[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: 94-3030]
[[Page Unknown]]
[Federal Register: February 10, 1994]
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DEPARTMENT OF JUSTICE
[Docket No. 93-48]
Rebecca Wright Twine, M.D.; Revocation of Registration
On April 5, 1993, the Deputy Assistant Administrator (then-
Director) of the Office of Diversion Control, Drug Enforcement
Administration (DEA), issued to Rebecca Wright Twine, M.D.
(Respondent), of Uniondale, New York, an Order to Show Cause proposing
to revoke Respondent's DEA Certificate of Registration, AW8066070, and
to deny any pending applications for registration as a practitioner
under 21 U.S.C. 823(f). The proposed action was predicated on
Respondent's lack of authorization to handle controlled substances in
the State of New York. 21 U.S.C. 824(a)(3).
The Order to Show Cause was served on Respondent in person.
Respondent, acting on her own behalf, filed a letter which maintained
that the issue raised in the Order to Show Cause would be resolved in
other courts and that it was not necessary to proceed with a hearing.
Thereafter, the matter was docketed before Administrative Law Judge
Mary Ellen Bittner who directed the parties to file statements of their
respective positions as to the current status of the case.
Respondent did not respond to the administrative law judge's order.
The Government filed its case-status report and noted, inter alia, that
DEA could not be deprived of jurisdiction by other judicial or
administrative bodies. On June 25, 1993, the administrative law judge
then filed a memorandum and order, notifying Respondent that DEA did
have jurisdiction to hear the issue raised by the Order to Show Cause
and that if Respondent wanted a hearing, she should file a request on
or before July 23, 1993.
Respondent failed to file such a request. On August 2, 1993, the
administrative law judge filed an order terminating the proceedings.
Pursuant to 21 CFR 1301.54(a) and 1301.54(d), Respondent is deemed to
have waived her opportunity for a hearing. Accordingly, the Acting
Administrator now enters his final order in this matter without a
hearing and based upon the investigative file. 21 CFR 1301.57.
The Acting Administrator finds that Respondent's medical license
was revoked by the New York State Department of Health, effective
September 25, 1991. This revocation was based upon a finding that
Respondent was mentally unfit to practice medicine. Consequently,
Respondent is no longer authorized to prescribe, dispense, administer
or otherwise handle controlled substances in any schedule in the State
of New York.
The Drug Enforcement Administration cannot register or maintain the
registration of a practitioner who is not duly authorized to handle
controlled substances in the state in which she conducts her business.
21 U.S.C. 802(21), 823(f) and 824(a)(3). This prerequisite has been
consistently upheld. See James H. Nickens, M.D., 57 FR 59847 (1992);
Elliott F. Monroe, M.D., 57 FR 23246 (1992); Bobby Watts, M.D., 53 FR
11919 (1988).
No evidence of explanation or mitigating circumstances has been
offered by Respondent. Therefore, the Acting Administrator concludes
that Respondent's DEA Certificate of Registration must be revoked.
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 DEA Certificate of
Registration, AW8066070, previously issued to Rebecca Wright Twine,
M.D., be, and it hereby is, revoked, and any pending applications for
the renewal of such registration, be, and they are, denied. This order
is effective February 10, 1994.
Dated: February 4, 1994.
Stephen H. Greene,
Acting Administrator of Drug Enforcement.
[FR Doc. 94-3030 Filed 2-9-94; 8:45 am]
BILLING CODE 4410-09-M
