to 
Respondent which advised him that he could either surrender his DEA 
Certificate of Registration, request a hearing, or waive his right to a 
hearing and submit a written statement for consideration regarding the 
proposed revocation of his registration. Respondent was further advised 
that if he surrendered his registration or DEA revoked it, he could 
reapply for a new DEA Certificate of Registration upon reinstatement of 
his state license, but that his DEA registration would not be 
automatically reinstated if he regains his state license.
    Thereafter, on November 3, 1997, the Office of Administrative Law 
Judges sent Respondent a letter advising him that if no request for a 
hearing was received by November 24, 1997, he would be deemed to have 
waived his right to a hearing. On December 8, 1997, Judge Bittner 
issued a Memorandum and Order stating that since no request for a 
hearing was received, Respondent was deemed to have waived his 
opportunity for a hearing pursuant to 21 CFR 1301.43(d). Consequently, 
after considering relevant material from the investigative file, the 
Acting Deputy Administrator now enters his final order without a 
hearing pursuant to 21 CFR 1301.43 (d) and (e) and 1301.46.
    The Acting Deputy Administrator finds that on November 9, 1994, the 
Commonwealth of Massachusetts, Board of Registration in Medicine issued 
an Order of Suspension of Respondent's license to practice medicine in 
the Commonwealth of Massachusetts. The suspension was based on charges 
related to Respondent's mental condition and dependence on alcohol and 
drugs; the substandard quality of medical care Respondent provided; 
Respondent's false statements on his Massachusetts license renewal 
application; and his violation of the Controlled Substances Act.
    Respondent did not present any evidence that his Massachusetts 
medical license has been reinstated. Therefore, the Acting Deputy 
Administrator finds that Respondent is not currently authorized to 
practice medicine in the Commonwealth of Massachusetts. The Acting 
Deputy Administrator further finds that it is reasonable to infer that 
Respondent is also not authorized to handle controlled substances in 
that state. The DEA does not have the 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), 823(f) and 824(a)(3). This prerequisite has been consistently 
upheld. See Romeo J. Perez, M.D., 62 FR 16,193 (1997); Demetris A. 
Green, M.D., 61 FR 60,728 (1996); Dominick A. Ricci, M.D., 58 FR 51,104 
(1993).
    Here it is clear that Respondent is not currently authorized to 
handle controlled substances in the Commonwealth of Massachusetts. 
Therefore, he is not entitled to a DEA registration in that state.
    Accordingly, the Acting Deputy Administrator of the Drug 
Enforcement Administration, pursuant to the authority vested in him by 
21 U.S.C. 823 and 824 and 28 CFR 0.100(b) and 0.104, hereby orders that 
DEA Certificate of Registration, BR2726365, previously issued to David 
M. Rose. M.D., be, and it hereby is, revoked. The Acting Deputy 
Administrator further orders that any pending applications for the 
renewal of such registration, be, and they hereby are, denied. This 
order is effective August 17, 1998.

    Dated: July 10, 1998.
Donnie R. Marshall,
Acting Deputy Administrator.
[FR Doc. 98-19083 Filed 7-16-98; 8:45 am]
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