[Federal Register Volume 59, Number 99 (Tuesday, May 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12569]
[[Page Unknown]]
[Federal Register: May 24, 1994]
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DEPARTMENT OF JUSTICE
[Docket No. 93-41]
David L. Trent, M.D; Revocation of Registration
On March 22, 1993, the Deputy Assistant Administrator (then
Director), Office of Diversion Control, Drug Enforcement Administration
(DEA), issued an Order to Show Cause to David L. Trent, M.D., 12013
Surrey Lane, Oklahoma City, Oklahoma 73099. The Order to Show Cause
sought to revoke Dr. Trent's (Respondent) DEA Certificate of
Registration, AT8064379, and deny any pending applications for
registration as a practitioner for reason that Respondent's continued
registration would be inconsistent with the public interest as that
term is used in 21 U.S.C. 824(a)(4) and 823(f). The Order to Show Cause
alleged that between 1989 and 1992, Respondent prescribed numerous
controlled substances to at least two individuals, including an
undercover officer, for no legitimate medical purpose and outside the
scope of professional practice.
On April 30, 1993, Respondent filed a request for hearing on the
matters raised in the Order to Show Cause. The matter was placed on the
docket of Administrative Law Judge Paul A. Tenney. Following the
submission of the parties' prehearing statements, a hearing date was
set for September 22, 1993. On September 14, 1993, the Government filed
a motion for summary disposition based on the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control's (OBNDDC) September 13, 1993,
order revoking Respondent's state license to handle controlled
substances.
The OBNDDC order, attached to the Government's motion, referred to
an Oklahoma Medical Board (Board) complaint that alleged that in
January 1992, Respondent issued two prescriptions for controlled
dangerous substances to an undercover agent. According to the Board's
complaint, Respondent issued the prescriptions without sufficient
examination, without the establishment of a valid physician-patient
relationship and without medical need.
The Board complaint further asserted that during 1991 and 1992,
Respondent prescribed, administered and dispensed controlled dangerous
substances to other patients without sufficient examination, without
establishing a valid physician-patient relationship and without medical
need. Following a show cause hearing on June 3, 1993, the hearing
officer recommended that Respondent's authority to handle controlled
substances be revoked. This recommendation was adopted by OBNDDC order
dated September 13, 1993.
On September 27, 1993, Respondent answered the Government's motion
and requested that the DEA proceedings be stayed or that the hearing
date be rescheduled. On October 6, 1993, the administrative law judge
issued an order granting the Government's motion for summary
disposition and denying Respondent's request for a stay or rescheduling
of the proceedings.
No exceptions were filed and on January 18, 1994, the
administrative law judge transmitted the record to the Acting
Administrator. The Deputy Administrator now enters his final order in
this matter pursuant to 21 CFR 1316.67.
It is well established that the Drug Enforcement Administration
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 Administrators have consistently held that
practitioners who lack state authorization to handle controlled
substances cannot be registered with the Drug Enforcement
Administration. See Ramon Pla, M.D., 51 FR 41168 (1986); George S.
Heath, M.D., 51 FR 26610 (1986); and Dale D. Shahan, D.D.S., 51 FR
23481 (1986).
Consequently, the Deputy Administrator concludes that Respondent's
DEA Certificate of Registration concludes that Respondent's DEA
Certificate of Registration should be revoked based on his lack of
authorization to handle controlled substances in the State of Oklahoma.
The Deputy Administrator has determined that in light of Respondent's
lack of state authorization to handle controlled substances, it is not
necessary to address whether Respondent's continued registration is
inconsistent with the public interest pursuant to 21 U.S.C. 823(f) and
824(a)(4).
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, AT8064379, issued to David L. Trent, 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
June 23, 1994.
Dated: May 17, 1994.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 94-12569 Filed 5-23-94; 8:45 am]
BILLING CODE 4410-09-M
