[Federal Register Volume 61, Number 77 (Friday, April 19, 1996)]
[Notices]
[Pages 17322-17323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9724]
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DEPARTMENT OF JUSTICE
Walter William Stoll, Jr., M.D., Revocation of Registration
On October 19, 1995, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Walter William Stoll, Jr., M.D., (Respondent),
of Nicholasville, Kentucky, notifying him of an opportunity to show
cause as to why DEA should not revoke his DEA Certificate of
Registration, AS5639286, under 21 U.S.C. 824(a)(3), and deny any
pending applications for registration pursuant to 21 U.S.C. 823(f),
because the Commonwealth of Kentucky, State Board of Medical Licensure,
had revoked his Kentucky medical license
[[Page 17323]]
by Order dated November 17, 1994. By letter dated November 15, 1995,
the Respondent waived a hearing in this matter and submitted a copy of
a letter dated October 16, 1995, which he had previously filed with the
American Board of Family Practice.
Therefore, the Deputy Administrator, after considering the
investigative file and the letters submitted by the Respondent, enters
his final order in this matter without a hearing pursuant to 21 CFR
1301.54(e) and 1301.57.
The Deputy Administrator finds that the Respondent was issued DEA
Certificate of Registration AS5639286 for his practice in
Nicholasville, Kentucky, and that this registration is due to expire on
February 28, 1997. However, DEA received a copy of a Final Order of
Revocation from the Kentucky Board of Medical Licensure (Medical Board)
dated November 17, 1994, revoking the Respondent's medical license. The
final order accepted and incorporated a Hearing Officer's Findings of
Fact and Conclusions of Law reached after a hearing was held on August
23, 1994. Also, by order dated January 3, 1995, the Jefferson Circuit
Court, Division Eight, Commonwealth of Kentucky, dismissed the
Respondent's appeal of the Medical Board's action, finding that the
Respondent had failed to perfect his appeal.
In these proceedings, the Respondent has not challenged the
authenticity of the Medical Board's final revocation order or the
court's dismissal order.
The DEA does not have statutory authority under the Controlled
Substances Act to issue or maintain a registration if the applicant or
registrant is without state authority 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 Dominick A. Ricci, M.D., 58 FR 51,104 (1993); James H. Nickens,
M.D., 57 FR 59,847 (1992); Roy E. Hardman, M.D., 57 FR 49,195 (1992);
Myong S. Yi, M.D., 54 FR 30,618 (1989); Bobby Watts, M.D., 53 FR 11,919
(1988).
Here, it is clear that the Respondent is not currently authorized
to practice medicine in the Commonwealth of Kentucky. From this fact,
the Deputy Administrator infers that, since the Respondent is not
authorized to practice medicine, he also is not authorized to handle
controlled substances. Therefore, because the Respondent lacks state
authority to handle controlled substances, he currently is not entitled
to a DEA registration.
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 AS5639286, issued to Walter William Stoll,
Jr., M.D., be, and it hereby is, revoked. The Deputy Administrator
further orders that any pending applications for the renewal of such
registration be, and they hereby are, denied. This order is effective
May 20, 1996.
Dated: April 5, 1996.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 96-9724 Filed 4-18-96; 8:45 am]
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