[Federal Register Volume 59, Number 155 (Friday, August 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19700]
[[Page Unknown]]
[Federal Register: August 12, 1994]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 94-33]
Phillip L. Brown, D.D.S.; Revocation of Registration
On July 23, 1993, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Phillip L. Brown, D.D.S. (Respondent) of Aurora,
Colorado. The Order to Show Cause sought to revoke Respondent's DEA
Certificate of Registration, AB2731998, and to deny any pending
applications for renewal of such registration. The Order to Show Cause
alleged that Respondent's continued registration would be inconsistent
with the public interest as that term is used in 21 U.S.C. 823(f).
Specifically, the Order to Show Cause alleged that Respondent
administered lethal doses of Demerol, a Schedule II controlled
substance, and Valium, a Schedule IV controlled substance, while
attempting to sedate a patient; and as a result of such action,
Respondent pled guilty to and was convicted of one count of
manslaughter in the State of Colorado and voluntarily surrendered his
dental license to the Colorado State Board of Dental Examiners (Board),
effective August 19, 1992.
Respondent, acting on his own behalf, filed a timely request for a
hearing. The matter was docketed before Administrative Law Judge Paul
A. Tenney. Thereafter, the Government filed a motion for summary
disposition alleging that Respondent no longer had state authority to
handle controlled substances. Respondent did not file a response to
this motion.
On May 17, 1994, the administrative law judge issued an order
stating that the motion for summary disposition was warranted as there
was no question of material fact involved. Furthermore, he explained
that the DEA lacks statutory authority to register a practitioner
unless the practitioner currently has state authority to handle
controlled substances and concluded that Respondent is without
authority to handle controlled substances in the State of Colorado.
Consequently, the administrative law judge granted the Government's
motion for summary disposition and recommended that Respondent's DEA
Certificate of Registration be revoked. No exceptions were filed and on
June 17, 1994, the entire record of these proceedings was transmitted
to the Deputy Administrator.
After a careful review of the record in this matter, the Deputy
Administrator adopts the administrative law judge's recommendation. DEA
does not have the authority under the Controlled Substances Act to
grant a registration to a practitioner if that practitioner is not
authorized by a state to handle controlled substances. See Ramon Pla,
M.D., Docket No. 86-54, 51 FR 41168 (1986); George S. Heath, M.D.,
Docket No. 86-24, 51 FR 26610 (1986); Dale D. Shahan, D.D.S., Docket
No. 85-57, 51 FR 23481 (1986). There is no evidence in the record to
contradict the Government's position that Respondent's Colorado dental
license has been revoked pursuant to Respondent's surrender of his
dental license and that his authority to handle controlled substances
in the State of Colorado has been nullified. Consequently, revocation
of Respondent's DEA registration is warranted.
The Deputy Administrator concurs with the administrative law
judge's granting of the Government's motion for summary disposition. In
the absence of a question of material fact, a plenary adversary
administrative proceeding is not required. See United States v.
Consolidated Mines and Smelting Company, Ltd., 445 F.2d 432, 453 (9th
Cir. 1971); N.L.R.B. v. International Association of Bridge, Structural
and Ornamental Ironworkers, AFL-CIO, 549 F.2d 634 (9th Cir. 1977);
Alfred Tennyson Smurthwaite, N.D., Docket No. 77-29, 43 FR 11873
(1978).
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 (59 FR 23637), hereby orders
that DEA Certificate of Registration, AB2731998, previously issued to
Phillip L. Brown, D.D.S., be, and it hereby is, revoked and that any
pending applications for renewal of such registration be, and they
hereby are, denied. This order is effective August 12, 1994.
Dated: August 5, 1994.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 94-19700 Filed 8-11-94; 8:45 am]
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