[Federal Register Volume 66, Number 110 (Thursday, June 7, 2001)]
[Notices]
[Pages 30752-30753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14292]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Rick Joe Nelson, M.D.; Revocation of Registration

    On April 6, 2000, the Administrator of the Drug Enforcement 
Administration (DEA), issued an Order to Show Cause (OTSC) by certified 
mail to Rick Joe Nelson, M.D., notifying him of a preliminary finding 
that, pursuant to evidence set forth therein, he was responsible for 
the diversion of large quantities of controlled substances into other 
than legitimate medical channels, and additionally no longer possessed 
authority to either handle controlled substances or to practice 
medicine in Oklahoma, the State in which he held a DEA registration. 
Based on these preliminary findings, and pursuant to 21 U.S.C. 824(d) 
and 28 CFR 0.100 and 0.104, the OTSC suspended Dr. Nelson's DEA 
Certificate of Registration, effective immediately, with such 
suspension to remain in effect until a final determination in these 
proceedings is reached. The OTSC informed Dr. Nelson of an opportunity 
to request a hearing to show cause as to why the DEA should not revoke 
his DEA Certificate of Registration, BN1075224, and deny any pending 
applications for renewal or modification of such registration, for 
reason that such registration is inconsistent with the public interest, 
as determined by 21 U.S.C. 823(f). The OTSC also notified Dr. Nelson 
that, should no request for hearing be filed

[[Page 30753]]

within 30 days, his right to a hearing would be considered waived.
    On April 6, 2001, a copy of the OTSC was personally served by two 
DEA Diversion Investigators upon Dr. Nelson's attorney. No request for 
a hearing or any other response was received by DEA from Dr. Nelson or 
anyone purporting to represent him in this matter, however. Therefore, 
the Administrator of the DEA, finding that (1) thirty days have passed 
since receipt of the Order to Show Cause, and (2) no request for a 
hearing having been received, concludes Dr. Nelson is deemed to have 
waived his right to a hearing. After considering relevant material from 
the investigative file in this matter, the Administrator now enters his 
final order without a hearing pursuant to 21 CFR 1301.43(d) and (e) and 
1301.46 (1999).
    The Administrator finds that based on an investigation by the 
Oklahoma and State Board of Medical Licensure and Supervisor, by use of 
a pharmacy internet web site, Dr. Nelson issued prescriptions for 
controlled substances without personally seeing or physically examining 
patients. During the single week of October 25, 2000, to November 2, 
2000, Dr. Nelson authorized 1,684 prescriptions, of which 1,651 were 
for controlled substances. These prescriptions were not issued in the 
usual course of medical practice, in violation of 21 CFR 1306.04.
    On December 14, 2000, Dr. Nelson agreed with the Oklahoma State 
Board of License and Supervision (Board) to refrain from issuance of 
further prescriptions to internet customers. Despite this agreement, at 
least eight refills and new prescriptions for controlled substances 
attributed to Dr. Nelson continued to be filled. The Board also learned 
that Dr. Nelson had prescribed drugs for three separate internet web 
sites.
    On February 12, 2001, the Oklahoma Bureau of Narcotics and 
Dangerous Drug Control (Bureau) suspended Dr. Nelson's State narcotic 
registration, in part on the grounds that his registered address was in 
actuality a postal mail box facility, not a place of professional 
practice. The Bureau also learned that Dr. Nelson had provided a false 
social security number and date of birth in the application that he 
made with the Bureau.
    On March 1, 2001, the Oklahoma State Board of Medical License and 
Supervisions issued an Order of Emergency Suspension suspending Dr. 
Nelson's medical license, in part based on a finding that he could not 
practice medicine with a reasonable degree of safety, competency, and 
skill sufficient to protect the public health, safety, and welfare.
    On the basis of this evidence, by the OTSC dated April 6, 2001, the 
Administrator of the DEA made the preliminary findings that Dr. Nelson 
was responsible for the diversion of large quantities of controlled 
substances into other than legitimate channels, and further that Dr. 
Nelson's violation of the December 14, 2000, agreement with the Board 
demonstrated that Dr. Nelson will continue to assist in the diversion 
of controlled substances. Therefore, pursuant to 21 U.S.C. 824(d), the 
Administrator of the DEA issued an immediate suspension of Dr. Nelson's 
DEA Certificate of Registration.
    While the above-cited evidence provides ample grounds for an 
immediate suspension pursuant to section 824(d), these grounds also 
provide the basis for the revocation of Dr. Nelson's DEA Certificate of 
Registration. There is no evidence in the investigative file that Dr. 
Nelson's medical license has been reinstated since the March 1, 2001, 
Emergency Suspension by the Board. Therefore, the Administrator finds 
that Dr. Nelson is not currently authorized to practice medicine in the 
State of Oklahoma. Additionally, since there is no evidence that the 
suspension of Dr. Nelson's State narcotics registration has been 
lifted, the Administrator finds that Dr. Nelson also is not authorized 
to handle controlled substances in that State.
    The DEA does not have the statutory authority pursuant to the 
Controlled Substances Act to issue or to 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. See 21 
U.S.C. 802(21), 823(f), and 824(a)(3). This prerequisite has been 
consistently upheld in prior DEA cases. See Frank R. Pennington, M.D., 
66 FR 15,762 (DEA 2001); Romeo J. Perez, M.D., 62 FR 16,193 (DEA 1997); 
Demetris A. Green, M.D., 61 FR 60,728 (DEA 1996); Dominick A. Ricci, 
M.D., 58 FR 51,104 (DEA 1993). Here it is clear that Dr. Nelson is not 
currently authorized to handle controlled substances in the State of 
Oklahoma. As a result, he is not entitled to a DEA registration in that 
State.
    Accordingly, the 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 BN1075224, previously issued to Rick Joe 
Nelson, M.D., be, and it hereby is, revoked. This order is effective 
July 6, 2001.

    Dated: May 31, 2001.
Donnie R. Marshall,
Administrator.
[FR Doc. 01-14292 Filed 6-6-01; 8:45 am]
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