[Federal Register Volume 59, Number 183 (Thursday, September 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23389]
[[Page Unknown]]
[Federal Register: September 22, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Irving R. Majors, Sr., M.D.; Revocation of Registrations
On March 2, 1994, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Irving R. Majors, Sr., M.D., at 7710 East King
Highway #56, Shreveport, Louisiana; c/o Medical Park Hospital, 2001
South Main, Hope, Arkansas; and 1905 NW Loop 281, c/o Centra Med,
Longview, Texas. The Order to Show Cause proposed to revoke Dr. Majors'
DEA Certificates of Registration, BM2917586, AM3141948, and AM3180635,
and to deny any pending applications for renewal of such registrations
as a practitioner under 21 U.S.C. 823(f). The statutory predicate for
the issuance of the Order to Show Cause was Dr. Majors' lack of
authorization to handle controlled substances in the States of
Arkansas, Louisiana, and Texas. 21 U.S.C. 824(a)(3). In addition, the
Order to Show Cause alleged that Dr. Majors' continued registration is
inconsistent with the public interest, as that term is used in 21
U.S.C. 823(f) and 824(a)(4).
The Order to Show Cause was sent to each of Dr. Majors' registered
locations by registered mail and were returned to DEA unclaimed. The
Order to Show Cause was personally served on Dr. Majors on March 14,
1994. More than thirty days have passed since the Order to Show Cause
was received by Dr. Majors, and the Drug Enforcement Administration has
received no response thereto. Therefore, the Deputy Administrator
concludes that Dr. Majors has waived his opportunity for a hearing on
the issues raised by the Order to Show Cause and, pursuant to 21 CFR
1301.54(d) and 1301.54(e), enters this final order based on the
investigative file. 21 CFR 1301.57.
The Deputy Administrator finds that in January 1992, the Metro
Narcotics Unit, Ouachita Parish, Louisiana received information from a
pharmacist regarding a suspicious telephone prescription. The Metro
Narcotics Unit subsequently initiated an undercover investigation. The
investigation revealed that from January 10 to 20, 1992, Dr. Majors
telephoned several pharmacies and authorized the dispensation of
controlled substances to an undercover operative for no legitimate
medical purpose. Dr. Majors charged the undercover operative one dollar
per tablet. Arrangements for the sale of the controlled substances took
place in Dr. Majors' car under the direct surveillance of the Metro
Narcotics Unit.
On January 20, 1992, Dr. Majors was arrested for illegal
distribution of controlled substances. On July 6, 1993, Dr. Majors was
indicted on one count of conspiracy to distribute a controlled
substance (hydrocodone), six counts of distribution of a controlled
substance (hydrocodone), and eight counts of attempted distribution of
a controlled substance (hydrocodone).
As a result of the aforementioned activities, Dr. Majors' authority
to handle controlled substances was terminated in three states. On
March 26, 1992, the Arkansas State Medical Board issued an emergency
order of suspension of Dr. Majors' medical license finding that he
distributed and conspired to distribute a controlled substance. On
April 28, 1993, the Louisiana State Board of Medical Examiners by Final
Decision suspended Dr. Majors' license to practice medicine for three
years and ordered that he be barred from prescribing, dispensing, or
administering any controlled substances for the duration of his medical
career. On January 14, 1994, the Texas State Board of Medical Examiners
by Final Order revoked Dr. Majors' license to practice medicine. The
Board concluded that Dr. Majors' continued practice of medicine was an
imminent peril to the public health, safety, and welfare.
The Deputy Administrator concludes that, based upon the information
contained in the investigative file, there are sufficient grounds for
the revocation of Dr. Majors' DEA Certificates of Registration and for
the denial of any pending applications for renewal. The fact that Dr.
Majors is no longer authorized to handle controlled substances in the
States of Arkansas, Louisiana and Texas is a sufficient ground, by
itself, to order the revocation of his registrations. DEA has
consistently held that it cannot maintain the registration of a
practitioner who is not authorized to handle controlled substances in
the state in which he practices. 21 U.S.C. 823(f); Nathaniel S.
Lehrman, M.D., 59 FR 44780 (1994); Franz A. Arakaky, M.D., 59 FR 42074
(1994); Elliott Monroe, M.D., 57 FR 23246 (1992); Myong S. Yi, M.D., 54
FR 20618 (1989); William D. Romers, D.D.S., 52 FR 12621 (1987); Ramon
Pla, M.D., 51 FR 41168 (1986); Kenneth K. Birchard, M.D., 48 FR 33778
(1983); and cases cited therein. Since Dr. Majors is no longer
authorized to handle controlled substances in the States of Arkansas,
Louisiana, and Texas, the Deputy Administrator cannot maintain his DEA
Certificates of Registration in those states.
In addition, the information regarding Dr. Majors' improper
handling of controlled substances provides additional support for the
revocation of his registrations and for the denial of any pending
applications for renewal. The investigative file elucidates Dr. Majors
absolute disregard for Federal and state controlled substance laws and
regulations. The undercover investigation conducted by the Metro
Narcotics Unit clearly and most convincingly showed that Dr. Majors
abandoned his professional responsibility as a physician. He knowingly
became a source of drugs to be used for non-medical purposes. Dr.
Majors' continued registration would pose a serious threat to the
public health and safety and would be wholly inconsistent with the
public interest.
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 Certificates of Registration AM3141948, BM2917586 and
AM3180635 previously issued to Irving R. Majors, Sr., M.D., be, and
they hereby are, revoked. The Deputy Administrator further orders that
all pending applications for the renewal of such registrations, be, and
they hereby are, denied. This order is effective October 24, 1994.
Dated: September 15, 1994.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 94-23389 Filed 9-21-94; 8:45 am]
BILLING CODE 4410-09-M
