[Federal Register Volume 60, Number 57 (Friday, March 24, 1995)]
[Notices]
[Page 15588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7318]
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DEPARTMENT OF JUSTICE
Charles L. Sweet, M.D.; Revocation of Registration
On November 7, 1994, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Charles L. Sweet, M.D., of 219 Broadway, PO. Box
518, Fullerton, Nebraska. The Order to Show Cause proposed to revoke
Dr. Sweet's DEA Certificate of Registration, BS2051061, under 21 U.S.C.
824(a)(3), and deny any pending applications for renewal of such
registration under 21 U.S.C. 823(f).
The Order to Show Cause was served on Dr. Sweet on November 14,
1994. More than thirty days have passed since the Order to Show Cause
was received by Dr. Sweet. The Drug Enforcement Administration has
received no response from Dr. Sweet or anyone purporting to represent
him.
Pursuant to 21 CFR 1301.54(d), the Deputy Administrator finds that
Dr. Sweet has waived his opportunity for a hearing. Accordingly, under
the provisions of 21 CFR 1301.54(e) and 1301.57, the Deputy
Administrator enters his final order in this matter without a hearing
and based on the investigative file.
The Deputy Administrator finds that in 1975, Dr. Sweet's DEA
Certificates of Registration, AS4344951 and AS4355168 were retired
based on his failure to renew them. As a result of his failure to renew
his DEA registrations, Dr. Sweet's Nebraska State controlled substance
registration was revoked on June 5, 1989. On June 29, 1989, DEA sent
Dr. Sweet a letter of admonition advising him that he could not handle
controlled substances until he obtained a DEA registration.
Dr. Sweet subsequently reapplied for DEA and Nebraska controlled
substance registrations, and in October 1989, Dr. Sweet was issued DEA
Certificate of Registration, BS2051061, as well as a Nebraska
controlled substance registration. However, an investigation by the
Nebraska Department of Health, Bureau of Examining Boards revealed that
between June and October 1989, Dr. Sweet wrote numerous prescriptions
for controlled substances when he did not possess either a DEA
registration and/or a Nebraska controlled substance registration. As a
result, on November 8, 1991, Dr. Sweet's Nebraska controlled substance
registration was revoked. In addition, effective October 15, 1992, Dr.
Sweet's state license to practice medicine and surgery was also
revoked.
The Deputy Administrator finds that as of November 8, 1991, Dr.
Sweet's license to handle controlled substances in the State of
Nebraska was revoked, and as a result, he is unable to handle
controlled substances. 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 he
conducts his 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 Monroe, M.D., 57 FR 23246 (1992); Bobby
Watts, M.D., 53 FR 11919 (1988).
Based on the foregoing, it is clear that Dr. Sweet's DEA
Certificate of Registration must be revoked. 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 DEA Certificate of Registration,
BS2051061, previously issued to Charles L. Sweet, 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 April 24, 1995.
Dated: March 20, 1995.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 95-7318 Filed 3-23-95; 8:45 am]
BILLING CODE 4410-09-M
