[Federal Register: June 7, 2005 (Volume 70, Number 108)]
[Notices]
[Page 33206-33207]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jn05-88]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 05-9]
Roger A. Rodriguez, M.D., Denial of Registration
On October 8, 2004, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Roger A. Rodriguez, M.D. (Respondent) of Peoria,
Illinois, notifying him of an opportunity to show cause as to why DEA
should not deny his application for a DEA Certificate of Registration
as a practitioner pursuant to 21 U.S.C. 823(f).
As a basis for denial, the Order to Show Cause alleged, in
substance, that Respondent: (1) Issued prescriptions and dispensed
controlled substances to undercover law enforcement personnel on
multiple occasions without an adequate physical examination or bona
fide medical reason; (2) failed to maintain required controlled
substance records; and (3) surrendered a prior DEA registration on June
19, 2003, and then used another practitioner's DEA registration number
to issue a prescription for controlled substances.
Respondent, through counsel, timely requested a hearing in this
matter. On November 22, 2004, the Presiding Administrative Law Judge
Mary Ellen Bittner (Judge Bittner) issued the Government, as well as
Respondent, an Order for Prehearing Statements.
In lieu of filing a prehearing statement, the Government filed a
Motion for Summary Disposition. In its motion the Government asserted
that as of December 20, 2004, Respondent was no longer authorized to
handle controlled substances in Illinois, his state of applied-for
registration. As a result, further proceedings in this matter were not
required. Attached to the Government's motion was a copy of the
Illinois Department of Financial and Professional Regulation, Division
of Professional Regulation (Illinois Board) Order dated December 20,
2004. That Order temporarily suspended Respondent's Illinois medical
license and state Controlled Substances Registration, pending further
proceedings before the Illinois Board.
On January 4, 2005, Judge Bittner issued a Memorandum to Counsel
providing Respondent until January 18, 2005, to respond to the
Government's motion. Respondent then filed a motion on January 14,
2005, seeking an extension of time to file his response to the
Government's motion. In it, he claimed there was a hearing scheduled
before the Illinois Board on January 18, 2005, which could impact the
suspension order. Over the Government's objections, Judge Bittner
granted Respondent an extension until February 8, 2005, to file his
response.
On February 8, 2005, Respondent filed his Response to the Motion
for Summary Disposition. In that response he did not contest that his
medical and controlled substance licenses were then-suspended, but
asserted he was in negotiations with the Illinois Board that might
result in an agreed-to four-month suspension of his medical license.
Respondent asked Judge Bittner to stay action on the Government's
motion until the state disciplinary proceeding was resolved.
On February 16, 2005, Judge Bittner issued her Opinion and
Recommended Decision of the Administrative Law Judge (Opinion and
Recommended Decision). As part of her recommended ruling, Judge Bittner
denied Respondent's request to stay the proceedings and granted the
Government's Motion for Summary Disposition, finding Respondent lacked
authorization to handle controlled substances in Illinois, the
jurisdiction
[[Page 33207]]
where he was applying for registration. Judge Bittner recommended that
Respondent's application for a DEA Certificate of Registration be
denied.
No exceptions were filed by either party to Judge Bittner's Opinion
and Recommended Decision and on March 22, 2005, 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 Respondent previously held DEA
Certificate of Registration BR4105032, which he surrendered on June 19,
2003, while a Federal Search Warrant was being executed upon his
medical office. Three weeks later, Respondent filed the application for
DEA registration which is the subject of these proceedings.
The Deputy Administrator further finds that, effective December 20,
2004, Respondent's license to practice medicine in Illinois and his
Illinois Controlled Substances Registration were temporarily suspended,
pending further proceedings, after the Illinois Board found ``the
public interest, safety, and welfare imperatively require emergency
action to prevent the continued practice of the Respondent, in that
Respondent's actions constitute an immediate danger to the public.''
The Illinois Board's action was based primarily on the facts alleged in
DEA's Order to Show Cause, coupled with Respondent's violation of an
Agreement of Care, Counseling and Treatment, which he had entered into
with state authorities.
The Deputy Administrator therefore finds Respondent is currently
not licensed to practice medicine in Illinois and lacks 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 Stephen J. Graham, M.D., 69 FR 11,661 (2004), Dominick A. Ricci,
M.D., 58 FR 51,104 (1993); Bobby Watts, M.D., 53 FR 11,919 (1988).
Denial or revocation is also appropriate when a state license has been
suspended, but with the possibility of future reinstatement. See
Paramabaloth Edwin, M.D., 69 FR 58,540 (2004); Alton E. Ingram, Jr.,
M.D., 69 FR 22,562 (2004); Anne Lazar Thorn, M.D., 62 FR 847 (1997).
Here, it is clear Respondent is not currently licensed to handle
controlled substances in Illinois, the jurisdiction in which he has
applied for a DEA registration. Therefore, he is not entitled to
registration in that state.
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 the
application for a DEA Certificate of Registration submitted by Roger A.
Rodriguez, M.D., be, and it hereby is, denied. This order is effective
July 7, 2005.
Dated: May 25, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-11243 Filed 6-6-05; 8:45 am]
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