[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: 94-9025]


[[Page Unknown]]

[Federal Register: April 14, 1994]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

 

Robert W. May, M.D.; Denial of Application

    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 Robert W. May, Jr., M.D., of 200 
South Tennessee Street, Cartersville, Georgia 30120. The Order to Show 
Cause sought to deny Dr. May's pending application for a DEA 
Certificate of Registration. The Order to Show Cause was sent to Dr. 
May by registered mail. The return receipt was never forwarded to DEA.
    In an effort to ensure that Dr. May was aware of the Order to Show 
Cause, two DEA Diversion Investigators traveled to Dr. May's address in 
Cartersville on July 1, 1993. A DEA Diversion Investigator handed Dr. 
May another copy of the Order to Show Cause and explained its 
significance to him. Dr. May replied that he had indeed received the 
original Order to Show Cause but had thrown it in the trash because he 
did not want to fight the Federal bureaucracy. As of March 1, 1994, Dr. 
May had not requested a hearing nor had he filed any statement on his 
behalf. Consequently, pursuant to 21 CFR 1301.54(d), Dr. May is deemed 
to have waived his opportunity for a hearing. The Administrator now 
enters his final order in this matter without a hearing and based on 
the investigative file as is provided for in 21 CFR 1301.54(e) and 
1301.57.
    The Order to Show Cause alleged that Dr. May's registration with 
the DEA would be inconsistent with the public interest as that term is 
used in 21 U.S.C. 823(f) and 824(a)(4). The investigative file reveals 
that on December 19, 1986, in the United States District Court for the 
Northern District of Georgia, Dr. May was convicted of fifteen counts 
of distributing and dispensing controlled substances for other than 
legitimate medical purposes in violation of 21 U.S.C. 841(a)(1), and 
forty counts of aiding and abetting the same in violation of 21 U.S.C. 
841(a)(1) and 18 U.S.C. 2. Dr. May was placed on probation for a period 
of five years and was prohibited from prescribing Schedule II and III 
controlled substances during the probation period.
    The investigative file further reveals that the Composite Board of 
Medical Examiners (Board) issued a Consent Order, effective February 
16, 1988, suspending Dr. May's medical license for thirty days. The 
Consent Order also placed his medical license on probation for a period 
of five years, to run concurrently with the probation imposed by the 
United States District Court, required Dr. May to provide at least 500 
hours of free medical services to the community and ordered Dr. May to 
partake in 250 hours of continuing education.
    Additionally, the Consent Order precluded Dr. May from applying for 
renewal of his DEA Certificate of Registration without the prior 
written approval of the Board. The Board stipulated that such approval 
would not be granted until Dr. May had complied with all the conditions 
of his probations, including specified continuing education 
requirements. As of February 1994, Dr. May had not received such 
approval from the Board.
    Section 823(f) of the Controlled Substances Act lists five factors 
which are to be considered when making a determination as to whether a 
registration would be in the public interest. These factors include: 
(1) The recommendation of the appropriate State licensing board or 
professional disciplinary authority; (2) the applicant's experience in 
dispensing, or conducting research with respect to controlled 
substances; (3) the applicant's conviction record under Federal or 
State laws relating to the manufacture, distribution, or dispensing of 
controlled substances; (4) compliance with applicable State, Federal or 
local laws relating to controlled substances; and, (5) such other 
conduct which may threaten the public health and safety. The 
Administrator may rely on any one or any combination of these factors 
when determining whether an application should be denied or a 
registration revoked. See Neveille H. Williams, D.D.S., 51 FR 17556 
(1986); Anne L. Hendricks, M.D., 52 FR 41030 (1986).
    Pursuant to 21 U.S.C. 823(f), the Administrator concludes that Dr. 
May's registration would be inconsistent with the public interest. The 
Administrator finds that due to Dr. May's past practice of distributing 
and dispensing controlled substances in the absence of a legitimate 
medical purpose, Dr. May cannot be entrusted with a DEA Certificate of 
Registration. His criminal conviction for this conduct and the action 
taken against his state medical license by the Board provide ample 
foundation for this conclusion. Dr. May's failure to respond to the 
Order to Show Cause, either by requesting a hearing or by submitting a 
written statement, indicates that he is either unwilling or unable to 
proffer support for his application.
    Accordingly, the Administrator of the Drug Enforcement 
Administration, pursuant to the authority vested in him by 21 U.S.C. 
823 and 824 and 21 CFR 0.100(b), hereby orders that Dr. May's 
application for registration with the DEA as a practitioner be, and it 
hereby is, denied.

    This order is effective April 14, 1994.

    Dated: April 8, 1994.
Thomas A. Constantine,
Administrator.
[FR Doc. 94-9025 Filed 4-13-94; 8:45 am]
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