[Federal Register Volume 59, Number 195 (Tuesday, October 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24950]
[[Page Unknown]]
[Federal Register: October 11, 1994]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Kenneth Wayne Green, Jr., M.D. Revocation of Registration
On May 4, 1994, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Kenneth Wayne Green, Jr., M.D. The order to Show
Cause proposed to revoke Dr. Green's DEA Certificate of Registration,
BG124039, and deny any pending applications for renewal of such
registration as a practitioner under 21 U.S.C. 823(f). The statutory
predicate for the issuance of the Order to Show Cause was Dr. Green's
lack of authorization to handle controlled substance in the State of
Texas. 21 U.S.C. 824(a)(3). In addition, the Order to Show Cause
alleged that Dr. Green's continued registration is inconsistent with
the public interest, as that term is used in 21 U.S.C. 823(f) and
824(a)(4).
The Order to Show Cause was sent to Dr. Green by registered mail to
his DEA registered address, 2728 Oak Lawn, Dallas, Texas and to Post
Office Box 191428, Dallas, Texas. Both Orders were returned to DEA
unclaimed with the notation ``addressee unknown.'' DEA Investigators
made numerous attempts to locate Dr. Green. Investigators went to Dr.
Green's DEA registered location, which was his medical office, and
learned that the office had been closed and the doors padlocked.
Investigators also went to Dr. Green's residence and to his parent's
residence. Additionally, they contacted the state medical authorities
and the post office.
In their attempt to locate Dr. Green, DEA Investigators learned
that he maintained a mailbox at a mailbox service company located at
729 Grapevine Highway, Hurst, Texas. DEA Investigators personally
delivered the Order to Show Cause to that location. An employee
confirmed that Dr. Green had a mailbox with that company. Some time
later, that Order to Show Cause was returned to DEA unclaimed.
The Deputy Administrator finds that the DEA Investigators made
numerous attempts to locate Dr. Green and have determined that his
whereabouts are unknown. It is quite evident that Dr. Green is no
longer practicing medicine at the address listed on his DEA Certificate
of Registration. The Deputy Administrator concludes that considerable
effort has been made to serve Dr. Green with the Order to Show Cause
without success. Consequently, the Deputy Administrator now enters his
final order in this matter based on the investigative file. 21 CFR
1301.54 and 1301.57.
The DEA investigative file reveals that Respondent had abused
Demerol and Vicodin, Schedule II and III controlled substances,
respectively; had been hospitalized for drug and alcohol abuse on
February 7, 1991; had participated in an impaired professional program
between March and June 1991; and lost his clinical privileges at a
medical center in April 1991, due to his intemperate use of Demerol and
Vicodin. Based upon those findings, on April 10, 1992, Dr. Green and
the Texas State Board of Medical Examiners (Board), entered into an
agreed Order whereby Dr. Green's license to practice medicine was
suspended for ten years. The suspension was probated under certain
terms and conditions. One term provided that Dr. Green abstain from the
consumption of alcohol and chemical substances. Another term required
that Dr. Green provide either a urine or blood specimen at the request
of a Board representative.
On June 5, 1992, a compliance officer with the Board collected a
urine sample from Dr. Green. The sample tested positive for cocaine. As
a result, on August 28, 1993, the Board again suspended Dr. Green's
license to practice medicine for ten years, said suspension stayed. Dr.
Green's medical license was placed on probation under certain terms and
conditions. One condition required that Dr. Green abstain from the
consumption of alcohol and chemical substances.
On November 2, 1993, the compliance officer returned to Dr. Green's
office to obtain a urine specimen. Dr. Green initially refused to
comply with that request. Approximately three hours later, he provided
a urine sample. The sample tested positive for amphetamines and
methamphetamine.
The investigative file further reveals that Dr. Green violated
other provisions of the Texas Board Orders dated April 10, 1992 and
August 28, 1993. Dr. Green failed to participate in the activities of
the Dallas County Medical Society Committee on Physician Health and
Rehabilitation; failed to receive treatment from his counselors and
from his treating physician; and failed to immediately submit himself
for a random screening for alcohol or drugs on November 2, 1993.
As a result of the foregoing, the Board issued a Final Order, dated
August 19, 1994, revoking Dr. Green's license to practice medicine in
the State of Texas. Additionally, Dr. Green failed to renew his Texas
controlled substances registration on or before March 31, 1994.
Consequently, he is no longer authorized to handle controlled
substances in the State of Texas.
The Deputy Administrator concludes that, based upon the information
contained in the investigative file, there are sufficient grounds for
the revocation of Dr. Green's DEA Certificate of Registration and for
the denial of any pending applications for renewal. The fact that Dr.
Green is no longer authorized to handle controlled substances in the
State of Texas is a sufficient ground, by itself, to order the
renovation of his registration. DEA has consistently held that it
cannot maintain the registration of a practitioner who is not
authorized to handle controlled substances in the state in which he
practices. 21 U.S.C. 823(f); Stephen A. Richards, D.D.S., 59 FR 42074
(1994); Scot Kazalla, D.D.S., 59 FR 28424 (1994); Myong S. Yi, M.D. 54
FR 30618 (1989); William D. Romers, D.D.S., 52 FR 12621 (1987); Ramon
Pla, M.D., 51 FR 41168 (1986); Kenneth K. Birchard, M.D., 48 FR 33778
(1983); and cases cited therein. Since Dr. Green is no longer
authorized to handle controlled substances in the State of Texas, the
Deputy Administrator cannot maintain his DEA Certificate of
Registration in that state.
In addition, the information regarding Dr. Green's history of drug
abuse provides further support for the revocation of his registration
and for the denial of any pending applications for renewal. The Deputy
Administrator finds that Dr. Green's continued drug usage and relapses
leads to the conclusion that he cannot be entrusted with the
responsibilities of a DEA registrant and that his continued possession
of a registration would be contrary to the public interest. Allan L.
Gant, D.O., 59 FR 10826 (1994); David M. Headley, M.D., 58 FR 58183
(1994); Robert W. Sonntag, M.D., 53 FR 45606 (1988).
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 (59 FR 23637) hereby orders
that DEA Certificate of Registration, BG1204039, previously issued to
Kenneth Wayne Green, Jr., M.D., be, and it hereby is, revoked. The
Deputy Administration further orders that all pending applications for
the renewal of such registration, be, and hereby are, denied. This
order is effective November 10, 1994.
Stephen H. Greene,
Deputy Administrator.
Dated: October 3, 1994.
[FR Doc. 94-24950 Filed 10-7-94; 8:45 am]
BILLING CODE 4410-09-M
