[Federal Register Volume 60, Number 68 (Monday, April 10, 1995)]
[Notices]
[Page 18143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X95-10410]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 94-82]
Earl N. Caldwell, M.D.; Revocation of Registration
On August 31, 1994, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Earl N. Caldwell, M.D. of Highland Park,
Illinois (Respondent), proposing to revoke his DEA Certificate of
Registration, BC0950104, and deny any pending applications for
registration as a practitioner. The statutory basis for the Order to
Show Cause was that Respondent's continued registration would be
inconsistent with the public interest pursuant to 21 U.S.C. 823(f), and
that Respondent was no longer authorized to handle controlled
substances in the State of Illinois. 21 U.S.C. 824 (a)(3) and (a)(4).
Respondent, through counsel, requested a hearing on the issues
raised in the Order to Show Cause and the matter was docketed before
Administrative Law Judge Mary Ellen Bittner. Following prehearing
procedures, the Government filed a motion for summary disposition on
October 11, 1994, alleging that Respondent no longer held state
authorization to handle controlled substances on the ground that the
Illinois Department of Professional Responsibility, Medical
Disciplinary Board, had placed Respondent's medical license on
probation for five years and suspended his authority to handle
controlled substances for the duration of that probationary term.
Respondent filed an opposition to the Government's motion for summary
disposition on October 31, 1994, arguing that the Illinois Board's
decision had been rendered in error and, therefore, was not final
pending administrative review.
On November 2, 1994, the administrative law judge entered her
opinion and recommended a decision granting the Government's motion for
summary disposition and recommending that the Respondent's DEA
Certificate of Registration be revoked. No exceptions were filed by
either party.
On December 2, 1994, the administrative law judge transmitted the
record to the Deputy Administrator. After a careful consideration of
the record in its entirety, the Deputy Administrator enters his final
order in this matter pursuant to 21 CFR 1316.67, based on findings of
fact and conclusions of law as set forth herein.
Effective May 13, 1992, the Illinois Department of Professional
Responsibility, Medical Disciplinary Board, suspended Respondent's
license to practice medicine for five years and suspended his authority
to handle controlled substances for the duration of that period.
Respondent does not deny that his state license has been placed on
probation for five years. As a result, Respondent is no longer
authorized to dispense controlled substances in the State of Illinois.
The DEA has consistently held that it does not have statutory
authority under the Controlled Substances Act to register a
practitioner unless that practitioner is authorized to dispense
controlled substances by the state in which he proposes to practice.
See Lawrence R. Alexander, M.D., 57 FR 22256 (1992); Bobby Watts, M.D.,
53 FR 11919 (1988); Robert F. Witek, D.D.S., 52 FR 4770 (1987).
In a case where a practitioner is no longer authorized to handle
controlled substances in the state in which he proposes to practice, a
motion for summary disposition is properly entertained. It is well
settled that where no question of fact exists, or where the material
facts are agreed, a plenary administrative proceeding is not required.
Phillip E. Kirk, M.D., 48 FR 32887 (1983), aff'd sub nom Kirk v.
Mullen, 749 F.2d 297 (6th Cir. 1984).
The Deputy Administrator adopts the Opinion and Recommended
Decision of the Administrative Law Judge in its entirety. 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, BC0950104, previously issued to Earl N. Caldwell, M.D.,
be, and it hereby is, revoked, and any pending applications for such
registration be, and hereby are, denied. This order is effective May
10, 1995.
Dated: April 3, 1995.
Stephen H. Greene,
Deputy Administrator.
FR. Doc. 95-8650 Filed 4-7-95; 8:45 am]
BILLING CODE 4410-09-M
