[Federal Register Volume 59, Number 28 (Thursday, February 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3027]


[[Page Unknown]]

[Federal Register: February 10, 1994]


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DEPARTMENT OF JUSTICE
 

Herbert J. Robinson, M.D.; Revocation of Registration

    On August 31, 1993, the Deputy Assistant Administrator (then-
Director), Office of Diversion Control, Drug Enforcement Administration 
(DEA), issued an Order to Show Cause to Herbert J. Robinson, M.D. 
(Respondent), of San Antonio, Texas, proposing to revoke his DEA 
Certificate or Registration, BR2619887, and deny any pending 
applications for registration as a practitioner. The statutory basis 
for the Order to Show Cause was that Dr. Robinson had materially 
falsified a response on his DEA application for registration. 21 U.S.C. 
824(a)(1).
    The Order to Show Cause was served on Dr. Robinson on September 9, 
1993, By letter dated October 1, 1993, the Respondent submitted, 
through counsel, copies of various documents and a written statement in 
which he waived his right to a hearing in this matter. The Acting 
Administrator has carefully considered the Respondent's written 
submission and the DEA investigative file in this case. Accordingly, 
under the provision of 21 CFR 1301.54 and 1301.57, the Acting 
Administrator enters his final order in this matter, based on findings 
of fact and conclusions of law as hereinafter set forth.
    The Acting Administrator finds that in June 1986, the DEA, in 
conjunction with the Texas Board of Medical Examiners (Board) initiated 
an investigation based on a review of pharmacy records which indicated 
that the Respondent's prescribing practices might not be for legitimate 
medical uses. The Respondent prescribed large quantities of the 
controlled substance Talwin and the non-controlled substance 
pyribenzamine (PBZ), which when used in combination, are highly 
desirable on the street and is known as ``T's and Blues''.
    In 1987, the Board subpoenaed patient records from the Respondent, 
which he refused to provide. On September 24, 1988, the Board suspended 
Respondent's medical license indefinitely until he provided the records 
in question. Meanwhile, the DEA was unable to determine the 
Respondent's whereabouts, and the Respondent's previous DEA Certificate 
of Registration, AR0950469, expired in normal course on April 30, 1989, 
and was not renewed.
    Thereafter, on January 12, 1991, the Board issued an order 
terminating the Respondent's license suspension and indicated that he 
had satisfactorily provided them the records in question, and concluded 
that there was no apparent violation of the State Medical Practice Act.
    On January 23, 1991, the Respondent executed a Renewal Application 
for DEA Registration utilizing the DEA renewal form sent to him prior 
to the 1989 expiration of his registration. On February 7, 1991, the 
DEA sent the Respondent a form letter indicating that since his old 
registration number had expired and been retired, it would be necessary 
for him to complete an application for a new registration. On February 
13, 1991, the Respondent executed an application for registration in 
which he checked ``NO'' in answer to question 4(b) which states:


    Has the applicant ever been convicted of a crime in connection 
with controlled substances under State or Federal law, or ever 
surrendered or had a Federal controlled substance registration 
revoked, suspended, restricted or denied, or ever had a State 
professional license or controlled substance registration revoked, 
suspended, denied, restricted or placed on probation?


    Based on the information that the Respondent provided in this 
application, the DEA routinely processed his application and assigned a 
new DEA registration number, BR2619887. Had the Respondent truthfully 
indicated the fact of his prior State license suspension, a new DEA 
investigation would likely have been convened to determine all the 
underlying facts and circumstances before action was taken on his 
application.
    In their written submission, Counsel for Respondent represented 
that the response was ``unintentionally in error in part'', while 
Respondent, in his written statement, explained that:


    The response stating ``no'' to a question which asked in part 
whether you had ever has [sic] a state professional license or 
controlled substance registration revoked, suspended, denied, 
restricted, or placed on probation was in error if the response is 
limited to the professional license suspension and correct if 
applied to the remainder of the question.


    A DEA application for registration is an application pursuant to 21 
U.S.C. 823(f) and 21 CFR 1301.21. The Acting Administrator finds that 
the response made by the Respondent to Question 4(b) in his application 
for registration was untrue.
    The Acting Administrator further finds that the Respondent's 
medical license was suspended from September 1988 until January 1991. 
The restoration of his medical license was contingent on the Respondent 
taking action to provide specific patient records to the Board. By 
January 1991, the Respondent ostensibly completed a series of 
administrative actions in order to restore himself to full State 
practice. In addition to State mandates, Respondent also knew that he 
had to meet Federal registration requirements: he filed a DEA renewal 
application form (albeit outdated), which does not have a question 
regarding revocation or suspension of State professional licenses, with 
DEA in January 1991; received a letter from DEA requesting that he file 
a new application form on February 7, 1991; and filed a new application 
on February 13, 1991.
    The Acting Administrator finds that at the time of his application 
for registration, the Respondent knew that his State professional 
license had been previously suspended, and that the Respondent knew or 
should have known that the response he made to Question 4(b) was false.
    The Administrator may revoke or suspend a DEA Certificate of 
Registration under 21 U.S.C. 824(a), upon a finding that the 
registrant:
    (1) Has materially falsified any application filed pursuant to or 
required by this subchapter or subchapter II of this chapter;
    (2) Has been convicted of a felony under this subchapter or 
subchapter II of this chapter or any other law of the United States, or 
of any State relating to any substance defined in this subchapter as a 
controlled substance;
    (3) Has had his State license or registration suspended, revoked, 
or denied by competent State authority and is no longer authorized by 
State law to engage in the manufacturing, distribution, or dispensing 
of controlled substances or has had the suspension, revocation, or 
denial of registration recommended by competent State authority;
    (4) Has committed such acts as would render his registration under 
section 823 of this title inconsistent with the public interest as 
determined under such section;
    (5) Has been excluded (or directed to be excluded) from 
participation in a program pursuant to Section 1320a-7(a) of Title 42.
    The Acting Administrator concludes that the Respondent materially 
falsified his application for registration and that his registration 
must be revoked. Bobby Watts, M.D., 58 FR 46995 (1993); see also, Jess 
B. Caderao, M.D., 48 FR 38560 (1983) and Ronald H. Futch, M.D., 53 FR 
38990 (1988). However, since the Respondent has stated in his 
submissions that he wishes to cooperate fully with the DEA in the 
resolution of this matter, the Acting Administrator has accepted this 
representation in mitigation. Accordingly, if after the passage of one 
year from the effective date of this order, the Respondent applies for 
DEA registration, and has otherwise been in compliance with the laws 
and regulations relating to controlled substances, his application will 
be given favorable consideration.
    The Acting Administrator of the Drug Enforcement Administration, 
pursuant to the authority vested in him by 21 U.S.C. 823 and 824 and 28 
CFR 0.100(b), hereby orders that the DEA Certificate of Registration, 
BR2619887, previously issued to Herbert J. Robinson, M.D., be, and it 
hereby is, revoked. This order is effective March 14, 1994.

    Dated: February 4, 1994.
Stephen H. Greene,
Acting Administrator of Drug Enforcement.
[FR Doc. 94-3027 Filed 2-9-94; 8:45 am]
BILLING CODE 4410-09-M