[Federal Register: August 15, 2003 (Volume 68, Number 158)]
[Notices]
[Page 48942-48943]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15au03-104]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Cordell Clark, M.D., Revocation of Registration
On July 26, 2002, the then-Deputy Administrator of the Drug
Enforcement Administration (DEA), issued an Order to Show Cause and
Notice of Immediate Suspension of Registration to Cordell Clark, M.D.
(Dr. Clark). Dr. Clark was notified of an opportunity to show cause as
to why DEA should not revoke his DEA Certificate of Registration,
AC1074892, pursuant to 21 U.S.C. 824(a)(1), (3) and (4), and deny any
pending applications for renewal or modification as a practitioner
pursuant to 21 U.S.C. 823(f). The Order to Show Cause--Notice of
Immediate Suspension further notified Dr. Clark that his DEA
registration was immediately suspended as an imminent danger to the
public health and safety pursuant to 21 U.S.C. 824(d). Dr. Clark was
also notified that should no request for a hearing be filed within 30
days, his hearing right would be deemed waived.
On July 31, 2002, three DEA Diversion Investigators attempted to
serve the Order to Show Cause-Notice of Suspension upon Dr. Clark at
his registered address in Dallas, Texas. The investigators also
attempted delivery at a second business address in Dallas. Dr. Clark
was at neither location, and both appeared to have been vacated. On
August 1, 2002, two DEA Diversion Investigators along with a DEA
Special Agent hand carried the Order to Show Cause--Notice of Immediate
Suspension to Dr. Clark's residence in Cedar Hill, Texas. Dr. Clark
again was not present, however, a person identifying himself as
Christopher Clark (later determined to be Dr. Clark's twenty-year old
son) was present at the location. After displaying credentials and
identifying themselves as representatives of DEA, the investigators
inquired as to the whereabouts of Dr. Clark. Christopher Clark informed
DEA personnel that his father was ``at work'' but would not divulge Dr.
Clark's location or telephonically contact him so that DEA personnel
could speak with him. As a result, DEA personnel left the Order to Show
Cause--Notice of Suspension (along with a business card from a
Diversion Investigator) with Christopher Clark with instructions that
he deliver the same to Dr. Clark. DEA has not received a request for
hearing or any other reply from Dr. Clark or anyone purporting to
represent him in this matter.
Therefore, the Acting Administrator, finding that (1) 30 days have
passed since the receipt of the Order to Show Cause, and (2) no request
for a hearing having been received, concludes that Dr. Clark is deemed
to have waived his hearing right. After considering material from the
investigative file in this matter, the Acting Administrator now enters
his final order without a hearing pursuant to 21 CFR 1301.43 (d) and
(e) and 1301.46.
The Acting Administrator finds that Dr. Clark currently possesses
DEA Certificate of Registration AC1974892. While Dr. Clark's DEA
registration reflects an expiration date of August 31, 2001, that
registration remains valid based upon his timely submission of a DEA
renewal application dated August 16, 2001.
The Acting Administrator finds that on September 25, 2000, the
Texas State Board of Medical Examiners (Board) issued an order
suspending Dr. Clark's license to practice medicine. The Board's order
was based in part upon Dr. Clark's failure to evaluate a patent prior
to ordering physical therapy and his failure to comply with terms and
conditions of a prior Agreed Order that Dr. Clark had entered into with
the Board. On September 7, 2001, the Board issued an Order denying Dr.
Clark's petition to terminate the suspension of his medical license.
[[Page 48943]]
On September 26, 2001, the Texas Department of Public Safety (DPS)
notified Dr. Clark of the cancellation of his state Controlled
Substances Registration Certificate number Y0042101. The action by DPS
was initiated based upon Dr. Clark's failure to meet a necessary
precondition for a Texas controlled substance registration--a medical
license with the Board that was current and in good standing.
The above referenced Order to Show Cause--Notice of Immediate
Suspension further alleged, and a review of information in the
investigative file suggests, that Dr. Clark materially falsified his
August 16, 2001 application for renewal of his DEA registration by
failing to disclose information regarding the suspension of his Texas
medical license. The investigative file also reveals that Dr. Clark
continued issuing prescriptions for controlled substances despite the
lack of state authorization to practice medicine or handle controlled
substances, and being advised by DEA personnel on August 30, 2001, to
cease writing such prescriptions.
There is no evidence in the record that the Board has lifted the
suspension of Dr. Clark's medical license or that his Texas State
Controlled Substances Certificate has been reinstated. Therefore, the
Acting Administrator finds that Dr. Clark is not currently authorized
to handle controlled substances in that state.
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. Clark is not licensed to handle
controlled substances in Texas, where he is registered with DEA.
Therefore, he is not entitled to maintain that registration. Because
Dr. Clark is not entitled to a DEA registration in Texas due to his
lack of state authorization to handle controlled substances, the Acting
Administrator concludes that it is unnecessary to address whether Dr.
Clark's registration should be revoked based upon the other grounds
asserted in the Order to Show Cause--Notice of Immediate Suspension.
See Fereida Walker-Graham, M.D., 68 FR 24761 (2003); Nathaniel-Aikens-
Afful, M.D., 62 FR 16871 (1997); San F. Moore, D.V.M., 58 FR 14428
(1993).
Accordingly, the Acting 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, AC1074892, issued to Cordell Clark, M.D.,
be, and it hereby is, revoked. The Acting Administrator further orders
that any pending application for renewal or modification of such
registration be, and they hereby are, denied. This order is effective
September 15, 2003.
Dated: July 28, 2003.
William B. Simpkins,
Acting Administrator.
[FR Doc. 03-20805 Filed 8-14-03; 8:45 am]
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