[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: 94-3031]
[[Page Unknown]]
[Federal Register: February 10, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
[Docket No. 93-72]
William G. Gray, M.D.; Revocation of Registration
On July 23, 1993, the Deputy Assistant Administrator (then-
Director) of the Office of Diversion Control, Drug Enforcement
Administration (DEA), issued an Order to Show Cause to William G. Gray,
M.D. (Respondent), of Roanoke, Virginia proposing to revoke his DEA
Certificate of Registration, AG3146431, and to deny any pending
applications for registration as a practitioner under 21 U.S.C. 823(f).
The proposed action was based on Respondent's lack of state
authorization to handle controlled substances in the Commonwealth of
Virginia, as well as, his prescribing or dispensing various controlled
substances to several individuals, two of whom were minors, without a
legitimate medical purpose and outside the scope of professional
practice.
The Order to Show Cause was sent to Respondent by registered mail.
Respondent, through counsel, filed a request for a hearing and the
matter was docketed before Administrative Law Judge Mary Ellen Bittner.
On September 20, 1993, the Government filed a motion for summary
disposition based upon an order of the Commonwealth of Virginia,
Virginia Board of Medicine, which suspended Respondent's medical
license for an indefinite period of time, effective march 6, 1992.
Respondent filed a response seeking a continuance of the
proceedings until the Virginia Board of Medicine could review the
summary suspension of Respondent's medical license. Thereafter, on
October 19, 1993, Respondent filed an additional response which
explained that the Virginia Board of Medicine did hold a hearing and,
in fact, voted to revoke Respondent's medical license as of October 7,
1993. Respondent also withdrew his opposition to the Government's
motion for summary disposition.
On October 25, 1993, in her opinion and recommended decision, the
administrative law judge granted the Government's motion for summary
disposition and recommended that Respondent's DEA Certificate of
Registration issued to him in Virginia be revoked based upon
Respondent's current lack of state authorization to handle controlled
substances in the Commonwealth of Virginia. Neither party filed
exceptions to the opinion and recommended decision. On November 23,
1993, the administrative law judge transmitted the record to the Acting
Administrator. The Acting Administrator has carefully considered the
entire record in this matter and pursuant to 21 CFR 1316.67, hereby
issues his final order in this matter based upon findings of fact and
conclusions of law as hereinafter set forth.
The Acting Administrator finds that Respondent's controlled
substance license was revoked by the Commonwealth of Virginia, Virginia
Board of Medicine on October 7, 1993. This revocation was based upon
allegations concerning the improper prescribing and dispensing of
controlled substances.
Consequently, Respondent is no longer authorized to prescribe,
dispense, administer or otherwise handle controlled substances in the
Commonwealth of Virginia. The Acting Administrator concludes that DEA
does not have the statutory authority under the Controlled Substances
Act to issue a registration if the applicant is without state authority
to handle controlled substances. 21 U.S.C. 802(21) and 823(f). The
Acting Administrator and his predecessors have consistently so held.
See Ramon Pla, M.D., Docket No. 86-54, 51 FR 41168 (1986); George S.
Heath, MD., Docket No. 86-24, 51 FR 26610 (1986); Dale D. Shahan,
D.D.S., Docket No. 85-57, 51 FR 23481 (1986); and cases cited therein.
Respondent concedes that his license to practice medicine in the
Commonwealth of Virginia is revoked and does not contest the
Government's motion for summary disposition at this time. 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 the DEA Certificate
of Registration, AG3146431, previously issued to William G. Gray, M.D.,
be, and it hereby is, revoked and that any pending applications for
renewal of such registration be, and they hereby are, denied. This
order is effective February 10, 1994.
Dated: February 4, 1994.
Stephen H. Greene,
Acting Administrator of Drug Enforcement.
[FR Doc. 94-3031 Filed 2-9-94; 8:45 am]
BILLING CODE 4410-09-M
