[Federal Register Volume 63, Number 159 (Tuesday, August 18, 1998)]
[Notices]
[Pages 44277-44278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22096]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
G. Wayman Blakely, Jr., M.D.; Revocation of Registration
On January 8, 1998, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to G. Wayman Blakely, Jr., M.D.\1\ notifying him of
an opportunity to show cause as to why DEA should not revoke his DEA
Certificate of Registration, AB7704871, pursuant to 21 U.S.C. 824(a)(4)
and deny any pending applications for the renewal of such registration
as a practitioner under 21 U.S.C. 823(f), for reason that his continued
registration would be inconsistent with the public interest. The order
also notified Dr. Blakely that should no request for a hearing be filed
within 30 days, his hearing right would be deemed waived.
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\1\ The Order to Show Cause was actually issued in the name of
Waymon G. Blakely, M.D., however evidence before the Acting Deputy
Administrator indicates that the name listed on the DEA Certificate
of Registration at issue is G. Wayman Blakely, Jr., M.D. The Order
to Show Cause was sent to the address listed in DEA's records for
Dr. Blakely. Therefore, the Acting Deputy Administrator is confident
that notwithstanding the incorrect name on the Order to Show Cause,
Dr. Blakely received proper service of the Order to Show Cause.
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The DEA received a signed receipt indicating that the order was
received on January 14, 1998. No request for a hearing or any other
reply was recceived by the DEA from Dr. Blakely 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 haveing
been received, concludes that Dr. Blakely is deemed to have waived his
hearing right. After considering relevant material from the
investigative file in this matter, the Acting Deputy Administrator now
enters his final order without a hearing pursuant to 21 CFR 1301.43(d)
and (e) and 1301.46.
The Acting Deputy Administator finds that on July 25, 1994, Los
Angeles police officers observed Dr. Blakely participating in what
appeared to be a drug transaction. During a subsequent stop of his
vehicle, the officers observed crack cocaine. Dr. Blakely was arrested
and charged with possession of a controlled substance in violation of
California Health and Safety Code, section 11350(a). On August 26,
1994, the charge against Dr. Blakely was diverted and he was placed on
probation for 24 months. On or about May 29, 1996, the case against Dr.
Blakely was dismissed.
The Acting Deputy Administrator further finds that between May 21,
1990 and August 25, 1994, Dr. Blakely prescribed over 11,000 dosage
units of controlled substances to his friend/roommate for no legitimate
medical purpose. As a result, Dr. Blakely was charged in the Municipal
Court for the County of Los Angeles with 10 counts of the unlawful
prescribing of a controlled substance and 5 counts of obtaining a
controlled substance by fraud. On May 30, 1995, Dr. Blakely pled nolo
contendere to three misdeameanor counts. The imposition of sentence was
suspended and Dr. Blakely was placed on probation for 36 months,
ordered to perform 200 hours of community service within one year, and
fined $10,000.
In addition, the Acting Deputy Administrator finds that by a
Decision effective February 28, 1997, the Medical Board of California
adopted a Stipulated Settlement and Disciplinary Order whereby Dr.
Blakely's physician's and surgeon's certificate was revoked. However,
the revocation was stayed and Dr. Blakely was placed on probation for
seven years, during which time he is prohibited from handling Schedule
II controlled substances, except he may prescribe dextroamphetamine and
methylphenidate. As to all other controlled substances, Dr. Blakely is
limited to prescribing only. He must maintain a log of his prescribing
and must abstain from the personal use or possession of any controlled
substance unless prescribed by another practitioner for a bona fide
illness or condition. Additionally, Dr. Blakely must submit to
biological fluid testing and must take continuing medical education
courses including one in the proper prescribing of controlled
substances.
Pursuant to 21 U.S.C. 823(f) and 824(a)(4), the Deputy
Administrator may revoke a DEA Certificate of Registration and deny any
pending application for renewal of such registration if he determines
that the 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.
[[Page 44278]]
(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 16,422 (1989).
Regarding factor one, the Medical Board of California severely
restricted Dr. Blakely's ability to handle controlled substances. Dr.
Blakely's physician's and surgeon's certificate was revoked, but the
revocation was stayed and he was placed on probation until February
2004.
As to factors two and four, Dr. Blakely issued over 400 controlled
substance prescriptions for a total of more than 11,000 dosage units to
his friend/roommate for no legitimate medical purpose in violation of
state law and 21 U.S.C. 841(a)(1) and 21 CFR 1306.04.
Regarding factor three, Dr. Blakely was convicted in May 1995 of
three misdemeanor counts involving the improper dispensing of
controlled substances.
Finally under factor five, such other conduct which may threaten
the public health and safety, the Acting Deputy Administrator considers
Dr. Blakely's arrest for the unlawful possession of crack cocaine in
1994.
The Acting Deputy Administrator concludes that Dr. Blakely's
continued registration would be inconsistent with the public interest.
He diverted over 11,000 dosage units of controlled substances over a
four-year period. In addition, he was arrested for possession of crack
cocaine. Such conduct demonstrates a severe disregard for the
tremendous responsibility that accompanies a DEA registration. Dr.
Blakely did not respond to the Order to Show Cause and therefore did
not offer any explanation or mitigating evidence regarding his
misconduct.
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 AB7704871, previously issued to G.
Wayman Blakely, Jr., M.D., 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 September 17, 1998.
Dated: August 11, 1998.
Donnie R. Marshall,
Acting Deputy Administrator.
[FR Doc. 98-22096 Filed 8-17-98; 8:45 am]
BILLING CODE 4410-09-M
