[Federal Register: May 8, 2003 (Volume 68, Number 89)]
[Notices]
[Page 24761-24762]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my03-91]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Fereida Walker-Graham, M.D.; Revocation of Registration
On August 16, 2001, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Fereida Walker-Graham, M.D. (Dr. Walker-Graham)
at her registered location in Trotwood, Ohio, and at a second location
in Dayton, Ohio. The Order to Show Cause notified Dr. Walker-Graham of
an opportunity to show cause as to why DEA should not revoke her DEA
Certificate of Registration, BW2846256 under 21 U.S.C. 824(a)(2),
(a)(3), and (a)(4), and deny any pending applications for renewal or
modification of that registration for reason that Dr. Walker-Graham was
convicted of a felony offense related to controlled substances, is not
authorized to handle controlled substances in the State of Ohio, and
her continued registration would be inconsistent with the public
interest. The order also notified Dr. Walker-Graham that should no
request for a hearing be filed within 30 days, her hearing right would
be deemed waived.
As alluded to above, the Order to Show Cause was sent by certified
mail to Dr. Walker-Graham at a location in Dayton, Ohio, and DEA
received a signed receipt indicating that it was received sometime in
August 2001. DEA has not received a request for hearing or any other
reply from Dr. Walker-Graham or anyone purporting to represent her in
this matter.
Therefore, the 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
[[Page 24762]]
having been received, concludes that Dr. Walker-Graham is deemed to
have waived her hearing right. After considering material from the
investigative file in this matter, the Deputy Administrator now enters
his final order without a hearing pursuant to 21 CFR 1301.43(d) and (e)
and 1301.46.
The Deputy Administrator finds that on June 14, 2000, the State
Medical Board of Ohio (Board) entered an order permanently revoking Dr.
Walker-Graham's State license to practice medicine and surgery. The
Board's action arose in part from a finding that Dr. Walker-Graham
dispensed phentermine (A Schedule IV controlled substance) to numerous
individuals for no legitimate medical purpose. Included among the
individuals that received controlled substances from Dr. Walker-Graham
were several undercover officers from a local investigations unit know
as the Combined Agencies for Narcotics Enforcement or the CANF Task
Force. The Board's investigation revealed that on numerous occasions,
Dr. Walker-Graham dispensed these drugs without performing a medical
examination. The Board's ruling was also based in part upon an
accountability audit conducted by the Ohio State Board of Pharmacy
which revealed that Dr. Walker-Graham could not account for significant
shortages of phentermine that was used in her medical practice from
January 1, 1997 through November 4, 1998. As part of the Board's
revocation order, Dr. Walker-Graham was further ordered to immediately
cease prescribing, dispensing, or administering controlled substances.
The Deputy Administrator's review of the investigative file further
reveals that on January 10, 2001, Dr. Walker-Graham was convicted on
felony charges related to drug trafficking, sale of dangerous drugs and
drug possession. She was sentenced five years of court supervised
probation, her driver's license was suspended and she was ordered to
pay a fine.
There is no evidence before the Deputy Administrator that Dr.
Walker-Graham's license to practice medicine in the State of Ohio has
been reinstated. The Deputy Administrator further notes that the
Board's revocation order prohibits Dr. Waker-Graham from prescribing,
dispensing, or administering controlled substances.
Pursuant to 21 U.S.C. 824(a), the Deputy Administrator may revoke a
DEA Certificate of Registration if he finds that the registrant has
been convicted of a felony related to controlled substances, has had
his State license revoked and is no longer authorized to dispense
controlled substances or has committed such acts as would render his
registration contrary to the public interest as determined by factors
listed in 21 U.S.C. 823(f). Thomas B. Pelkowski, D.D.S., 57 FR 28538
(1992). Despite Dr. Walker-Graham's felony conviction related to
controlled substances, as well as the other public interest factors for
the revocation of her DEA registration asserted herein, the more
relevant consideration here is the present status of her State
authorization to handle controlled substances.
DEA does not have statutory authority under the Controlled
Substances Act to issue or maintain a registration if the applicant or
registrant is without State authority to handle controlled substances
in the State in which he conducts business. See 21 U.S.C. 802(21),
823(f) and 824(a)(3). This prerequisite has been consistently upheld.
See Joseph Thomas Allevi, M.D., 67 FR 35581 (2002); Dominick A. Ricci,
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
Here, it is clear that Dr. Walker-Graham is not licensed to handle
controlled substances in Ohio, where she is registered with DEA.
Therefore, she is not entitled to maintain that registration. Because
Dr. Walker-Graham lacks State authorization to handle controlled
substances, the Deputy Administrator concludes that it is unnecessary
to address whether her DEA registration should be revoked based upon
the public interest grounds asserted in the Order to Show Cause, or
whether her registration should be revoked based upon the
aforementioned felony conviction in the State of Ohio. See Samuel Silas
Jackson, D.D.S., 67 FR 65145 (2002); National-Aikens-Afful, M.D., 62 FR
16871 (1997); Sam F. Moore, D.V.M, 58 FR 14428 (1993).
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, hereby orders that DEA
Certificate of Registration, BW2846256, issued to Fereida Walker-
Graham, M.D., be, and it hereby is, revoked. The Deputy Administrator
further orders that any pending applications for renewal or
modification of such registration be, and they hereby are, denied. This
order is effective June 9, 2003.
Dated: April 21, 2003.
John B. Brown, III,
Deputy Administrator.
[FR Doc. 03-11434 Filed 5-07-03; 8:45 am]
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