[Federal Register: July 6, 2004 (Volume 69, Number 128)]
[Notices]
[Page 40655-40656]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy04-69]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 03-51]
Miles J. Jones, M.D.; Revocation of Registration
On August 11, 2003, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order
[[Page 40656]]
to Show Cause to Miles J. Jones, M.D. (Respondent) notifying him of an
opportunity to show cause as to why DEA should not revoke his
Certificate of Registration, BJ0839540 under 21 U.S.C. 824(a)(3) and
deny any pending applications or requests pursuant to 21 U.S.C. 823(f).
Specifically, the Order to Show alleged that the Respondent is not
authorized under state law to handle controlled substances based upon
the revocation of his Missouri state medical license on February 5,
2003.
By letter dated September 15, 2003, the Respondent, proceeding pro
se, timely requested a hearing in response to the show cause order. In
his hearing request, the Respondent asserted that the DEA action in
revoking his Certificate of Registration was premature since matters
involving the revocation of his Missouri medical license were under
appeal. In response to the Respondent's request for stay, the presiding
Administrative Law Judge Gail A. Randall (Judge Randall) issued a
Notice and Order on September 25, 2003, allowing the Government the
opportunity to respond to the Respondent's request.
On September 26, 2003, counsel for DEA filed Government's Request
for Stay of Proceedings and Motion for Summary Judgment. The Government
asserted that the Respondent is without authorization to handle
controlled substances in Missouri, and as a result, further proceedings
in the matter were not required. On September 30, 2003, the Government
followed its motion with the Government's Response to Respondent's
Request for Stay of Proceedings, arguing that the Respondent had failed
to provide sufficient grounds to warrant a stay of the proceedings.
On September 30, 2003, Judge Randall issued an Order Staying
Proceedings, where she afforded the Respondent the opportunity to
respond to the Government's Motion by October 29, 2003. However, the
Respondent did not file a response.
Accordingly, on December 4, 2003, Judge Randall issued her Opinion
and Recommended Decision of the Administrative Law Judge (Opinion and
Recommended Decision). As part of her recommended ruling, Judge Randall
granted the Government's Motion for Summary Disposition and found that
the Respondent lacked authorization to handle controlled substances in
Missouri, the jurisdiction in which he is registered with DEA. In
granting the Government's motion, Judge Randall also recommended that
the Respondent's DEA registration be revoked and any pending
applications for renewal or modification be denied. No exceptions were
filed by either party to Judge Randall's Opinion and Recommended
Decision, and on January 16, 2004, the record of these proceedings was
transmitted to the Office of the DEA Deputy Administrator.
The Deputy Administrator has considered the record in its entirety
and pursuant to 21 CFR 1316.67, hereby issues her final order based
upon findings of fact and conclusions of law as hereinafter set forth.
The Deputy Administrator adopts, in full, the Opinion and Recommended
Decision of the Administrative Law Judge.
The Deputy Administrator finds that the Respondent currently
possesses DEA Certificate of Registration BJ0839540, and is registered
to handle controlled substances in Missouri. The record before the
Deputy Administrator reveals that on July 26, 2002, the North Dakota
Board of Medical Examiners (North Dakota Board) revoked the
Respondent's medical license in that state, based in part upon
information that the Respondent repeatedly wrote prescriptions for
patients over the Internet without first examining the patient or
obtaining appropriate patient information.
In response to the revocation action of the North Dakota Board, on
February 5, 2003, the Missouri State Board of Registration for the
Healing Arts (Missouri Board) issued its Findings of Fact, Conclusions
of Law and Disciplinary Order in the matter of the Respondent's
Missouri medical license. The Missouri Board ordered the revocation of
the Respondent's medical license and further ordered that he be
prohibited from applying for reinstatement of his license ``for two (2)
years and one (1) day from the date of [the Missouri Board's] order.''
There is no evidence before the Deputy Administrator that the order
of the Missouri Board has been stayed or rescinded. Therefore, the
Deputy Administrator finds that the Respondent is currently not
licensed to practice medicine in Missouri and 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 which he conducts business. See 21 U.S.C. 802(21),
823(f) and 824(a)(3). This prerequisite has been consistently upheld.
See Kanwaljit S. Serai, M.D., 68 FR 48943 (2003); Dominick A. Ricci,
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1998).
Here, it is clear that the Respondent is not currently authorized
to handle controlled substances in Missouri, where he is registered
with DEA. Therefore, he is not entitled to maintain that registration.
Accordingly, the Deputy Administrator of the Drug Enforcement
Administration, pursuant to the authority vested in her by 21 U.S.C.
823 and 824 and 28 CFR 0.100(b) and 0.104, hereby orders that DEA
Certificate of Registration, BJ0839540, issued to Miles J. Jones, 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
August 5, 2004.
Dated: June 21, 2004.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 04-15151 Filed 7-2-04; 8:45 am]
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