[Federal Register Volume 62, Number 104 (Friday, May 30, 1997)]
[Notices]
[Pages 29368-29369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14113]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Greer H. Ricketson, M.D.; Revocation of Registration
On December 19, 1996, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA) issued an
Order to Show Cause to Greer H. Ricketson, M.D., of Alexandria,
Louisiana, notifying him of an opportunity to show cause as to why DEA
should not revoke his DEA Certificate of Registration, BR4331067, under
21 U.S.C. 824(a), and deny any pending applications for registration
pursuant to 21 U.S.C. 823(f), for reason that he is not authorized to
handle controlled substances in the State of Louisiana, and his
continued registration would be inconsistent with the public interest.
The Order to Show Cause specifically alleged that:
``(1) During an investigation of [his] practice conducted by the
Louisiana State Police, [he] wrote the following prescriptions for
controlled substances without a legitimate medical purpose for an
undercover law enforcement officer . . .:
a. On February 28, 1996 for Tenuate, a Schedule IV controlled
substance;
b. On March 21, 1996 for Ionamin, a Schedule IV controlled
substance;
c. On March 29, 1996 for Roxicet, a Schedule II controlled
substance;
d. On April 15, 1996 for Roxicet.
(2) On April 18, 1996, [he was] arrested for the above acts and
charged with four counts of prescribing controlled substances without a
legitimate medical purpose and not in the course of medical practice,
all in violation of Louisiana law. Trial is pending in this criminal
case.
(3) Also based on [his] above conduct, the Louisiana State Board of
Medical Examiners (``Board'') issued a decision on October 8, 1996 that
immediately revoked [his] license to practice medicine. The Board
concluded, after having heard [his] testimony and that of [the
undercover officer]:
It is clear that [you] made absolutely no effort to ascertain
the physical condition of [the undercover officer] and that [you]
prescribed controlled substances without justification and merely
because [you were]
[[Page 29369]]
asked to do so. In so doing, [you] disregarded, not only the
practical contraindications, but also the most basic tenets and
ethics of our profession. [You have] convincingly demonstrated, by
[your] professional conduct, and [your] conduct during the hearing,
[your] unfitness for the practice of medicine.
As a result of the Board's decision, [he is] without authority to
handle controlled substances in the State of Louisiana.''
The Order to Show Cause also notified Dr. Ricketson 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 Dr.
Ricketson received the order on December 27, 1996. No request for a
hearing or any other reply was received by the DEA from Dr. Ricketson
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. Ricketson is deemed to
have waived his hearing right. After considering the relevant material
from the investigative file in this matter, the Acting Deputy
Administrator now enters his final order without a hearing pursuant to
21 C.F.R. 1301.43(d) and (e) and 1301.46.
The Acting Deputy Administrator finds that on October 8, 1996, the
Louisiana State Board of Medical Examiners issued a decision
immediately revoking Dr. Ricketson's license to practice medicine in
the State of Louisiana based upon his prescribing of controlled
substances to an undercover law enforcement officer without
justification. The Acting Deputy Administrator finds that since Dr.
Ricketson is not currently authorized to practice medicine in the State
of Louisiana, it is reasonable to infer that he is not 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 Romeo J. Perez, M.D., 62 FR 16,193 (1997); Demetris A. Green, M.D.,
61 FR 60,728 (1996); Dominick A. Ricci, M.D., 58 FR 51,104 (1993).
Here, it is clear that Dr. Ricketson is not currently authorized to
handle controlled substances in the State of Louisiana, where he is
registered with DEA. Therefore, he is not entitled to maintain that
registration. Because Dr. Ricketson is not entitled to a DEA
registration in Louisiana due to his lack of state authorization to
handle controlled substances, the Acting Deputy Administrator concludes
that it is unnecessary to address whether Dr. Ricketson's continued
registration would be inconsistent with the public interest, as alleged
in the Order to Show Cause.
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 CFR 0.100(b) and 0.104, hereby orders that
DEA Certificate of Registration, BR4331067, 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 June 30, 1997.
Dated: May 21, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-14113 Filed 5-29-97; 8:45 am]
BILLING CODE 4410-09-M
