[Federal Register: October 22, 2004 (Volume 69, Number 204)]
[Notices]
[Page 62085-62086]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22oc04-106]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
John A. Cronk, D.O.; Revocation of Registration
On January 5, 2004, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to John A. Cronk, M.D. (Dr. Cronk),\1\ proposing to
revoke his DEA Certificate of Registration, BC2204131, pursuant to 21
U.S.C. 824(a)(2) and (a)(4) and 823(f). Specifically, the Order to Show
Cause alleged in relevant part, the following:
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\1\ While the Order to Show Cause includes ``M.D.'' as part of
Dr. Cronk's professional title, DEA investigative reports and other
supporting documentation refer to his professional title as ``D.O.''
Given these references to the ``D.O.'' professional designation, the
Deputy Administrator will refer to Dr. Cronk in a similar fashion.
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1. On May 21, 2003, in the Criminal District of Dallas County
Texas, pursuant to a plea agreement, Dr. Cronk entered a plea of guilty
to unlawfully possessing methamphetamine, a third degree felony under
Texas state law. Dr. Cronk was placed on unsupervised probation for a
period of five years, ordered to enroll in an inpatient drug treatment
at a treatment center in Atlanta, Georgia and to pay a $1500 fine. The
court directed that further proceedings be deferred in the case without
entering an adjudication of guilt. The conviction was premised on Dr.
Cronk's arrest for possession of methamphetamine which took place at
the Dallas/Fort Worth Airport on November 28, 2002.
2. During April 2003, DEA diversion investigators received
information from former and current employees of Dr. Cronk's medical
office that he failed to maintain accountability of controlled
substances or maintained a controlled substance log book for an
extensive period. The employees further divulged that they suspected
Dr. Cronk of abusing drugs during office hours and had also found on
his office desk a vial containing a substance later tested and
identified by a field test as methamphetamine. This test was conducted
by a long-term patient of Dr. Cronk, who was also a former law
enforcement officer. When confronted by that patient, Dr. Cronk
admitted methamphetamine use.
3. On May 7, 2003, at the request of DEA investigators, officers of
the Northeast Area Interdiction Task Force (NADITF) recovered three
bags of trash from Dr. Cronk's residence in Heath, Texas. Among the
items recovered were a syringe with a brown liquid substance later
determined to be methamphetamine, an attached needle, and discarded
pieces of mail bearing Dr. Cronk's name and address.
4. A state search warrant obtained to search Dr. Cronk's residence
was then executed by NADITF officers and DEA investigators on May 9,
2003. Recovered in that search were several vials containing residual
amounts of methamphetamine; forty-five tabs of methadone; two vials of
testosterone; ninety-five tabs of alprazolam; thirty-six tabs of
Ambien; eight tabs of Vicoprofen; six bottles of Lortab elixir; five
bottles of Histex; six tabs of ecstasy; several marijuana cigarette
butts; $9,911.00 in cash; and, over 200 blood collection vials which
had been converted to methemphetamine pipes, along with other drug
paraphernalia.
5. On May 15, 2003, DEA investigators arrived at Dr. Cronk's office
in Quinlan, Texas (which was also Dr. Cronk's DEA registered location)
to conduct an audit of controlled substances. Dr. Cronk was not present
during, but his office manager nevertheless signed a DEA
[[Page 62086]]
Notice of Inspection. Because controlled substance records were not at
this registered location Dr. Cronk was requested to come to the office
and bring the records. Dr. Cronk responded and brought his remaining
records to DEA investigators for their inspection.
6. Among the records provided was Dr. Cronk's controlled substance
log, with the last entry in the log dated August 15, 2002. Dr. Cronk
also produced an assortment of box tops, sample boxes, and other
assorted pieces of paper and notes, including post-its, which he
claimed were records of what had been dispensed to patients. Several of
those boxes had multiple entries on them.
7. In the estimation of DEA investigators, Dr. Cronk's records were
inaccurate, incomplete or irretrievable, thus making it impossible for
them to conduct an audit of controlled substances. Dr. Cronk admitted
his records were not in compliance with DEA requirements, that he was
unaware of the requirement to conduct inventories of all controlled
substances on hand every two years, and that he had not accomplished
such inventories.
