[Federal Register Volume 60, Number 68 (Monday, April 10, 1995)]
[Notices]
[Page 18143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X95-10410]



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DEPARTMENT OF JUSTICE

Drug Enforcement Administration
[Docket No. 94-82]


Earl N. Caldwell, M.D.; Revocation of Registration

    On August 31, 1994, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Earl N. Caldwell, M.D. of Highland Park, 
Illinois (Respondent), proposing to revoke his DEA Certificate of 
Registration, BC0950104, and deny any pending applications for 
registration as a practitioner. The statutory basis for the Order to 
Show Cause was that Respondent's continued registration would be 
inconsistent with the public interest pursuant to 21 U.S.C. 823(f), and 
that Respondent was no longer authorized to handle controlled 
substances in the State of Illinois. 21 U.S.C. 824 (a)(3) and (a)(4).
    Respondent, through counsel, requested a hearing on the issues 
raised in the Order to Show Cause and the matter was docketed before 
Administrative Law Judge Mary Ellen Bittner. Following prehearing 
procedures, the Government filed a motion for summary disposition on 
October 11, 1994, alleging that Respondent no longer held state 
authorization to handle controlled substances on the ground that the 
Illinois Department of Professional Responsibility, Medical 
Disciplinary Board, had placed Respondent's medical license on 
probation for five years and suspended his authority to handle 
controlled substances for the duration of that probationary term. 
Respondent filed an opposition to the Government's motion for summary 
disposition on October 31, 1994, arguing that the Illinois Board's 
decision had been rendered in error and, therefore, was not final 
pending administrative review.
    On November 2, 1994, the administrative law judge entered her 
opinion and recommended a decision granting the Government's motion for 
summary disposition and recommending that the Respondent's DEA 
Certificate of Registration be revoked. No exceptions were filed by 
either party.
    On December 2, 1994, the administrative law judge transmitted the 
record to the Deputy Administrator. After a careful consideration of 
the record in its entirety, the Deputy Administrator enters his final 
order in this matter pursuant to 21 CFR 1316.67, based on findings of 
fact and conclusions of law as set forth herein.
    Effective May 13, 1992, the Illinois Department of Professional 
Responsibility, Medical Disciplinary Board, suspended Respondent's 
license to practice medicine for five years and suspended his authority 
to handle controlled substances for the duration of that period. 
Respondent does not deny that his state license has been placed on 
probation for five years. As a result, Respondent is no longer 
authorized to dispense controlled substances in the State of Illinois.
    The DEA has consistently held that it does not have statutory 
authority under the Controlled Substances Act to register a 
practitioner unless that practitioner is authorized to dispense 
controlled substances by the state in which he proposes to practice. 
See Lawrence R. Alexander, M.D., 57 FR 22256 (1992); Bobby Watts, M.D., 
53 FR 11919 (1988); Robert F. Witek, D.D.S., 52 FR 4770 (1987).
    In a case where a practitioner is no longer authorized to handle 
controlled substances in the state in which he proposes to practice, a 
motion for summary disposition is properly entertained. It is well 
settled that where no question of fact exists, or where the material 
facts are agreed, a plenary administrative proceeding is not required.  
Phillip E. Kirk, M.D., 48 FR 32887 (1983), aff'd sub nom Kirk v. 
Mullen, 749 F.2d 297 (6th Cir. 1984).
    The Deputy Administrator adopts the Opinion and Recommended 
Decision of the Administrative Law Judge in its entirety. Accordingly, 
the 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, BC0950104, previously issued to Earl N. Caldwell, M.D., 
be, and it hereby is, revoked, and any pending applications for such 
registration be, and hereby are, denied. This order is effective May 
10, 1995.

    Dated: April 3, 1995.
Stephen H. Greene,
Deputy Administrator.
FR. Doc. 95-8650 Filed 4-7-95; 8:45 am]
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