[Federal Register Volume 59, Number 194 (Friday, October 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24877]


[[Page Unknown]]

[Federal Register: October 7, 1994]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

 

Else M. Hillgard, M.D.; Denial of Application

    On August 10, 1994, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Else M. Hillgard, M.D., of Arlington, Virginia, 
proposing to deny her application for registration as a practitioner. 
The Order to Show Cause alleged that Dr. Hillgard's registration would 
be inconsistent with the public interest as that term is used in 21 
U.S.C. 823(f).
    The Order to Show Cause was served on Dr. Hillgard on August 13, 
1993. More than thirty days have passed since the Order to Show Cause 
was received by Dr. Hillgard. The Drug Enforcement Administration has 
received no response from Dr. Hillgard or anyone purporting to 
represent her. Pursuant to 21 CFR 1301.54(d), the Deputy Administrator 
finds that Dr. Hillgard has waived her opportunity for a hearing. 
Accordingly, under the provisions of 21 CFR 1301.54(e) and 1301.57, the 
Deputy Administrator enters his final order in this matter without a 
hearing and based on the investigative file.
    In 1989, a DEA investigation revealed that Dr. Hillgard prescribed 
controlled substances to several individuals that were admitted drug 
abusers. When Dr. Hillgard became aware that she was under 
investigation for excessive prescribing, she voluntarily surrendered 
her DEA Certificate of Registration, AH8248153 on July 25, 1989.
    On June 22, 1990, Dr. Hillgard signed a Memorandum of Agreement 
with DEA in which she was granted a Certificate of Registration to 
handle only Schedule II non-narcotic and Schedule IV controlled 
substances, subject to certain terms and conditions. On September 4, 
1990, DEA issued Dr. Hillgard DEA Certificate of Registration, 
BH2412687.
    In September 1990, the Maryland State Department of Health and 
Mental Hygiene received information that Dr. Hillgard was again 
excessively prescribing controlled substances to known drug abusers for 
no legitimate medical reason. As a result, on October 23, 1991, Dr. 
Hillgard's license to practice medicine was suspended by the Maryland 
Board of Physician Quality Assurance (Board). On October 24, 1991, Dr. 
Hillgard voluntarily surrendered her DEA Certificate of Registration, 
BH2412687.
    On September 15, 1992, the Board revoked Dr. Hillgard's license to 
practice medicine. The Board found that Dr. Hillgard was selling, 
prescribing, giving away or administering drugs for illegal or 
illegitimate purposes. Based in part upon the Board's findings 
regarding Dr. Hillgard's prescribing practices, and subsequent decision 
to revoke her medical license, effective February 28, 1994, Dr. 
Hillgard's license to practice medicine in the Commonwealth of Virginia 
was also revoked.
    The Deputy Administrator finds that as of September 15, 1992, Dr. 
Hillgard's license to practice medicine in the State of Maryland was 
revoked, and effective February 28, 1994, her license to practice 
medicine in the Commonwealth of Virginia was also revoked. As a result, 
she is unable to handle controlled substances in the state in which she 
is registered with DEA. 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 he 
conducts his 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 Monroe, M.D., 57 FR 23246 (1992); Bobby 
Watts, M.D., 53 FR 11919 (1988).
    Based on the foregoing, it is clear that Dr. Hillgard's application 
for 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 (59 FR 23637), hereby orders that the application 
for registration, executed by Else M. Hillgard, M.D., be, and it hereby 
is, denied. This order is effective October 7, 1994.

    Dated: October 3, 1994.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 94-24877 Filed 10-6-94; 8:45 am]
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