[Federal Register Volume 60, Number 139 (Thursday, July 20, 1995)]
[Notices]
[Pages 37474-37475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17784]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Barney Rubenstein, M.D.; Revocation of Registration
On December 28, 1994, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Barney Rubenstein, M.D. of San Antonio, Texas
(Respondent), proposing to revoke his DEA Certificate of Registration,
BR0775291, and deny any pending applications for registration as a
practitioner. The statutory basis for the Order to Show Cause was that
Respondent was no longer authorized to handle controlled substances in
the State of Texas. 21 U.S.C. 823(f) and 824(a)(3).
By letter dated January 26, 1995, Respondent waived a hearing in
this matter and, in the alternative, submitted a written statement
regarding his position as to the facts and law involved in this matter
pursuant to 21 CFR 1301.54. The Deputy Administrator hereby enters his
final order based upon the investigative file and Respondent's written
statement in accordance with 21 CFR 1301.57.
Review of the investigative file indicates that Respondent's DEA
Certificate of Registration and Texas Controlled Substances
Registration were surrendered on January 23, 1982, in accordance with a
stipulated agreement between Respondent and the Texas State Board of
Medical Examiners (the Board), because of questionable prescribing
practices. On October 28, 1986, after a hearing, the Board removed all
sanctions against Respondent and recommended that he reapply for a
[[Page 37475]]
Texas Controlled Substances Registration and DEA registration.
Respondent's application for DEA registration was approved on January
26, 1987.
In April of 1992, DEA investigators in San Antonio received
information that Respondent was authorizing prescriptions for
hydrocodone (Schedule III), Tussionex (Schedule III) and other non-
controlled medications for himself and members of his family in
violation of Texas law. DEA informed the Board of Respondent's
prescribing practices.
On September 27, 1993, Respondent entered into an Agreed Order,
effective October 10, 1993, with the Board whereby Respondent's medical
license was suspended, with such suspension stayed for a seven year
probationary period. As a condition of probation, Respondent cannot
``possess, administer, dispense or prescribe any controlled substances,
except that Respondent may possess and self-administer those controlled
substances prescribed to him by another physician for a legitimate and
therapeutic purpose.'' Pursuant to this restriction, Respondent is no
longer authorized to handle controlled substances within the State of
Texas.
Respondent's written statement argues that his DEA Certificate of
Registration should not be revoked because the Agreed Order did not
require him to surrender either his DEA registration number or his
Texas controlled substances registration number. However, despite the
fact that the Agreed Order did not require Respondent to surrender his
DEA registration, the terms of the order specifically prohibit
Respondent from handling controlled substances. DEA has consistently
held that it does not have statutory authority under the Controlled
Substances Act to register a practitioner unless that practitioner is
authorized to dispense controlled substances by the state in which he
proposes to practice. See Lawrence R. Alexander, M.D., 57 FR 22256
(1992); Bobby Watts, M.D., 53 FR 11919 (1988); Robert F. Witek, D.D.S.,
52 FR 4770 (1987). Therefore, because Respondent is no longer
authorized to handle controlled substances in the State of Texas, the
Deputy Administrator cannot permit him to maintain a DEA Certificate of
Registration in that state.
Accordingly, the Deputy Administrator of the Drug Enforcement
Administration, pursuant to 21 U.S.C. 823 and 824 and 28 CFR 0.100(b)
and 0.104, hereby orders that DEA Certificate of Registration
BR0775291, previously issued to Barney Rubenstein, M.D., be, and it is
hereby, revoked, and that any pending applications for renewal of such
registration be, and they hereby are, denied. This order is effective
August 21, 1995.
Dated: July 14, 1995.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 95-17784 Filed 7-19-95; 8:45 am]
BILLING CODE 4410-09-M
