[Federal Register Volume 60, Number 48 (Monday, March 13, 1995)]
[Notices]
[Pages 13454-13455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6115]



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DEPARTMENT OF JUSTICE
Drug Enforcement Administration


Robert E. Sylvester, D.O.; Denial of Application

    On June 23, 1994, the Deputy Assistant Administrator of the Office 
of Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Robert E. Sylvester, D.O., (Respondent) of 
Fairfax, South Carolina, proposing to deny his application for a DEA 
Certificate of Registration as a practitioner under 21 U.S.C. 823(f). 
The Order to Show Cause alleged that Respondent's registration would be 
inconsistent with the public interest based on Respondent's lack of 
authorization to handle controlled substances in the State of South 
Carolina; that Respondent issued various controlled substances 
prescriptions for himself and others and such prescriptions were not in 
the usual course of his professional practice and not for a legitimate 
medical reason; that he had previously surrendered a DEA Certificate of 
Registration for cause; that he materially falsified an application for 
[[Page 13455]] a DEA Certificate of Registration; that he had 
previously been convicted of a felony relating to controlled 
substances; and that he submitted false medicaid claims.
    The Order to Show Cause was served on Respondent by registered 
mail. On July 14, 1994, Respondent, through counsel, submitted a 
written statement waiving a hearing, admitting all allegations except 
those pertaining to the false medicaid claims and the material 
falsification of his DEA application. The Deputy Administrator has 
considered this statement along with the investigative file. 
Accordingly, the Deputy Administrator now enters his final order in 
this matter without a hearing and based on the investigative file and 
the written statement submitted by Respondent. 21 CFR 1301.57.
    The Deputy Administrator finds that effective September 18, 1991, 
Respondent's medical license was revoked, pursuant to an Administrative 
Consent Agreement, by the State of South Carolina, Department of Health 
and Environmental Services (DHES). As a result of the DHES's action, 
Respondent is no longer authorized to prescribe, dispense, administer 
or otherwise handle controlled substances in any schedule in the State 
of South Carolina.
    The Deputy Administrator concludes that 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 
authority to handle controlled substances in the State in which he/she 
practices. See 21 U.S.C. 832(f). The Deputy Administrator and his 
predecessors have consistently so held. See Howard J. Reuben, M.D., 52 
FR 8375 (1987); Ramon Pla, M.D., Docket No. 86-54, 51 FR 41168 (1986); 
Dale D. Shahan, D.D.S., Docket No. 85-57, 51 FR 23481 (1986); and cases 
cited therein.
    Since Respondent lacks State authorization to handle controlled 
substances, it is not necessary for the Deputy Administrator to decide 
the other issues alleged in the Order to Show Cause.
    Respondent does not contest that he is not currently authorized to 
handle controlled substances in South Carolina. Therefore, the Deputy 
Administrator concludes that Respondent's application for a DEA 
Certificate of Registration must be denied.
    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 the 
application for a DEA Certificate of Registration, submitted by Robert 
E. Sylvester, D.O., be, and it is hereby denied. This order is 
effective March 13, 1995.

    Dated: March 7, 1995.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 95-6115 Filed 3-10-95; 8:45 am]
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