[Federal Register: May 10, 2005 (Volume 70, Number 89)]
[Notices]
[Page 24619-24620]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10my05-105]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 05-5]
James Marvin Goodrich, M.D. Revocation of Registration
On October 24, 2004, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to James Marvin Goodrich, M.D. (Dr. Goodrich) of
Springfield, Illinois, notifying him of an opportunity to show cause as
to why DEA should not revoke his DEA Certificate of Registration,
BG0644244, as a practitioner, pursuant to 21 U.S.C. 824(a)(3) and
(a)(4) 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, in part, that Dr.
Goodrich's Illinois state license to handle controlled substances had
expired and accordingly, he was not authorized to handle controlled
substances in Illinois, the state in which he is registered.
On November 8, 2004, Dr. Goodrich, through counsel, timely
requested a hearing in this matter. On November 15, 2004,
Administrative Law Judge Gail A. Randall (Judge Randall) issued the
Government, as well as Dr. Goodrich, an Order for Prehearing
Statements.
In lieu of filing a prehearing statement, the Government filed a
Motion for Summary Disposition, asserting that Dr. Goodrich's Illinois
controlled substance license had expired without being renewed and he
was without authorization to handle controlled substances in that
State. As a result, the Government argued that further proceedings in
the matter were not required. Attached to the Government's motion was a
copy of a Certification of Licensure, issued on November 18, 2004, by
the Illinois Department of Financial and Professional Regulation,
Division of Professional Regulation. That document showed Dr.
Goodrich's Licensed Physician Controlled Substances, License No.
336054605, had expired on July 31, 2002, without being renewed.
On November 30, 2004, Judge Randall issue an Order and Notice
providing Dr. Goodrich an opportunity to respond to the Government's
motion. On December 21, 2004, counsel for Dr. Goodrich filed a response
in which he acknowledged Respondent was without authority to handle
controlled substances in Illinois as a result of the failure to renew
his state controlled sustance license. Counsel further stated they
would not object to disposition based on that ground.
December 29, 2004, Judge Randall issued her Opinion and Recommended
Decision of the Administrative Law Judge (Opinion and Recommended
Decision). As part of her recommended ruling, Judge Randall granted the
Government's Motion for Summary Disposition, finding Dr. Goodrich
lacked authorization to handle controlled substances in Illinois, the
jurisdiction in which he is registered. Judge Randall recommended that
Dr. Goodrich's DEA registration be revoked on the basis that he lacks
state authority to handle controlled substances.
No exceptions were filed by either party to the Opinion and
Recommended Decision and on February 2, 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 Dr. Goodrich holds DEA
Certificate of Registration, BG0644244, as a practitioner. The Deputy
Administrator further finds that Dr. Goodrich's Illinois controlled
substance license expired on July 31, 2002, and there is no evidence in
the record indicating it has been renewed or reinstated. Therefore, the
Deputy Administrator finds Dr. Goodrich is currently not licensed 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 Kanwaljit S. Serai, M.D., 68 FR 48,943 (2003); Dominick a Ricci,
M.D., 58 FR 51,104 (1993); Bobby Watts, M.D., 53 FR 11,919 (1988).
Here, it is clear Dr. Goodrich is not currently licensed to handle
controlled substances in Illinois, where he is registered with DEA.
Therefore, he is not entitled to maintain that registration. Because
Dr. Goodrich is not entitled to a DEA registration in Illinois due to
lack of state authorization to handle controlled substances, the Deputy
Administrator concludes it is unnecessary to address whether Dr.
Goodrich's registration should be revoked based upon the remaining
public interest grounds asserted in the Order to Show Cause. See
Fereida Walker-Graham, M.D., 68 FR 24,761 (2003); Nathaniel-Aikens-
Afful, M.D., 62 FR 16,871 (1997); Sam F. Moore, D.V.M., 58 FR 14,428
(1993).
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
Certificte of Registration, BG0644244, issued to James Marvin Goodrich,
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 June 9, 2005.
[[Page 24620]]
Dated: May 2, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-9250 Filed 5-9-05; 8:45 am]
BILLING CODE 4410-09-M