[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: 94-12570]
[[Page Unknown]]
[Federal Register: May 24, 1994]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
William L. Algea, III, M.D.; Denial of Application
On February 24, 1994, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to William L. Algea, III, M.D. (Respondent), of
Milligan, Tennessee, proposing to deny his pending application for a
DEA Certificate of Registration as a practitioner under 21 U.S.C.
823(f). The Order to Show Cause alleged that Respondent's registration
would be inconsistent with the public interest as that term is used in
21 U.S.C. 823(f) based on his dispensing and prescribing controlled
substances for no legitimate medical purpose on ten occasions between
1986 and 1989 to undercover agents who were posing as patients; his
voluntary surrender of his previous DEA certificate of Registration;
the summary suspension of his medical license by the Board of Medical
Examiners of the State of Tennessee; and his conviction of four counts
of violating 21 U.S.C. 841(a)(1) based on his guilty plea in the United
States District Court, Western District of Tennessee.
The Order to Show Cause was sent to Respondent by registered mail.
More than thirty days have passed since the Order to Show Cause was
received by Respondent and the DEA has received no response thereto.
Pursuant to 21 CFR 1301.54(d) and 1301.54(e), Respondent is deemed to
have waived his opportunity for a hearing. Accordingly, the Deputy
Administrator now enters his final order in this matter without a
hearing and based upon the investigative file. 21 CFR 1301.57.
In 1986, the Tennessee Bureau of Investigation obtained information
that Respondent was issuing controlled substance prescriptions for no
legitimate medical purpose. Based upon this information, agents posing
as patients made office visits with Respondent in an attempt to procure
illicit prescriptions. These visits corroborated the initial reports;
Respondent issued prescriptions for Talwin and Valium, both Schedule IV
controlled substances, on the first undercover visit and then issued
two more prescriptions less then a month later for Pentobarbital, a
Schedule III controlled substance, and Talwin. None of these
prescriptions were issued for a legitimate medical reason.
Other Tennessee law enforcement agencies also joined in the
investigation. Between February of 1988 and April 1989, Respondent
dispensed or wrote prescriptions for Demerol, a Schedule II controlled
substance, Valium and Talwin for no legitimate medical purpose to these
undercover agents on eight separate occasions. During some of these
visits, Respondent inquired about obtaining cocaine, a Schedule II
controlled substance, from the agents. On the final visit, the
undercover agent gave Respondent one ounce of cocaine in exchange for
$600.00 and a Talwin prescription.
Within a short time of the final undercover visit, Respondent was
arrested and charged with four counts of violating 21 U.S.C. 841(a)(1),
based upon the latest undercover transactions. At this point Respondent
voluntarily surrendered his DEA Certificate of Registration, AA2050285.
Then, on April 14, 1989, the Board of Medical Examiners of the State of
Tennessee summarily suspended Respondent's medical license. On May 20,
1990, Respondent pled guilty to and was convicted of four counts of
violating 21 U.S.C. 841(a)(1) in the United States District Court,
Western District of Tennessee. On July 15, 1992, the Board of Medical
Examiners granted Respondent a restricted medical license with the
conditions that he be on probation for three years and that, inter
alia, he not be allowed to handle Schedule II controlled substances.
The Deputy Administrator may deny an application for a DEA
Certificate of Registration if he determines that the registration
would be inconsistent with the public interest. Pursuant to 21 U.S.C.
823(f), ``(i)n determining the public interest, the following factors
will be considered:
(1) The recommendation of the appropriate State licensing board or
professional disciplinary authority.
(2) The applicant's experience in dispensing, or conducting
research with respect to controlled substances.
(3) The applicant's conviction record under Federal or State laws
relating to the manufacture, distribution, or dispensing of controlled
substances.
(4) Compliance with applicable State, Federal, or local laws
relating to controlled substances.
(5) Such other conduct which may threaten the public health and
safety.''
In determining whether a registration would be inconsistent with
the public interest, the Deputy Administrator is not required to make
findings with respect to each of the factors listed above. Instead, the
Deputy Administrator has the discretion to give each factor the weight
he deems appropriate, depending upon the facts and circumstances of
each case. See David E. Trawick, D.D.S., 53 FR 5326 (1988).
In this proceeding factors one through four apply. Factor one is
applicable based upon the Tennessee Board of Medical Examiner's summary
suspension of Respondent's license and subsequent issuance of a
restricted license. Factors two and four apply because Respondent
prescribed and dispensed controlled substances to undercover agents on
many occasions between 1986 and 1989 and based on the fact that
Respondent traded a controlled substance prescription for cocaine on
the last undercover visit. Factor three is also applicable based upon
Respondent's conviction in Federal District Court to four counts of
violating 21 U.S.C. 841(a)(1).
No evidence of explanation or mitigating circumstances has been
offered by Respondent. Therefore, the Deputy Administrator concludes
that Respondent's application for a DEA Certificate of Registration
must be denied.
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 the
application executed by William L. Algea, III, M.D., on November 12,
1992, for a DEA Certificate of Registration as a practitioner, be, and
it hereby is, denied. This order is effective May 24, 1994.
Dated: May 17, 1994.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 94-12570 Filed 5-23-94; 8:45 am]
BILLING CODE 4410-09-M
