[Federal Register Volume 59, Number 183 (Thursday, September 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23389]


[[Page Unknown]]

[Federal Register: September 22, 1994]


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DEPARTMENT OF JUSTICE
Drug Enforcement Administration

 

Irving R. Majors, Sr., M.D.; Revocation of Registrations

    On March 2, 1994, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Irving R. Majors, Sr., M.D., at 7710 East King 
Highway #56, Shreveport, Louisiana; c/o Medical Park Hospital, 2001 
South Main, Hope, Arkansas; and 1905 NW Loop 281, c/o Centra Med, 
Longview, Texas. The Order to Show Cause proposed to revoke Dr. Majors' 
DEA Certificates of Registration, BM2917586, AM3141948, and AM3180635, 
and to deny any pending applications for renewal of such registrations 
as a practitioner under 21 U.S.C. 823(f). The statutory predicate for 
the issuance of the Order to Show Cause was Dr. Majors' lack of 
authorization to handle controlled substances in the States of 
Arkansas, Louisiana, and Texas. 21 U.S.C. 824(a)(3). In addition, the 
Order to Show Cause alleged that Dr. Majors' continued registration is 
inconsistent with the public interest, as that term is used in 21 
U.S.C. 823(f) and 824(a)(4).
    The Order to Show Cause was sent to each of Dr. Majors' registered 
locations by registered mail and were returned to DEA unclaimed. The 
Order to Show Cause was personally served on Dr. Majors on March 14, 
1994. More than thirty days have passed since the Order to Show Cause 
was received by Dr. Majors, and the Drug Enforcement Administration has 
received no response thereto. Therefore, the Deputy Administrator 
concludes that Dr. Majors has waived his opportunity for a hearing on 
the issues raised by the Order to Show Cause and, pursuant to 21 CFR 
1301.54(d) and 1301.54(e), enters this final order based on the 
investigative file. 21 CFR 1301.57.
    The Deputy Administrator finds that in January 1992, the Metro 
Narcotics Unit, Ouachita Parish, Louisiana received information from a 
pharmacist regarding a suspicious telephone prescription. The Metro 
Narcotics Unit subsequently initiated an undercover investigation. The 
investigation revealed that from January 10 to 20, 1992, Dr. Majors 
telephoned several pharmacies and authorized the dispensation of 
controlled substances to an undercover operative for no legitimate 
medical purpose. Dr. Majors charged the undercover operative one dollar 
per tablet. Arrangements for the sale of the controlled substances took 
place in Dr. Majors' car under the direct surveillance of the Metro 
Narcotics Unit.
    On January 20, 1992, Dr. Majors was arrested for illegal 
distribution of controlled substances. On July 6, 1993, Dr. Majors was 
indicted on one count of conspiracy to distribute a controlled 
substance (hydrocodone), six counts of distribution of a controlled 
substance (hydrocodone), and eight counts of attempted distribution of 
a controlled substance (hydrocodone).
    As a result of the aforementioned activities, Dr. Majors' authority 
to handle controlled substances was terminated in three states. On 
March 26, 1992, the Arkansas State Medical Board issued an emergency 
order of suspension of Dr. Majors' medical license finding that he 
distributed and conspired to distribute a controlled substance. On 
April 28, 1993, the Louisiana State Board of Medical Examiners by Final 
Decision suspended Dr. Majors' license to practice medicine for three 
years and ordered that he be barred from prescribing, dispensing, or 
administering any controlled substances for the duration of his medical 
career. On January 14, 1994, the Texas State Board of Medical Examiners 
by Final Order revoked Dr. Majors' license to practice medicine. The 
Board concluded that Dr. Majors' continued practice of medicine was an 
imminent peril to the public health, safety, and welfare.
    The Deputy Administrator concludes that, based upon the information 
contained in the investigative file, there are sufficient grounds for 
the revocation of Dr. Majors' DEA Certificates of Registration and for 
the denial of any pending applications for renewal. The fact that Dr. 
Majors is no longer authorized to handle controlled substances in the 
States of Arkansas, Louisiana and Texas is a sufficient ground, by 
itself, to order the revocation of his registrations. DEA has 
consistently held that it cannot maintain the registration of a 
practitioner who is not authorized to handle controlled substances in 
the state in which he practices. 21 U.S.C. 823(f); Nathaniel S. 
Lehrman, M.D., 59 FR 44780 (1994); Franz A. Arakaky, M.D., 59 FR 42074 
(1994); Elliott Monroe, M.D., 57 FR 23246 (1992); Myong S. Yi, M.D., 54 
FR 20618 (1989); William D. Romers, D.D.S., 52 FR 12621 (1987); Ramon 
Pla, M.D., 51 FR 41168 (1986); Kenneth K. Birchard, M.D., 48 FR 33778 
(1983); and cases cited therein. Since Dr. Majors is no longer 
authorized to handle controlled substances in the States of Arkansas, 
Louisiana, and Texas, the Deputy Administrator cannot maintain his DEA 
Certificates of Registration in those states.
    In addition, the information regarding Dr. Majors' improper 
handling of controlled substances provides additional support for the 
revocation of his registrations and for the denial of any pending 
applications for renewal. The investigative file elucidates Dr. Majors 
absolute disregard for Federal and state controlled substance laws and 
regulations. The undercover investigation conducted by the Metro 
Narcotics Unit clearly and most convincingly showed that Dr. Majors 
abandoned his professional responsibility as a physician. He knowingly 
became a source of drugs to be used for non-medical purposes. Dr. 
Majors' continued registration would pose a serious threat to the 
public health and safety and would be wholly inconsistent with the 
public interest.
    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 (59 FR 23637), hereby orders 
that DEA Certificates of Registration AM3141948, BM2917586 and 
AM3180635 previously issued to Irving R. Majors, Sr., M.D., be, and 
they hereby are, revoked. The Deputy Administrator further orders that 
all pending applications for the renewal of such registrations, be, and 
they hereby are, denied. This order is effective October 24, 1994.

    Dated: September 15, 1994.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 94-23389 Filed 9-21-94; 8:45 am]
BILLING CODE 4410-09-M