[Federal Register: June 7, 2005 (Volume 70, Number 108)]
[Notices]
[Page 33194]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jn05-82]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Robert M. Canon, M.D., Revocation of Registration
On February 11, 2005, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Robert M. Canon, M.D. (Dr. Canon) of Tullahoma,
Tennessee, notifying him of an opportunity to show cause as to why DEA
should not revoke his DEA Certificate of Registration AC2221707 under
21 U.S.C. 824(a)(3) and deny any pending applications for renewal or
modification of that registration pursuant to 21 U.S.C. 823(f). As a
basis for revocation, the Order to Show Cause alleged that Dr. Canon is
not currently authorized to practice medicine or handle controlled
substances in Tennessee, his state of registration and practice. The
Order to Show Cause also notified Dr. Canon 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. Canon at
his registered address at 600 East Carroll Street, Tullahoma, Tennessee
37388. However, that letter was unclaimed by Dr. Canon and eventually
returned by postal authorities to DEA, as he apparently did not provide
the post office a forwarding address. DEA has not received a request
for hearing or any other reply from Dr. Canon or anyone purporting to
represent him in this matter.
Therefore, the Deputy Administrator of DEA, finding that thirty
days having passed since the attempted delivery of the Order to Show
Cause to the registrant's address of record and no request for hearing
having been received, concludes that Dr. Canon is deemed to have waived
his hearing right. See Thomas J. Mulhearn, III, M.D., 70 FR 24,625
(2005); James E. Thomas, M.D., 70 FR 3,654 (2005); Steven A. Barnes,
M.D., 69 FR 51,474 (2004); David W. Linder, 67 FR 12,579 (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 Dr. Canon currently possesses DEA
Certificate of Registration AC2221707, as a practitioner authorized to
handle controlled substances. The Deputy Administrator further finds
that on August 18, 2004, the State of Tennessee Board of Medical
Examiners (Tennessee Board) issued an Order suspending Dr. Canon's
license to practice medicine in Tennessee.
That suspension was based upon the Tennessee Board's findings that
on March 1, 2004, Dr. Canon was convicted in the United States District
Court for the Eastern District of Tennessee of 95 felony counts of
False Statements Relating to a Healthcare Matter and Health Care Fraud,
in violation of 18 U.S.C. 1035 and 1347. He was sentenced to 41 months
imprisonment on each count, to be served concurrently and was ordered
to pay over three million dollars in restitution. That judgment is
currently on appeal to the United States Court of Appeals for the Sixth
Circuit and Dr. Canon is free on bond pending resolution of his appeal.
The Tennessee Board's Order provides that the suspension of Dr. Canon's
medical license is to remain in effect until his criminal case has been
fully adjudicated.
The investigative file contains no evidence that the Tennessee
Board's Order has been stayed, modified or terminated or that Dr.
Canon's medical license has been reinstated. Therefore, the Deputy
Administrator finds Dr. Canon is not currently authorized to practice
medicine in the State of Tennessee. 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 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).
Revocation is also appropriate when a state license has been suspended,
but with possibility of future reinstatement. See Alton E. Ingram, Jr.,
M.D., 69 FR 22,562 (2004); Anne Lazar Thorn, M.D. 62 FR 847 (1997).
Here, it is clear Dr. Canon's medical license has been suspended
and he is not currently licensed to handle controlled substances in
Tennessee, 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 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 AC2221707, issued to Robert M. Canon, 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
July 7, 2005.
Dated: May 24, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-11245 Filed 6-6-05; 8:45 am]
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