[Federal Register Volume 61, Number 231 (Friday, November 29, 1996)]
[Notices]
[Pages 60728-60729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30379]
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DEPARTMENT OF JUSTICE
Demetris A. Green, M.D.; Revocation of Registration
On February 20, 1996, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Demetris A. Green, M.D., of Houston, Texas,
notifying him of an opportunity to show cause as to why DEA should not
revoke his DEA Certificate of Registration, BG3952339, under 21 U.S.C.
824(a)(3) and 824(a)(4), and deny any pending applications for
registration pursuant to 21 U.S.C. 823(f), for reason that he is not
currently authorized to handle controlled substances in the State of
Texas and his continued registration would be inconsistent with the
public interest. The order also notified Dr. Green that should no
request for a hearing be filed within 30 days, his hearing right would
be deemed waived.
The DEA mailed the show cause order to Dr. Green at two addresses
in Houston, Texas. Subsequently, the DEA received a signed receipt
showing that one of the orders was received on February 24, 1996. No
request for a hearing or any other reply was received by the DEA from
Dr. Green or anyone purporting to represent him in this matter.
Therefore, the Acting Deputy Administrator, finding that (1) thirty
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. Green
is deemed to have waived his hearing right. After considering relevant
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. 1301.54(e) and 1301.57.
The Acting Deputy Administrator finds that, by order dated November
3, 1994, the Texas State Board of Medical Examiners (TSBME) suspended
Dr. Green's license to practice medicine based upon his ``intemperate
use of alcohol or drugs, that in the opinion of the board, could
endanger the lives of patients.'' The TSBME further found that on
October 7, 1994, Dr. Green was involuntarily admitted to a treatment
program for symptoms related to cocaine addiction. The TSBME ordered
that Dr. Green surrender his DEA Certificate of Registration, as well
as his state controlled substance license.
Based upon the TSBME order, the Texas Department of Public Safety
(DPS) canceled Dr. Green's Texas controlled substance registration on
December 1, 1994. Subsequent to the TSBME and DPS actions, in March
1995, Dr. Green issued controlled substance prescriptions.
Consequently, on December 9, 1995, Dr. Green entered into an Agreed
Order with the TSBME whereby the suspension of his medical license was
continued for a minimum of two years, and he was again ordered to
surrender his DEA Certificate of Registration. Efforts by DEA to obtain
Dr. Green's surrender of his DEA registration have been unsuccessful.
In light of the actions by the TSBME and the DPS, the Acting Deputy
Administrator concludes that Dr. Green is not currently authorized to
handle controlled substances in the State of Texas.
The DEA does not have 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).
[[Page 60729]]
This prerequisite has been consistently upheld. See Dominick A. Ricci,
M.D., 58 Fed. Reg. 51,104 (1993); James H. Nickens, M.D., 57 Fed. Reg.
59,847 (1992); Roy E. Hardman, M.D., 57 Fed. Reg. 49,195 (1992). Here,
it is clear that Dr. Green is neither currently authorized to practice
medicine nor to dispense controlled substances in the State of Texas.
Therefore, Dr. Green currently is not entitled to a DEA registration.
Because Dr. Green is not entitled to a DEA registration due to his lack
of state authorization to handle controlled substances, the Acting
Deputy Administrator concludes that it is unnecessary to address
whether Dr. Green's continued 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 824 and 28 C.F.R. 0.100(b) and 0.104, hereby orders
that DEA Certificate of Registration, BG3952339, previously issued to
Demetris A. Green, M.D., be, and it hereby is, revoked. The Acting
Deputy Administrator further orders that any pending applications for
registration be, and they hereby are, denied. This order is effective
December 30, 1996.
Dated: November 19, 1996.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 96-30379 Filed 11-27-96; 8:45 am]
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