The Order to Show Cause was sent by certified mail to Dr. Cronk at
his registered location in Quinlan, Texas and was accepted on his
behalf on January 15, 2004. Despite subsequent written and verbal
contacts by Dr. Cronk's office to the DEA Dallas Field Division, the
agency's Office of Chief Counsel, as well as DEA Office of the
Administrative Law Judges, there is no record of any request for a
hearing having been received on behalf of Dr. Cronk.
Therefore, the Deputy Administrator of DEA, finding that (1) thirty
days having passed since the delivery of the Order to Show Cause to the
registrant's address of record, and (2) no request for hearing having
been received, concludes that Dr. Cronk is deemed to have waived his
hearing right. See David W. Linder, 67 FR 12579 (2002). After
considering material from the investigative file in this matter, the
Deputy Administrator now enters her final order without a hearing
pursuant to 21 CFR 1301.43(d) and (e) and 1301.46.
The Deputy Administrator finds that Dr. Cronk is currently
registered with DEA as a practitioner. According to information
received subsequent to the issuance of the aforementioned Order to Show
Cause, on March 15, 2004, Dr. Cronk entered into an Agreed Order with
the Texas State Board of Medical Examiners (Board). As recited in the
Order to Show Cause, the Board similarly found that on May 21, 2003,
Dr. Cronk ``* * * pled guilty to charges of possession of the
controlled substance methamphetamine, a third degree felony. Conditions
of [Dr. Cronk's plea] agreement included entrance to drug treatment * *
*, probation for 5 years, fine of $1,300 and random drug screens.'' The
Board cited additional concerns regarding Dr. Cronk's ``* * *
unprofessional conduct, disciplinary action by [his] peers, and non-
therapeutic prescribing.''
Accordingly, Dr. Cronk and the Board agreed, inter alia, that Dr.
Cronk's state medical license be suspended until he demonstrated his
fitness to safely practice medicine and completed various terms and
conditions for reinstatement. Included among the Board imposed
conditions was the requirement that Dr. Cronk complete psychological
and neuro-psychiatric evaluations conducted by or under the direction
of an approved psychiatrist to evaluate Dr. Cronk for substance abuse
or an organic mental condition. More importantly, the Board specified
that Dr. Cronk was to ``immediately cease from the practice of medicine
in Texas.''
There is no evidence before the Deputy Administrator that Dr. Cronk
has satisfied the conditions of the Board for reinstatement of his
medical license, or that the Board suspension order has been stayed or
lifted. In light of the suspension of his authorization to practice
medicine in Texas, the Deputy Administrator also finds it reasonable to
infer that Dr. Cronk is also without authorization to handled
controlled substances in that state. As a result, Dr. Cronk is not
entitled to maintain a DEA registration in Texas. See, Miles J. Jones,
M.D., 69 FR 40655 (2004); Saihb S. Halil, M.D., 64 FR 33319, 3320
(1999).
Pursuant to 21 U.S.C. 824(a), the Deputy Administrator may revoke a
DEA Certificate of Registration is she finds that the registrant has
had his state license revoked or suspended 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). Nevertheless, despite findings of the Board regarding
Dr. Cronk's felony conviction with respect to his unlawful possession
of controlled substances, and notwithstanding the other public interest
factors for the revocation of his DEA registration asserted herein, the
more relevant consideration here is the present status of Dr. Cronk's
state authorization to handle controlled substances.
DEA does not have statutory authority under the Controlled
Substance 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.
Daniel A. Maynard, D.O., 69 FR 22563 (2004); Dominick A. Ricci, M.D.,
58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1998).
Here, it is clear that Dr. Cronk's Texas medical license has been
suspended and by inference, he is currently not authorized under Texas
law to handle controlled substances in his medical practice. Therefore,
he is not entitled to a DEA registration in that state. As a result of
a finding that Dr. Cronk lacks state authorization to handle controlled
substances, the Deputy Administrator concludes that it is unnecessary
to address further whether his DEA registration should be revoked based
upon the public interest grounds asserted in the Order to Show Cause.
See Rory Patrick Doyle, M.D., 69 FR 11655 (2004); Nathaniel-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 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, BC2204131, issued to John A. Cronk, D.O.,
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
November 22, 2004.
Dated: October 5, 2004.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 04-23713 Filed 10-21-04; 8:45 am]
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