[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: 94-3030]


[[Page Unknown]]

[Federal Register: February 10, 1994]


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DEPARTMENT OF JUSTICE
[Docket No. 93-48]

 

Rebecca Wright Twine, M.D.; Revocation of Registration

    On April 5, 1993, the Deputy Assistant Administrator (then-
Director) of the Office of Diversion Control, Drug Enforcement 
Administration (DEA), issued to Rebecca Wright Twine, M.D. 
(Respondent), of Uniondale, New York, an Order to Show Cause proposing 
to revoke Respondent's DEA Certificate of Registration, AW8066070, and 
to deny any pending applications for registration as a practitioner 
under 21 U.S.C. 823(f). The proposed action was predicated on 
Respondent's lack of authorization to handle controlled substances in 
the State of New York. 21 U.S.C. 824(a)(3).
    The Order to Show Cause was served on Respondent in person. 
Respondent, acting on her own behalf, filed a letter which maintained 
that the issue raised in the Order to Show Cause would be resolved in 
other courts and that it was not necessary to proceed with a hearing. 
Thereafter, the matter was docketed before Administrative Law Judge 
Mary Ellen Bittner who directed the parties to file statements of their 
respective positions as to the current status of the case.
    Respondent did not respond to the administrative law judge's order. 
The Government filed its case-status report and noted, inter alia, that 
DEA could not be deprived of jurisdiction by other judicial or 
administrative bodies. On June 25, 1993, the administrative law judge 
then filed a memorandum and order, notifying Respondent that DEA did 
have jurisdiction to hear the issue raised by the Order to Show Cause 
and that if Respondent wanted a hearing, she should file a request on 
or before July 23, 1993.
    Respondent failed to file such a request. On August 2, 1993, the 
administrative law judge filed an order terminating the proceedings. 
Pursuant to 21 CFR 1301.54(a) and 1301.54(d), Respondent is deemed to 
have waived her opportunity for a hearing. Accordingly, the Acting 
Administrator now enters his final order in this matter without a 
hearing and based upon the investigative file. 21 CFR 1301.57.
    The Acting Administrator finds that Respondent's medical license 
was revoked by the New York State Department of Health, effective 
September 25, 1991. This revocation was based upon a finding that 
Respondent was mentally unfit to practice medicine. Consequently, 
Respondent is no longer authorized to prescribe, dispense, administer 
or otherwise handle controlled substances in any schedule in the State 
of New York.
    The Drug Enforcement Administration cannot register or maintain the 
registration of a practitioner who is not duly authorized to handle 
controlled substances in the state in which she conducts her business. 
21 U.S.C. 802(21), 823(f) and 824(a)(3). This prerequisite has been 
consistently upheld. See James H. Nickens, M.D., 57 FR 59847 (1992); 
Elliott F. Monroe, M.D., 57 FR 23246 (1992); Bobby Watts, M.D., 53 FR 
11919 (1988).
    No evidence of explanation or mitigating circumstances has been 
offered by Respondent. Therefore, the Acting Administrator concludes 
that Respondent's DEA Certificate of Registration must be revoked.
    Accordingly, 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 DEA Certificate of 
Registration, AW8066070, previously issued to Rebecca Wright Twine, 
M.D., be, and it hereby is, revoked, and any pending applications for 
the renewal of such registration, be, and they are, denied. This order 
is effective February 10, 1994.

    Dated: February 4, 1994.
Stephen H. Greene,
Acting Administrator of Drug Enforcement.
[FR Doc. 94-3030 Filed 2-9-94; 8:45 am]
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