[Federal Register: June 7, 2005 (Volume 70, Number 108)]
[Notices]
[Page 33194-33195]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jn05-83]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 03-025]
Carlin Paul Graham, Jr., M.D. Revocation of Registration
On November 8, 2004, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Carlin Paul Graham, Jr., (Respondent) of
Talladega, Alabama, notifying him of an opportunity to show cause as to
why DEA should not revoke his DEA Certificate of Registration BG2476186
as a practitioner pursuant to 21 U.S.C. 824(a) 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 Respondent's license to practice medicine in Alabama had
been indefinitely suspended and he was no longer authorized to handle
controlled substances in that state.
Respondent, through counsel, timely requested a hearing in this
matter. One January 19, 2005, the Presiding Administrative Law Judge
Gail A. Randall (Judge Randall) issued the Government, as well as
Respondent, an Order for Prehearing Statements.
In lieu of filing a prehearing statement, the Government filed a
Request for Stay of Proceedings and
[[Page 33195]]
Motion for Summary Disposition (Motion). In that Motion the Government
asserted the Medical Licensure Commission of Alabama (Alabama
Commission), had indefinitely suspended Respondent's Alabama State
Medical License and, as a result, he was no longer authorized to handle
controlled substances in the state where he is registered with DEA.
Attached to the Government's Motion was a copy of the Alabama
Commission's Order dated October 30, 2003, indefinitely suspending
Respondent's medical license.
On January 31, 2005, Judge Randall issued an order allowing
Respondent until February 22, 2005, to respond to the Government's
Motion. Respondent did not file any response and on March 25, 2005,
Judge Randall issued her Order, Opinion and Recommended Decision of the
Administrative Law Judge (Opinion and Recommended Decision). In it, she
granted the Government's Motion, finding Respondent lacked
authorization to handle controlled substances in his state of DEA
registration and recommended that his registration be revoked.
No exceptions were filed by either party to the Opinion and
Recommended Decision and on April 26, 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 Respondent currently holds DEA
Certificate of Registration BG2476186 as a practitioner and that on
October 30, 2003, the Alabama Commission indefinitely suspended his
license to practice medicine in that State. The suspension was
predicated on the Commission's findings that Respondent engaged in
unprofessional conduct, had staff privileges terminated, revoked or
restricted by a hospital and was ``unable to practice medicine with
reasonable skill and safety to patients by reason of illness or as a
result of a mental or physical condition.''
The Deputy Administrator's therefore finds Respondent is currently
not licensed to practice medicine in Alabama 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 Alabama, the jurisdiction in which he holds 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 0.014, hereby orders that DEA
Certificate of Registration BG2476186, issued to Carlin Paul Graham
Jr., 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 25, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-11247 Filed 6-6-05; 8:45 am]
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