[Federal Register: March 13, 2003 (Volume 68, Number 49)]
[Notices]
[Page 12103-12104]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13mr03-119]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Richard J. Clement, M.D.; Revocation of Registration
On November 19, 2002, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Richard J. Clement, M.D. (Dr. Clement) of Lake
Charles, Louisiana, notifying him of an opportunity to show cause as to
why DEA should not revoke his DEA Certificate of Registration AC3534814
under 21 U.S.C. 824(a), and deny any
[[Page 12104]]
pending applications for renewal of that registration pursuant to 21
U.S.C. 823(f). As a basis for revocation, the Order to Show Cause
alleged that Dr. Clement is not currently authorized to practice
medicine or handle controlled substances in the State of Louisiana, the
state in which he practices. The order also notified Dr. Clement that
should no request for a hearing be filed within 30 days, his hearing
right would be deemed waived.
The Order to Show Cause was sent by certified mail to Dr. Clement
at his registered location in Lake Charles, Louisiana. DEA subsequently
received a signed receipt notification indicating that the Order to
Show Cause was received on behalf of Dr. Clement on November 29, 2002.
DEA has not received a request for hearing or any other reply from Dr.
Clement or anyone purporting to represent him 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 having been received, concludes that Dr. Clement is
deemed to have waived his 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 Dr. Clement currently possesses
DEA Certificate of Registration AC3534814 and that registration remains
valid until August 31, 2004. The Deputy Administrator further finds
that by Opinion and Ruling dated July 31, 2002, the Louisiana State
Board of Medical Examiners (Board) ordered the indefinite suspension of
Dr. Clement's medical license. The suspension order arose out of Dr.
Clement's refusal to undergo inpatient evaluation to ascertain whether
he suffered from ``a psychiatric, neurologic (sic) or physical
condition which render[ed] him incapable of practicing medicine with
reasonable skill and safety to patients.''
The investigative file contains no evidence that the Board's
suspension order has been stayed or that Dr. Clement's medical license
has been reinstated. Therefore, the Deputy Administrator finds that Dr.
Clement is not currently authorized to practice medicine in the State
of Louisiana. As a result, it is reasonable to infer that he is also
without authorization 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 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 Ramona K. Morris, M.D., 67 FR 68687 (2002); Dominick A.
Ricci, M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
Here, it is clear that Dr. Clement's medical license has been
indefinitely suspended, and as a result, he is not licensed to handle
controlled substances in the State of Louisiana where he is registered
with DEA. Therefore, he is not entitled to a DEA registration in that
state.
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 AC3534814, issued to Richard J. Clement,
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 April 14, 2003.
Dated: February 27, 2003.
John B. Brown III,
Deputy Administrator.
[FR Doc. 03-6102 Filed 3-12-03; 8:45 am]
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