[Federal Register Volume 62, Number 77 (Tuesday, April 22, 1997)]
[Notices]
[Page 19603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10372]
[[Page 19603]]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Eustance F. Douglas, M.D.; Revocation of Registration
On July 22, 1996, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Eustance F. Douglas, M.D., of Racine, Wisconsin,
notifying him of an opportunity to show cause as to why DEA should not
revoke his DEA Certificate of Registration, AD2704256, under 21 U.S.C.
824(a)(3), and deny any pending applications for renewal of such
registration as a practitioner pursuant to 21 U.S.C. 823(f), for reason
that he is not currently authorized to handle controlled substances in
the State of Wisconsin. The order also notified Dr. Douglas that should
no request for a hearing be filed within 30 days, his hearing right
would be deemed waived.
The DEA received a signed receipt indicating that the order was
received by Dr. Douglas on July 27, 1996. No request for a hearing or
any other reply was received by the DEA from Dr. Douglas or anyone
purporting to represent him in this matter. Therefore, the Acting
Deputy Administrator, finding that (1) 30 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. Douglas is deemed to have
waived his hearing right. After considering the relevant materials from
the investigative file in the 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 by a Final Decision and
Order dated August 25, 1993, the Wisconsin Medical Examining Board
accepted Dr. Douglas's surrender of his Wisconsin license to practice
medicine and surgery effective August 31, 1993. The Acting Deputy
Administrator finds that in light of the fact that Dr. Douglas is not
current licensed to practice medicine in the State of Wisconsin, it is
reasonable to infer that he is not currently authorized to handle
controlled substances in that state.
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 F.R. 51,104 (1993); James H. Nickens,
M.D., 57 F.R. 59,847 (1992); Roy E. Hardman, M.D., 57 F.R. 49,195
(1992).
Here, it is clear that Dr. Douglas is not currently authorized to
handle controlled substances in the State of Wisconsin. Therefore, Dr.
Douglas is not entitled to a DEA registration in that state.
Accordingly, the Acting Deputy Administrator of the Drug
Enforcement Administration, pursuant to the authority vested in him by
21 U.S.C. 823 and 824 and 28 C.F.R. 0.100(b) and 0.104, hereby orders
that DEA Certificate of Registration AD2704256, previously issued to
Eustance F. Douglas, M.D., be, and it hereby is, revoked. The Acting
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 22, 1997.
Dated: April 8, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-10372 Filed 4-21-97; 8:45 am]
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