[Federal Register: May 10, 2005 (Volume 70, Number 89)]
[Notices]
[Page 24625-24626]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10my05-109]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Thomas J. Mulhearn, III, M.D.; Revocation of Registration
On August 20, 2004, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Thomas J. Mulhearn, III, M.D. (Dr. Mulhearn) of
Monroe,
[[Page 24626]]
Louisiana, notifying him of an opportunity to show cause as to why DEA
should not revoke his DEA Certificate of Registration BM7570636 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. Mulhearn
is not currently authorized to practice medicine or handle controlled
substances in Louisiana, his state of registration and practice. The
Order to Show Cause also notified Dr. Mulhearn 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. Mulhearn
at his registered address at 1207 Royal Avenue, Monroe, Louisiana
71201. However, that letter was unclaimed. It was then forwarded by the
United States Postal Service to 91 Sidney Street, Apt. 315, Cambridge,
Massachusetts 02139-4286, an address Dr. Mulhearn apparently provided
postal authorities as a forwarding address. However, the forwarded
letter was also unclaimed and postal authorities returned it to DEA.
Additional efforts by DEA investigators to locate Dr. Mulhearn's
whereabouts have also been unsuccessful. DEA has not received a request
for hearing or any other reply from Dr. Mulhearn or anyone purporting
to represent him in this matter.
Therefore, the Deputy Administrator of DEA, finding that: (1)
Thirty days having passed since the attempted deliveries of the Order
to Show Cause to the registrant's address of record and his forwarding
address; (2) reasonable and good faith efforts to locate him have been
unsuccessful; and (3) no request for hearing having been received,
concludes that Dr. Mulhearn is deemed to have waived his hearing right.
See James E. Thomas, M.D., 70 FR 3,564 (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. Mulhearn currently possesses DEA
Certificate of Registration BM7570636, as a practitioner, authorized to
handle Schedule V controlled substances. The Deputy Administrator
further finds that on November 29, 2003, the Louisiana State Board of
Medical Examiners (Louisiana Board) issued an Order revoking Dr.
Mulhearn's license to practice medicine in Louisiana. The revocation
was based upon the Board's findings that Dr. Mulhearn committed
professional misconduct due to personal substance abuse, failed to
adhere to the conditions of a previous suspension and treatment program
and was ``unable to practice medicine with reasonable skill and safety
to patients because of mental illness or deficiency, and/or excessive
use or abuse of drugs, including alcohol.''
The investigative file contains no evidence the Louisiana Board's
Order has been stayed, modified or terminated or that Dr. Mulhearn's
medical license has been reinstated. Therefore, the Deputy
Administrator finds Dr. Mulhearn is not currently authorized to
practice medicine in the State of Louisiana. 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).
Here, it is clear Dr. Mulhearn's medical license has been revoked
and he is not currently licensed to handle controlled substances in
Louisiana, 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 BM7570636, issued to Thomas J. Mulhearn,
III, M.D., be, and it hereby is, revoked. The Deputy Administrator
further orders that any pending applications for renewal of such
registration be, and they hereby are, denied. This order is effective
June 9, 2005.
Dated: May 2, 2005.
Michele M. Leonart,
Deputy Administrator.
[FR Doc. 05-9245 Filed 5-9-05; 8:45 am]
BILLING CODE 4410-09-M