[Federal Register Volume 60, Number 74 (Tuesday, April 18, 1995)]
[Notices]
[Page 19412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9486]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Alvin E. French, M.D.; Revocation of Registration
On February 7, 1994, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Alvin E. French, M.D., of Lima, New York. The
Order to Show Cause sought to revoke Dr. French's DEA Certificate of
Registration, AF6392106, and to deny any pending applications for
renewal of such registration.
The Order to Show Cause was sent to Dr. French at his registered
location, 7304 East Main Street, Box 304, Lima, New York 14485, by
registered mail. The Order to Show Cause was returned to DEA unclaimed
with a notation on the envelope indicating that the forwarding order
had expired. DEA investigators contacted the United States Post Office
in Lima as well as the New York State Department of Health in an
unsuccessful attempt to obtain a current address for Dr. French. Due to
the fact that Dr. French has left no forwarding address, he is deemed
to have waived his opportunity for a hearing. The Deputy Administrator
now enters his final order in this matter without a hearing and based
on the investigative file. See 21 CFR 1301.54(d) and 1301.57.
The Order to Show Cause alleged that Dr. French's DEA registration
should be revoked in light of the fact that he is no longer authorized
by the State of New York to handle controlled substances. See 21 U.S.C.
824(a)(3). The investigative file reveals that Dr. French voluntarily
surrendered his New York State medical license effective November 5,
1992.
It is well established that the DEA cannot register a practitioner
who is not duly authorized to handle controlled substances in the state
in which he does business. See 21 U.S.C. 823(f). The DEA has
consistently held that practitioners who lack state authorization to
handle controlled substances cannot be registered by DEA. See Ramon
Pla, M.D., 51 FR 41168 (1986); George S. Heath, M.D., 51 FR 26610
(1986); Dale D. Shahan, D.D.S., 51 FR 23481 (1986).
Consequently, the Deputy Administrator concludes that since Dr.
French is no longer authorized to handle controlled substances by the
State of New York, Dr. French's DEA Certificate of Registration should
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, AF6392106, issued to Alvin E. French,
M.D., be, and it hereby is, revoked, and that any pending applications
for registration be, and they hereby are, denied. This order is
effective May 18, 1995.
Dated: April 12, 1995.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 95-9486 Filed 4-17-95; 8:45 am]
BILLING CODE 4410-09-M
