[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: 94-3029]
[[Page Unknown]]
[Federal Register: February 10, 1994]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 93-2]
Chester R. Barnes, M.D.; Revocation of Registration
On September 9, 1992, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Chester R. Barnes, M.D., 1625 East Fourth
Street, Los Angeles, California 90033. The Order to Show Cause sought
to revoke Dr. Barnes' (Respondent) DEA Certificate of Registration,
AB0289492, and deny any pending applications for registration as a
practitioner. The Order to Show Cause alleged that revocation of
Respondent's DEA Certificate of Registration was proper pursuant to 21
U.S.C. 824(a)(2) based on Respondent's felony conviction for illegal
distribution of controlled substances in violation of 21 U.S.C.
841(a)(1).
On October 21, 1992, counsel for Respondent requested a hearing and
the matter was placed on the docket of Administrative Law Judge Mary
Ellen Bittner. Prehearing statements were filed by counsel for the
Government and counsel for Respondent. By Order dated March 26, 1993,
the administrative law judge scheduled a telephone conference call for
April 6, 1993. When the conference call was placed, counsel for
Respondent was not available. On April 7, 1993, the administrative law
judge issued another order rescheduling the conference call for April
19, 1993. When the conference call was attempted on that date, counsel
for Respondent again failed to be present. On April 21, 1993, counsel
for the Government notified the administrative law judge that attempts
to reach a settlement with Respondent's counsel had been unsuccessful.
By Memorandum and Order dated May 17, 1993, the administrative law
judge terminated the proceedings in this matter, stating that
Respondent had waived his right to a hearing pursuant to 21 CFR
1301.54(d). Pursuant to 21 CFR 1301.54(e) and 1301.57, the Acting
Administrator hereby issues his final order in this matter based upon
the investigative file.
The Acting Administrator finds that on at least four occasions
between July 12, 1990 and August 20, 1990, Respondent issued
prescriptions for controlled substances to undercover agents for no
legitimate medical purpose. In November 1990, a search warrant was
served on Respondent's medical office and patient records were seized
for review.
At the request of a DEA Diversion Investigator, a doctor serving as
a consultant to the Medical Board of California (Board) reviewed over a
dozen of Respondent's patient files. The Board doctor concluded that in
numerous cases Respondent had ordered controlled substances for his
patients without conducting an adequate history and in the absence of
any medical complaint on the part of the patient. The Board doctor also
noted that in many instances no physical examination was conducted and
the patients' files did not contain information indicating a necessity
for the prescription of potent analgesics.
On May 13, 1993, in the United States District Court, Central
District of California, Respondent pled guilty to two felony counts of
illegal distribution of Tylenol with codeine #3 and Tylenol with
codeine #4, controlled subtances listed in Schedule III, in violation
of 21 U.S.C. 841(a)(1). Respondent was convicted on these counts on May
17, 1991. Respondent was placed on probation for a period of three
years and ordered to pay a $5,000.00 fine.
On July 12, 1993, Respondent signed a renewal application which was
received by the DEA on July 27, 1993. In this application, Respondent
answered ``no'' to the question inquiring as to whether he had ever
been convicted of a crime in connection with controlled substances. By
responding in the negative to this question, Respondent materially
falsified his application. Pursuant to 21 U.S.C. 824(a)(1), such a
falsification constitutes a separate ground upon which revocation of a
registration may be based.
In reviewing the investigative file, the Acting Administrator finds
that Respondent has exhibited poor judgment in exercising his
responsibilities which accompany a DEA Certificate of Registration.
Further, by materially falsifying his renewal application, Respondent
has exhibited a cavalier disregard for the law and a disturbing lock of
candor. As a result, the Acting Administrator concludes that Respondent
can no longer be entrusted with a DEA Certificate of Registration.
Accordingly, 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 Dr. Chester Barnes'
DEA Certificate of Registration, AB0289492, be, and it hereby is,
revoked, and further orders that Dr. Chester Barnes' renewal
application dated July 12, 1993, be, and it hereby is, denied. This
order is effective March 14, 1994.
Dated: February 4, 1994.
Stephen H. Greene,
Acting Administrator of Drug Enforcement.
[FR Doc. 94-3029 Filed 2-9-94; 8:45 am]
BILLING CODE 4410-09-M
