[Federal Register Volume 62, Number 60 (Friday, March 28, 1997)]
[Notices]
[Pages 14948-14949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7884]
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DEPARTMENT OF JUSTICE
John C. Turley, III, M.D.; Denial of Application
On July 1, 1996, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to John C. Turley, III, M.D., of Memphis,
Tennessee, notifying him of an opportunity to show cause as to why DEA
should not deny his application for a DEA Certificate of Registration
as a practitioner pursuant to 21 U.S.C. 823(f), as being inconsistent
with the public interest. The order also notified Dr. Turley that
should not request for a hearing be filed within 30 days, his hearing
right would be deemed waived.
The DEA mailed the show cause order to Dr. Turley at the address
listed on his application for registration. Subsequently, the DEA
received a signed receipt showing that the order was received on July
8, 1996. No request for a hearing or any other reply was received by
the DEA from Dr. Turley or anyone purporting to represent him in this
matter. Therefore, the Acting Deputy Administrator, finding that (1)
thirty days have passed since the receipt of the Order to Show Cause,
and (2) no request for a hearing having been received, concludes that
Dr. Turley is deemed to have waived his hearing right. After
considering relevant material from the investigative file in this
matter, the Acting Deputy Administrator now enters his final order
without a hearing pursuant to 21 C.F.R. 1301.54(e) and 1301.57.
The Acting Deputy Administrator finds that an investigation in 1986
by the Memphis Metro Narcotics Unit revealed that beginning in at least
1984, Dr. Turley issued prescriptions to three individuals for
Dilaudid, a Schedule II controlled substance, in exchange for sexual
favors and/or cash and for no legitimate medical purpose. Sometimes,
Dr. Turley issued the prescriptions to one of the individuals using the
names of her husband or son.
In June 1990, a local police department arrested an individual who
attempted to fill a prescription for Lorcet, a Schedule III controlled
substance, bearing Dr. Turley's name as the prescribing physician. It
was believed that the prescription was forged. Subsequently, Dr. Turley
verified that he had in fact issued the prescription to the individual,
and therefore all charges against the individual were dismissed. The
individual then agreed to cooperate in an investigation of Dr. Turley.
The individual indicated that commencing in late 1986 or early
1987, he began receiving controlled substances and/or prescriptions for
such substances from Dr. Turley in exchange for various items such as
televisions, stereos, automobile alarms, and guns. On July 19, 1990,
the individual, while being monitored by Federal agents, gave Dr.
Turley two fully automatic machine guns with silencers in exchange for
100 Ultragesic capsules, a Schedule III controlled substance.
As a result, on August 29, 1990, an information was filed in the
United States District Court for the Western District of Tennessee
charging Dr. Turley with one count of unlawful distribution of a
controlled substance in violation of 21 U.S.C. 841(a)(1) and two counts
of unlawful receipt and possession of a firearm. On February 19, 1991,
following his guilty plea, Dr. Turley was convicted of all three counts
and sentenced to six months imprisonment as to each count to run
concurrently, followed by three years of supervised released and was
fined $13,000.00. As part of the plea agreement, no charges would be
brought against Dr. Turley for his unlawful prescribing of Dilaudid to
the three individuals in exchange for sexual favors.
On August 31, 1990, Dr. Turley surrendered his previous DEA
Certificate of Registration, and on September 19, 1990, the Tennessee
Board of Medical Examiners (Board) issued an Order summarily suspending
his license to practice medicine in the State of Tennessee. The Board
found that emergency action was necessary ``to prevent [Dr. Turley]
from continuing his repeated and dangerous prescribing of addictive or
contra-indicated controlled substances and to stop his criminal
behavior involving the dispensing or prescribing of controlled
substances for illegal reasons.'' On February 14, 1992, the Board
ordered that Dr. Turley's medical license remain suspended for at least
six months. Thereafter, on July 27, 1992, the Board reinstated Dr.
Turley's license to practice medicine, placing him on probation for two
years and ordering him to maintain a contract with the Tennessee
Medical Foundation's Impaired Physicians Program for two years.
Subsequently, on September 14, 1994, the Board terminated Dr. Turley's
probation, and as a result, Dr. Turley's medical license is
unrestricted.
Pursuant to 21 U.S.C. 823(f), the Deputy Administrator may deny an
application for a DEA Certificate of Registration, if he determines
that the registration would be inconsistent with the public interest.
Section 823(f) requires that the following factors be considered:
(1) The recommendation of the appropriate State licensing board or
professional disciplinary authority.
(2) The applicant's experience in dispensing, or conducting
research with respect to controlled substances.
(3) The applicant's conviction record under Federal or State laws
relating to the manufacture, distribution, or dispensing of controlled
substances.
(4) Compliance with applicable, State, Federal, or local laws
relating to controlled substances.
[[Page 14949]]
(5) Such other conduct which may threaten the public health and
safety.
These factors are to be considered in the disjunctive; the Deputy
Administrator may rely on any one or a combination of factors and may
give each factor the weight he deems appropriate in determining whether
a registration should be revoked or an application for registration be
denied. See Henry J. Schwarz, Jr., M.D., Docket No. 88-42, 54 FR 16,422
(1989).
Regarding factor one, the recommendation of the appropriate state
licensing board, the Acting Deputy Administrator finds that while
serious action was taken against Dr. Turley's Tennessee medical license
in the past, this license is currently unrestricted. The Acting Deputy
Administrator also finds however, that an unrestricted medical license
is not dispositive of whether an applicant's registration with DEA is
in the public interest.
As to Dr. Turley's experience in dispensing controlled substances,
it is undisputed that Dr. Turley seriously abused his privileges as a
DEA registrant. He dispensed controlled substances on numerous
occasions for no legitimate medical purpose and in exchange for sexual
favors and merchandise.
Regarding factors three and four, the record is clear that Dr.
Turley was convicted of one count of unlawful distribution of
controlled substances in violation of 21 U.S.C. 841(a)(1). This
conviction was the result of the exchange of Ultragesic capsules for
the two machine guns with silencers. However, it is evident that Dr.
Turley failed to comply with 21 U.S.C. 841(a)(1) on numerous other
occasions. He dispensed Dilaudid, an extremely addictive and dangerous
substance, to at least three individuals for no legitimate medical
purpose in exchange for sexual favors. In addition, he dispensed a
variety of controlled substances to an individual for no legitimate
medical purpose in exchange for merchandise.
The Acting Deputy Administrator concludes that Dr. Turley's past
behavior as a DEA registrant was reprehensible. There is no indication
that he can now be trusted to responsibly handle controlled substances,
and therefore Dr. Turley's registration with DEA would be inconsistent
with the public interest.
Accordingly, the Acting Deputy Administrator of the Drug
Enforcement Administration, pursuant to the authority vested in him by
21 U.S.C. 823, and 28 C.F.R. 0.100(b) and 0.104, hereby orders that the
application submitted by John C. Turley, III, M.D. for a DEA
Certificate of Registration be, and it hereby is, denied. This order is
effective April 28, 1997.
Dated: March 14, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-7884 Filed 3-27-97; 8:45 am]
BILLING CODE 4410-09-M
