[Federal Register Volume 59, Number 212 (Thursday, November 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27208]
[[Page Unknown]]
[Federal Register: November 3, 1994]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Owen M. Babbe, Jr., Revocation of Registration
On March 3, 1994, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Owen M. Babbe, Jr., D.D.S. of Coeur D'Arlene,
Idaho, proposing to revoke his DEA Certificate of Registration
AB7962891, and to deny any pending applications for registration as a
practitioner. 21 U.S.C. 823(f) (1992). The Basis for the Order to Show
Cause was that Dr. Babbe lacked authority to handle controlled
substances in the State of Idaho, 21 U.S.C. 824(a)(3), and that his
continued registration is inconsistent with the public interest, as the
term is used in 21 U.S.C. 823(f) and 824(a)(4).
The Order to Show Cause was sent to Dr. Babbe's registered location
in Coeur D'Arlene, Idaho by registered mail on March 3, 1994, but was
returned to DEA unclaimed. Based on information obtained from the
Washington State Department of Licensing, on April 26, 1994, the Order
to Show Cause was sent registered mail to the address provided on Dr.
Babbe's driver's license. On May 2, 1994, a signed receipt was returned
to DEA indicating a delivery date of April 28, 1994. Thereafter, on
June 10, 1994, the Order to Show Cause, in its original envelope, was
returned marked unclaimed. More than thirty days have passed since the
Order to Show Cause was delivered at Dr. Babbe's last known address.
The DEA has received no response from Dr. Babbe or anyone purporting to
represent him.
Therefore, pursuant to 21 CFR 1301.54(d), the Deputy Administrator
finds that Dr. Babbe has waived his opportunity for a hearing on the
issues raised by the Order to Show Cause. The Deputy Administrator has
carefully considered the investigative file in this matter and enters
his final order based on the provisions of 21 CFR 1301.54(e) and
1301.57.
The Deputy Administrator finds that on October 10, 1991, the Idaho
State Board of Pharmacy suspended Dr. Babbe's controlled substance
registration. On June 24, 1992, the Idaho State Board of Dentistry
(Dentistry Board) revoked Dr. Babbe's license to practice dentistry for
a period of five (5) years. The Dentistry Board concluded that on four
occasions Dr. Babbe's treatment acts and dental practices constituted
gross malpractice and on four other occasions his actions constituted
malpractice.
The Deputy Administrator has consistently held that DEA cannot
maintain the registration of a practitioner who is without State
authority to handle controlled substances. Nathaniel S. Lehrman, M.D.,
59 FR 44780 (1994) and Franz A. Arakaky, M.D., 59 FR 42074 (1994); see
also Elliott Monroe, M.D., 57 FR 23246 (1992) and Bobby Watts, M.D., 53
FR 11920 (1987). Dr. Babbe is not authorized to administer, dispense,
prescribe, or otherwise handle controlled substances in the State of
Idaho wherein he is registered with the DEA. In light of this, the
Deputy Administrator concludes that it is not necessary to address
whether Dr. Babbe's continued registration is otherwise consistent with
the public interest.
Based on the foregoing, the Deputy Administrator of the Drug
Enforcement Administration concludes that Dr. Babbe's DEA registration
must be revoked. 21 U.S.C. 824(a)(3). Accordingly, the Deputy
Administrator 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, AB7962891, previously issued to Owen
M. Babbe, Jr., D.D.S., be, and it hereby is, revoked, and that any
pending applications for the renewal of such registration, be, and they
hereby are, denied. This order is effective on November 3, 1994.
Dated: October 28, 1994.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 94-27208 Filed 11-2-94; 8:45 am]
BILLING CODE 4410-09-M
