[Federal Register Volume 63, Number 137 (Friday, July 17, 1998)]
[Notices]
[Pages 38669-38670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19081]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Robert M. Golden, M.D.; Denial of Application
On January 9, 1998, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Robert M. Golden, M.D., of Alpharetta, Georgia,
notifying him of an opportunity to show cause as to why DEA should not
deny his application for registration as a practitioner under 21 U.S.C.
823(f), for reason for such registration would be inconsistent with the
public interest. The order also notified Dr. Golden 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 on January 16, 1998. No request for a hearing or any other
reply was received by the DEA from Dr. Golden 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. Golden is deemed to have waived his
hearing right. After considering material from the investigative file
in this matter, the Acting Deputy Administrator now enters order
without a hearing pursuant to 21 CFR 1301.43(d) and (e) and 1301.46.
The Acting Deputy Administrator finds that Dr. Golden previously
possessed DEA Certificate of Registration, AG6243125. On May 25, 1994,
an Order to Show Cause was issued proposing to revoke that Certificate
of Registration, alleging that Dr. Golden's continued registration
would be inconsistent with the public interest. Following a hearing
before Administrative Law Judge Paul A. Tenney, the then-Deputy
Administrator revoked Dr. Golden's DEA registration effective June 17,
1996. See Robert M. Golden, M.D., 61 FR 24808 (May 16, 1996).
In the prior proceeding, the then-Deputy Administrator found that
in April 1987, Dr. Golden entered into a Consent Order with the Georgia
State Board of Medical Examiners based upon allegations of
recordkeeping violations, the prescribing or dispensing of controlled
substances while not acting in the usual course of professional
practice, and the prescribing or ordering of controlled substances for
an illegitimate medical purpose. In addition, the then-Deputy
Administrator found that in 1992, a confidential informant received
prescriptions for Xanax, a Schedule IV controlled substance, from Dr.
Golden who issued the prescriptions using names other than that of the
informant. Also, on two occasions in 1992, Dr. Golden issued
prescriptions for Xanax to an undercover police officer for no
legitimate medical purpose. In his final order the then-Deputy
Administrator found that Dr. Golden's conduct ``demonstrate[s] a
cavalier behavior regarding controlled substances'' and that ``[Dr.
Golden] did not acknowledge any possibility of questionable conduct in
his prescribing practices.'' The then-Deputy Administrator found that
he ``was provided no basis to conclude that [Dr. Golden] would lawfully
handle controlled substances in the future,'' and therefore revoked Dr.
Golden's previous registration.
On June 15, 1997, Dr. Golden submitted an application for a new DEA
registration. That application is the subject of these proceedings. The
Acting Deputy Administrator concludes that the then-Deputy
Administrator's May 16, 1996 decision regarding Dr. Golden is res
judicata for purposes of this proceeding. See Stanley Alan Azen, M.D.,
61 FR 57893 (1996) (where the findings in a previous revocation
proceeding were held to be res judicata in a subsequent administrative
proceeding.) The then-Deputy Administrator's determination of the facts
relating to the previous revocation of Dr. Golden's DEA registration is
conclusive. Accordingly, the Acting Deputy Administrator concludes that
the critical consideration in this proceeding is whether the
circumstances, which existed at the time of the prior proceeding, have
changed sufficiently to support a conclusion that Dr. Golden's
registration would be in the public interest.
The Acting Deputy Administrator finds that documentation in the
investigative file reveals that since the prior proceeding, Dr.
Golden's state medical license was placed on probation on April 4,
1996, for at least four years, pursuant to a Consent Order with the
Composite State Board of Medical Examiners for the State of Georgia
(Board). As a result of this Consent Order, Dr. Golden is prohibited
from handling Schedule I through III controlled substances, and other
specifically named substances. In addition, Dr. Golden must use
triplicate prescriptions, maintain a log of his handling of controlled
substances, and attend continuing medical education courses.
The Acting Deputy Administrator finds that there is a letter with
attachments from Dr. Golden dated October 8, 1997, in the investigative
file. This documentation reveals that Dr. Golden now practices cosmetic
surgery; that he would like to be able to prescribe Valium and Versed,
both Schedule IV controlled substances; that he has been in compliance
with the Board's April 1996 Consent Order; and
[[Page 38670]]
that on May 16, 1997, he completed a course in the appropriate
prescribing of controlled substances. On his application for
registration, Dr. Golden states that ``I feel that I have become more
responsible * * *.'' However, Dr. Golden did not respond to the Order
to Show Cause, and therefore did not provide the Acting Deputy
Administrator with any other evidence for consideration.
Pursuant to 21 U.S.C. 823(f), the Deputy Administrator may deny an
application for a DEA Certificate of Registration if he determines that
such registration would be inconsistent with the public interest. In
determining the public interest, the following factors are 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.
These factors are to be considered in the disjunctive; the Deputy
Administrator may rely on any one or a combination of factors and may
give each factor the weight he deems appropriate in determining whether
a registration should be revoked or an application for registration be
denied. See Henry J. Schwarz, Jr., M.D., 54 FR 16422 (1989).
As discussed above, Dr. Golden's previous registration was found to
be inconsistent with the public interest. Since that time, Dr. Golden's
state medical license was again placed on probation until at least
April 2000. The Acting Deputy Administrator finds that Dr. Golden has
not presented sufficient evidence to indicate that his registration
would now be in the public interest. While Dr. Golden has taken a
course in the appropriate prescribing of controlled substances, and he
asserts on his application that he has ``become more responsible,'' the
Acting Deputy Administrator is not convinced that Respondent has
accepted responsibility for his previous mishandling of controlled
substances. Therefore, the Acting Deputy Administrator concludes that
Dr. Golden's registration would be inconsistent with the public
interest.
Accordingly, the Acting Deputy Administrator of the Drug
Enforcement Administration, pursuant to the authority vested in him by
21 U.S.C. 823 and 28 CFR 0.100(b) and 0.104, hereby orders that the
application for registration, executed by Robert M. Golden, M.D., be,
and it hereby is, denied. This order is effective August 17, 1998.
Dated: July 10, 1998.
Donnie R. Marshall,
Acting Deputy Administrator.
[FR Doc. 98-19081 Filed 7-16-98; 8:45 am]
BILLING CODE 4410-09-M
