[Federal Register Volume 59, Number 72 (Thursday, April 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9024]


[[Page Unknown]]

[Federal Register: April 14, 1994]


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DEPARTMENT OF JUSTICE
[Docket No. 93-55]

 

Michael D. Lawton, M.D.; Revocation of Registration

    On April 16, 1993, the Deputy Assistant Administrator (then 
Director), Office of Diversion Control, Drug Enforcement Administration 
(DEA), issued an Order to Show Cause to Michael D. Lawton, M.D., 1751 
West Romneya, Suite C, Anaheim, California 92801. The Order to Show 
Cause sought to revoke Dr. Lawton's (Respondent) DEA Certificate of 
Registration, BL2125068, and deny any pending applications for 
registration as a practitioner. The Order to Show Cause alleged that 
such action was proper in light of the fact that on June 19, 1992, the 
Medical Board of California, Division of Medical Quality (Board), 
revoked Respondent's state medical license. Respondent, therefore, was 
no longer authorized by the State of California to handle controlled 
substances.
    On July 2, 1993, Respondent filed a request for a hearing on the 
matter. The matter was placed on the docket of Administrative Law Judge 
Paul A. Tenney. On August 2, 1993, the Government filed a motion for 
summary disposition. Attached to and in support of its motion, the 
Government filed a copy of the Board's Decision ordering the revocation 
of Respondent's California Physician and Surgeon's license effective 
July 19, 1992. The Board revoked Respondent's license based on its 
finding that Respondent was guilty of, inter alia, gross negligence in 
his treatment of patients, furnishing controlled substances without a 
prior good faith examination and without medical indication, 
prescribing and administering excessive amounts of controlled 
substances and gross negligence and unprofessional conduct arising from 
sexual relations with patients. On August 23, 1993, the administrative 
law judge issued his opinion and recommended decision granting the 
Government's motion for summary disposition and recommending that the 
Respondent's DEA Certificate of Registration, BL2125068, be revoked.
    On August 31, 1993, Respondent filed a request for reconsideration 
of the administrative law judge's recommendation alleging, inter alia, 
that the Board's decision was an ``obvious forgery.'' Respondent denied 
that the Board had ever revoked his medical license. Respondent further 
stated that the Board ``has never initiated any discipline of [my] 
license.'' In response, on September 15, 1993, the Government filed 
certified copies of the Board's decision, dated June 19, 1992, and of 
the Board's accusations, dated January 23, 1992, and April 14, 1992, 
all relating to Respondent's California Physician and Surgeon's 
Certificate.
    By order and recommendation dated September 16, 1993, the 
administrative law judge noted that Respondent's allegation of falsity 
of the Board's decision was a collateral attack and was not a matter 
appropriate for consideration in the Federal proceeding. The 
administrative law judge added that Respondent failed to offer even a 
``scintilla'' of evidence to support his argument that the Board's 
order had been forged. The administrative law judge therefore ruled 
that his prior recommended ruling granting summary disposition would 
remain unchanged.
    It is well established that the Drug Enforcement Administration 
cannot register a practitioner who is not duly authorized to handle 
controlled substances in the state in which he does business. See 21 
U.S.C. 823(f). The DEA Administrators have consistently held that 
practitioners who lack state authorization to handle controlled 
substances cannot be registered with the Drug Enforcement 
Administration. See Ramon Pla, M.D., 51 FR 41168 (1986); George S. 
Heath, M.D., 51 FR 26610 (1986); Dale D. Shahan, D.D.S., 51 FR 23481 
(1986). Consequently, the Administrator concludes that Respondent's DEA 
Certificate of Registration should be revoked based on lack of state 
authorization.
    Accordingly, the 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, BL2125068, issued to Michael D. Lawton, M.D., be, and it 
hereby is, revoked, and that any pending applications for registration 
be, and they hereby are, denied.

    This order is effective May 16, 1994.

    Dated: April 7, 1994.
Thomas A. Constantine,
Administrator.
[FR Doc. 94-9024 Filed 4-13-94; 8:45 am]
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