[Federal Register Volume 59, Number 28 (Thursday, February 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3027]
[[Page Unknown]]
[Federal Register: February 10, 1994]
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DEPARTMENT OF JUSTICE
Herbert J. Robinson, M.D.; Revocation of Registration
On August 31, 1993, the Deputy Assistant Administrator (then-
Director), Office of Diversion Control, Drug Enforcement Administration
(DEA), issued an Order to Show Cause to Herbert J. Robinson, M.D.
(Respondent), of San Antonio, Texas, proposing to revoke his DEA
Certificate or Registration, BR2619887, and deny any pending
applications for registration as a practitioner. The statutory basis
for the Order to Show Cause was that Dr. Robinson had materially
falsified a response on his DEA application for registration. 21 U.S.C.
824(a)(1).
The Order to Show Cause was served on Dr. Robinson on September 9,
1993, By letter dated October 1, 1993, the Respondent submitted,
through counsel, copies of various documents and a written statement in
which he waived his right to a hearing in this matter. The Acting
Administrator has carefully considered the Respondent's written
submission and the DEA investigative file in this case. Accordingly,
under the provision of 21 CFR 1301.54 and 1301.57, the Acting
Administrator enters his final order in this matter, based on findings
of fact and conclusions of law as hereinafter set forth.
The Acting Administrator finds that in June 1986, the DEA, in
conjunction with the Texas Board of Medical Examiners (Board) initiated
an investigation based on a review of pharmacy records which indicated
that the Respondent's prescribing practices might not be for legitimate
medical uses. The Respondent prescribed large quantities of the
controlled substance Talwin and the non-controlled substance
pyribenzamine (PBZ), which when used in combination, are highly
desirable on the street and is known as ``T's and Blues''.
In 1987, the Board subpoenaed patient records from the Respondent,
which he refused to provide. On September 24, 1988, the Board suspended
Respondent's medical license indefinitely until he provided the records
in question. Meanwhile, the DEA was unable to determine the
Respondent's whereabouts, and the Respondent's previous DEA Certificate
of Registration, AR0950469, expired in normal course on April 30, 1989,
and was not renewed.
Thereafter, on January 12, 1991, the Board issued an order
terminating the Respondent's license suspension and indicated that he
had satisfactorily provided them the records in question, and concluded
that there was no apparent violation of the State Medical Practice Act.
On January 23, 1991, the Respondent executed a Renewal Application
for DEA Registration utilizing the DEA renewal form sent to him prior
to the 1989 expiration of his registration. On February 7, 1991, the
DEA sent the Respondent a form letter indicating that since his old
registration number had expired and been retired, it would be necessary
for him to complete an application for a new registration. On February
13, 1991, the Respondent executed an application for registration in
which he checked ``NO'' in answer to question 4(b) which states:
Has the applicant ever been convicted of a crime in connection
with controlled substances under State or Federal law, or ever
surrendered or had a Federal controlled substance registration
revoked, suspended, restricted or denied, or ever had a State
professional license or controlled substance registration revoked,
suspended, denied, restricted or placed on probation?
Based on the information that the Respondent provided in this
application, the DEA routinely processed his application and assigned a
new DEA registration number, BR2619887. Had the Respondent truthfully
indicated the fact of his prior State license suspension, a new DEA
investigation would likely have been convened to determine all the
underlying facts and circumstances before action was taken on his
application.
In their written submission, Counsel for Respondent represented
that the response was ``unintentionally in error in part'', while
Respondent, in his written statement, explained that:
The response stating ``no'' to a question which asked in part
whether you had ever has [sic] a state professional license or
controlled substance registration revoked, suspended, denied,
restricted, or placed on probation was in error if the response is
limited to the professional license suspension and correct if
applied to the remainder of the question.
A DEA application for registration is an application pursuant to 21
U.S.C. 823(f) and 21 CFR 1301.21. The Acting Administrator finds that
the response made by the Respondent to Question 4(b) in his application
for registration was untrue.
The Acting Administrator further finds that the Respondent's
medical license was suspended from September 1988 until January 1991.
The restoration of his medical license was contingent on the Respondent
taking action to provide specific patient records to the Board. By
January 1991, the Respondent ostensibly completed a series of
administrative actions in order to restore himself to full State
practice. In addition to State mandates, Respondent also knew that he
had to meet Federal registration requirements: he filed a DEA renewal
application form (albeit outdated), which does not have a question
regarding revocation or suspension of State professional licenses, with
DEA in January 1991; received a letter from DEA requesting that he file
a new application form on February 7, 1991; and filed a new application
on February 13, 1991.
The Acting Administrator finds that at the time of his application
for registration, the Respondent knew that his State professional
license had been previously suspended, and that the Respondent knew or
should have known that the response he made to Question 4(b) was false.
The Administrator may revoke or suspend a DEA Certificate of
Registration under 21 U.S.C. 824(a), upon a finding that the
registrant:
(1) Has materially falsified any application filed pursuant to or
required by this subchapter or subchapter II of this chapter;
(2) Has been convicted of a felony under this subchapter or
subchapter II of this chapter or any other law of the United States, or
of any State relating to any substance defined in this subchapter as a
controlled substance;
(3) Has had his State license or registration suspended, revoked,
or denied by competent State authority and is no longer authorized by
State law to engage in the manufacturing, distribution, or dispensing
of controlled substances or has had the suspension, revocation, or
denial of registration recommended by competent State authority;
(4) Has committed such acts as would render his registration under
section 823 of this title inconsistent with the public interest as
determined under such section;
(5) Has been excluded (or directed to be excluded) from
participation in a program pursuant to Section 1320a-7(a) of Title 42.
The Acting Administrator concludes that the Respondent materially
falsified his application for registration and that his registration
must be revoked. Bobby Watts, M.D., 58 FR 46995 (1993); see also, Jess
B. Caderao, M.D., 48 FR 38560 (1983) and Ronald H. Futch, M.D., 53 FR
38990 (1988). However, since the Respondent has stated in his
submissions that he wishes to cooperate fully with the DEA in the
resolution of this matter, the Acting Administrator has accepted this
representation in mitigation. Accordingly, if after the passage of one
year from the effective date of this order, the Respondent applies for
DEA registration, and has otherwise been in compliance with the laws
and regulations relating to controlled substances, his application will
be given favorable consideration.
The Acting 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), hereby orders that the DEA Certificate of Registration,
BR2619887, previously issued to Herbert J. Robinson, M.D., be, and it
hereby is, revoked. This order is effective March 14, 1994.
Dated: February 4, 1994.
Stephen H. Greene,
Acting Administrator of Drug Enforcement.
[FR Doc. 94-3027 Filed 2-9-94; 8:45 am]
BILLING CODE 4410-09-M
