[Federal Register Volume 60, Number 48 (Monday, March 13, 1995)]
[Notices]
[Pages 13454-13455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6115]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Robert E. Sylvester, D.O.; Denial of Application
On June 23, 1994, the Deputy Assistant Administrator of the Office
of Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Robert E. Sylvester, D.O., (Respondent) of
Fairfax, South Carolina, proposing to deny his application for a DEA
Certificate of Registration as a practitioner under 21 U.S.C. 823(f).
The Order to Show Cause alleged that Respondent's registration would be
inconsistent with the public interest based on Respondent's lack of
authorization to handle controlled substances in the State of South
Carolina; that Respondent issued various controlled substances
prescriptions for himself and others and such prescriptions were not in
the usual course of his professional practice and not for a legitimate
medical reason; that he had previously surrendered a DEA Certificate of
Registration for cause; that he materially falsified an application for
[[Page 13455]] a DEA Certificate of Registration; that he had
previously been convicted of a felony relating to controlled
substances; and that he submitted false medicaid claims.
The Order to Show Cause was served on Respondent by registered
mail. On July 14, 1994, Respondent, through counsel, submitted a
written statement waiving a hearing, admitting all allegations except
those pertaining to the false medicaid claims and the material
falsification of his DEA application. The Deputy Administrator has
considered this statement along with the investigative file.
Accordingly, the Deputy Administrator now enters his final order in
this matter without a hearing and based on the investigative file and
the written statement submitted by Respondent. 21 CFR 1301.57.
The Deputy Administrator finds that effective September 18, 1991,
Respondent's medical license was revoked, pursuant to an Administrative
Consent Agreement, by the State of South Carolina, Department of Health
and Environmental Services (DHES). As a result of the DHES's action,
Respondent is no longer authorized to prescribe, dispense, administer
or otherwise handle controlled substances in any schedule in the State
of South Carolina.
The Deputy Administrator concludes that the DEA does not have the
statutory authority under the Controlled Substances Act to issue or
maintain a registration if the applicant or registrant is without
authority to handle controlled substances in the State in which he/she
practices. See 21 U.S.C. 832(f). The Deputy Administrator and his
predecessors have consistently so held. See Howard J. Reuben, M.D., 52
FR 8375 (1987); Ramon Pla, M.D., Docket No. 86-54, 51 FR 41168 (1986);
Dale D. Shahan, D.D.S., Docket No. 85-57, 51 FR 23481 (1986); and cases
cited therein.
Since Respondent lacks State authorization to handle controlled
substances, it is not necessary for the Deputy Administrator to decide
the other issues alleged in the Order to Show Cause.
Respondent does not contest that he is not currently authorized to
handle controlled substances in South Carolina. Therefore, the Deputy
Administrator concludes that Respondent's application for a DEA
Certificate of Registration must be denied.
Accordingly, the Deputy 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) and 0.104, hereby orders that the
application for a DEA Certificate of Registration, submitted by Robert
E. Sylvester, D.O., be, and it is hereby denied. This order is
effective March 13, 1995.
Dated: March 7, 1995.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 95-6115 Filed 3-10-95; 8:45 am]
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