[Federal Register Volume 59, Number 99 (Tuesday, May 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12570]


[[Page Unknown]]

[Federal Register: May 24, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

 

William L. Algea, III, M.D.; Denial of Application

    On February 24, 1994, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to William L. Algea, III, M.D. (Respondent), of 
Milligan, Tennessee, proposing to deny his pending application for a 
DEA Certificate of Registration as a practitioner under 21 U.S.C. 
823(f). The Order to Show Cause alleged that Respondent's registration 
would be inconsistent with the public interest as that term is used in 
21 U.S.C. 823(f) based on his dispensing and prescribing controlled 
substances for no legitimate medical purpose on ten occasions between 
1986 and 1989 to undercover agents who were posing as patients; his 
voluntary surrender of his previous DEA certificate of Registration; 
the summary suspension of his medical license by the Board of Medical 
Examiners of the State of Tennessee; and his conviction of four counts 
of violating 21 U.S.C. 841(a)(1) based on his guilty plea in the United 
States District Court, Western District of Tennessee.
    The Order to Show Cause was sent to Respondent by registered mail. 
More than thirty days have passed since the Order to Show Cause was 
received by Respondent and the DEA has received no response thereto. 
Pursuant to 21 CFR 1301.54(d) and 1301.54(e), Respondent is deemed to 
have waived his opportunity for a hearing. Accordingly, the Deputy 
Administrator now enters his final order in this matter without a 
hearing and based upon the investigative file. 21 CFR 1301.57.
    In 1986, the Tennessee Bureau of Investigation obtained information 
that Respondent was issuing controlled substance prescriptions for no 
legitimate medical purpose. Based upon this information, agents posing 
as patients made office visits with Respondent in an attempt to procure 
illicit prescriptions. These visits corroborated the initial reports; 
Respondent issued prescriptions for Talwin and Valium, both Schedule IV 
controlled substances, on the first undercover visit and then issued 
two more prescriptions less then a month later for Pentobarbital, a 
Schedule III controlled substance, and Talwin. None of these 
prescriptions were issued for a legitimate medical reason.
    Other Tennessee law enforcement agencies also joined in the 
investigation. Between February of 1988 and April 1989, Respondent 
dispensed or wrote prescriptions for Demerol, a Schedule II controlled 
substance, Valium and Talwin for no legitimate medical purpose to these 
undercover agents on eight separate occasions. During some of these 
visits, Respondent inquired about obtaining cocaine, a Schedule II 
controlled substance, from the agents. On the final visit, the 
undercover agent gave Respondent one ounce of cocaine in exchange for 
$600.00 and a Talwin prescription.
    Within a short time of the final undercover visit, Respondent was 
arrested and charged with four counts of violating 21 U.S.C. 841(a)(1), 
based upon the latest undercover transactions. At this point Respondent 
voluntarily surrendered his DEA Certificate of Registration, AA2050285. 
Then, on April 14, 1989, the Board of Medical Examiners of the State of 
Tennessee summarily suspended Respondent's medical license. On May 20, 
1990, Respondent pled guilty to and was convicted of four counts of 
violating 21 U.S.C. 841(a)(1) in the United States District Court, 
Western District of Tennessee. On July 15, 1992, the Board of Medical 
Examiners granted Respondent a restricted medical license with the 
conditions that he be on probation for three years and that, inter 
alia, he not be allowed to handle Schedule II controlled substances.
    The Deputy Administrator may deny an application for a DEA 
Certificate of Registration if he determines that the registration 
would be inconsistent with the public interest. Pursuant to 21 U.S.C. 
823(f), ``(i)n determining the public interest, the following factors 
will be considered:
    (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.
    (5) Such other conduct which may threaten the public health and 
safety.''
    In determining whether a registration would be inconsistent with 
the public interest, the Deputy Administrator is not required to make 
findings with respect to each of the factors listed above. Instead, the 
Deputy Administrator has the discretion to give each factor the weight 
he deems appropriate, depending upon the facts and circumstances of 
each case. See David E. Trawick, D.D.S., 53 FR 5326 (1988).
    In this proceeding factors one through four apply. Factor one is 
applicable based upon the Tennessee Board of Medical Examiner's summary 
suspension of Respondent's license and subsequent issuance of a 
restricted license. Factors two and four apply because Respondent 
prescribed and dispensed controlled substances to undercover agents on 
many occasions between 1986 and 1989 and based on the fact that 
Respondent traded a controlled substance prescription for cocaine on 
the last undercover visit. Factor three is also applicable based upon 
Respondent's conviction in Federal District Court to four counts of 
violating 21 U.S.C. 841(a)(1).
    No evidence of explanation or mitigating circumstances has been 
offered by Respondent. Therefore, the Deputy Administrator concludes 
that Respondent's application for a DEA Certificate of Registration 
must be denied.
    Accordingly, the Deputy 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) and 0.104, hereby orders that the 
application executed by William L. Algea, III, M.D., on November 12, 
1992, for a DEA Certificate of Registration as a practitioner, be, and 
it hereby is, denied. This order is effective May 24, 1994.

    Dated: May 17, 1994.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 94-12570 Filed 5-23-94; 8:45 am]
BILLING CODE 4410-09-M