[Federal Register: March 11, 2004 (Volume 69, Number 48)]
[Notices]
[Page 11657]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr04-147]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
John A. Frenz, M.D.; Revocation of Registration
On June 4, 2003, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to John A. Frenz, M.D. (Dr. Frenz) of Brandon,
Mississippi, notifying him of an opportunity to show cause as to why
DEA should not revoke his Certificate of Registration No. AF6071752
under 21 U.S.C. 824(a) and deny any pending applications for renewal or
modification of that registration. As a basis for revocation, the Order
to Show Cause alleged Dr. Frenz voluntarily surrendered his medical
license to the Mississippi State Board of Medical Licensure and is not
currently authorized to practice medicine or handle controlled
substances in Mississippi, his state of registration and practice. The
order also notified Dr. Frenz 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. Frenz at
his address of record at 346 Crossgates Boulevard, Brandon, Mississippi
39047. According to the return receipt, on or around June 17, 2003, the
Order was accepted on Dr. Frenz's behalf. The return receipt also
indicated that Dr. Frenz's new address was 600 Bay Park Drive, Brandon,
Mississippi 39047. DEA has not received a request for a hearing or any
other reply from Dr. Frenz or anyone purporting to represent him in
this matter.
Therefore, the Acting 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. Frenz
is deemed to have waived his hearing right. See Samuel S. Jackson,
D.D.S., 67 FR 65145 (2002); David W. Linder, 67 FR 12579 (2002). After
considering material from the investigative file, the Acting Deputy
Administrator now enters her final order without a hearing pursuant to
21 CFR 1301.43(d) and (e) and 1301.46.
The Acting Deputy Administrator finds that Dr. Frenz possesses DEA
Certificate of Registration AF60771752, which expired on September 30,
2002. The Acting Deputy Administrator further finds that the
Mississippi State Board of Medical Licensure (the Board) finds a
Summons against Dr. Frenz alleging inter alia, that he was guilty of
dishonorable or unethical conduct likely to deceive, defraud or harm
the public and that he had voluntarily surrendered his hospital staff
privileges while an investigation or disciplinary proceeding was being
conducted against him. These counts arose from complaints filed by two
of Dr. Frenz's patients alleging he engaged in sexual misconduct with
them in his office and at the Rankin Medical Center of Brandon,
Mississippi.
On February 13, 2002, Dr. Frenz waived his rights to a due process
hearing and voluntarily and unconditionally executed a Voluntary
Surrender of his Mississippi State Medical License No. 10906, to the
Board. This Voluntary Surrender was accepted and approved by the Board
on February 21, 2002.
The investigative file contains no evidence that the Voluntary
Surrender of Dr. Frenz's medical license was stayed or that his license
has been reinstated. Therefore, the Acting Deputy Administrator finds
that Dr. Frenz is not currently authorized to practice medicine in the
State of Mississippi. As a result, it is reasonable to infer 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 Muttaiya Darmarajeh, M.D., 66 FR 52936 (2002); Dominick A. Ricci,
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
Here, it is clear Dr. Frenz surrendered his medical license and is
not licensed to handle controlled substances in Mississippi, where he
is registered with DEA. Therefore, he is not entitled to a DEA
registration in that state.
Accordingly, the Acting 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 AF60771752, issued to John A. Frenz,
M.D., be, and it hereby is, revoked. The Acting Deputy Administrator
further orders that any pending applications for renewal of such
registration be, and they hereby are, denied. This order is effective
April 12, 2004.
Dated: February 20, 2004.
Michele M. Leonhard,
Acting Deputy Administrator.
[FR Doc. 04-5482 Filed 3-10-04; 8:45 am]
BILLING CODE 4410-09-M