38670 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 / Notices

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]

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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

Fred D. Oremland, M.D., Revocation of

Registration

On January 13, 1998, the Deputy

Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration (DEA), issued an Order

to Show Cause to Fred D. Oremland,

M.D., of California, notifying him of an

opportunity to show cause as to why

DEA should not revoke his DEA

Certificate of Registration, AO4999592,

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

State of California. The order also

notified Dr. Oremland 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 31, 1998. No request for a

hearing or any other reply was received

by the DEA from Dr. Oremland 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. Oremland

is deemed to have waived his hearing

right. After considering 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. 1301.43(d) and (e)

and 1301.46.

The Acting Deputy Administrator

finds that on August 23, 1995, the

Medical Board of California (Board)

filed an Accusation against Dr.

Oremland alleging improper and

excessive treatment; improper and

excessive billing; the creation of false

medical records; repeated violations of

patient confidence; exploitation of a

patient; excessive prescribing of

dangerous drugs and controlled

substances; and violations of statutory

recordkeeping requirements. On June

25, 1996, Dr. Oremland entered into a

stipulation with the Board whereby he

agreed to surrender his physician and

surgeon’s certificate by October 1, 1996.

In addition, Dr. Oremland agreed to

waive his right to renew his state

certificate and to not seek reinstatement

or relicensure for at least three years.

This stipulation was accepted by the

Board by Order dated July 17, 1996. A

letter from the Board dated January 13,

1998, which is in the investigative file,

indicates that Dr. Oremland’s California

physician and surgeon’s certificate was

in fact surrendered.

The Acting Deputy Administrator

finds that in light of the fact that Dr.

Oremland is not currently licensed to

practice medicine in the State of

California, it is reasonable to infer that

he is not currently 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 Dr. Oremland is

not currently authorized to handle

controlled substances in the State of

California. Therefore, Dr. Oremland 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, AO4999592, previously

issued to Fred D. Oremland, 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. 98–19082 Filed 7–16–98; 8:45 am]

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