[Federal Register Volume 59, Number 195 (Tuesday, October 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24950]


[[Page Unknown]]

[Federal Register: October 11, 1994]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

 

Kenneth Wayne Green, Jr., M.D. Revocation of Registration

    On May 4, 1994, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Kenneth Wayne Green, Jr., M.D. The order to Show 
Cause proposed to revoke Dr. Green's DEA Certificate of Registration, 
BG124039, and deny any pending applications for renewal of such 
registration as a practitioner under 21 U.S.C. 823(f). The statutory 
predicate for the issuance of the Order to Show Cause was Dr. Green's 
lack of authorization to handle controlled substance in the State of 
Texas. 21 U.S.C. 824(a)(3). In addition, the Order to Show Cause 
alleged that Dr. Green's 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 Dr. Green by registered mail to 
his DEA registered address, 2728 Oak Lawn, Dallas, Texas and to Post 
Office Box 191428, Dallas, Texas. Both Orders were returned to DEA 
unclaimed with the notation ``addressee unknown.'' DEA Investigators 
made numerous attempts to locate Dr. Green. Investigators went to Dr. 
Green's DEA registered location, which was his medical office, and 
learned that the office had been closed and the doors padlocked. 
Investigators also went to Dr. Green's residence and to his parent's 
residence. Additionally, they contacted the state medical authorities 
and the post office.
    In their attempt to locate Dr. Green, DEA Investigators learned 
that he maintained a mailbox at a mailbox service company located at 
729 Grapevine Highway, Hurst, Texas. DEA Investigators personally 
delivered the Order to Show Cause to that location. An employee 
confirmed that Dr. Green had a mailbox with that company. Some time 
later, that Order to Show Cause was returned to DEA unclaimed.
    The Deputy Administrator finds that the DEA Investigators made 
numerous attempts to locate Dr. Green and have determined that his 
whereabouts are unknown. It is quite evident that Dr. Green is no 
longer practicing medicine at the address listed on his DEA Certificate 
of Registration. The Deputy Administrator concludes that considerable 
effort has been made to serve Dr. Green with the Order to Show Cause 
without success. Consequently, the Deputy Administrator now enters his 
final order in this matter based on the investigative file. 21 CFR 
1301.54 and 1301.57.
    The DEA investigative file reveals that Respondent had abused 
Demerol and Vicodin, Schedule II and III controlled substances, 
respectively; had been hospitalized for drug and alcohol abuse on 
February 7, 1991; had participated in an impaired professional program 
between March and June 1991; and lost his clinical privileges at a 
medical center in April 1991, due to his intemperate use of Demerol and 
Vicodin. Based upon those findings, on April 10, 1992, Dr. Green and 
the Texas State Board of Medical Examiners (Board), entered into an 
agreed Order whereby Dr. Green's license to practice medicine was 
suspended for ten years. The suspension was probated under certain 
terms and conditions. One term provided that Dr. Green abstain from the 
consumption of alcohol and chemical substances. Another term required 
that Dr. Green provide either a urine or blood specimen at the request 
of a Board representative.
    On June 5, 1992, a compliance officer with the Board collected a 
urine sample from Dr. Green. The sample tested positive for cocaine. As 
a result, on August 28, 1993, the Board again suspended Dr. Green's 
license to practice medicine for ten years, said suspension stayed. Dr. 
Green's medical license was placed on probation under certain terms and 
conditions. One condition required that Dr. Green abstain from the 
consumption of alcohol and chemical substances.
    On November 2, 1993, the compliance officer returned to Dr. Green's 
office to obtain a urine specimen. Dr. Green initially refused to 
comply with that request. Approximately three hours later, he provided 
a urine sample. The sample tested positive for amphetamines and 
methamphetamine.
    The investigative file further reveals that Dr. Green violated 
other provisions of the Texas Board Orders dated April 10, 1992 and 
August 28, 1993. Dr. Green failed to participate in the activities of 
the Dallas County Medical Society Committee on Physician Health and 
Rehabilitation; failed to receive treatment from his counselors and 
from his treating physician; and failed to immediately submit himself 
for a random screening for alcohol or drugs on November 2, 1993.
    As a result of the foregoing, the Board issued a Final Order, dated 
August 19, 1994, revoking Dr. Green's license to practice medicine in 
the State of Texas. Additionally, Dr. Green failed to renew his Texas 
controlled substances registration on or before March 31, 1994. 
Consequently, he is no longer authorized to handle controlled 
substances in the State of Texas.
    The Deputy Administrator concludes that, based upon the information 
contained in the investigative file, there are sufficient grounds for 
the revocation of Dr. Green's DEA Certificate of Registration and for 
the denial of any pending applications for renewal. The fact that Dr. 
Green is no longer authorized to handle controlled substances in the 
State of Texas is a sufficient ground, by itself, to order the 
renovation of his registration. 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); Stephen A. Richards, D.D.S., 59 FR 42074 
(1994); Scot Kazalla, D.D.S., 59 FR 28424 (1994); Myong S. Yi, M.D. 54 
FR 30618 (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. Green is no longer 
authorized to handle controlled substances in the State of Texas, the 
Deputy Administrator cannot maintain his DEA Certificate of 
Registration in that state.
    In addition, the information regarding Dr. Green's history of drug 
abuse provides further support for the revocation of his registration 
and for the denial of any pending applications for renewal. The Deputy 
Administrator finds that Dr. Green's continued drug usage and relapses 
leads to the conclusion that he cannot be entrusted with the 
responsibilities of a DEA registrant and that his continued possession 
of a registration would be contrary to the public interest. Allan L. 
Gant, D.O., 59 FR 10826 (1994); David M. Headley, M.D., 58 FR 58183 
(1994); Robert W. Sonntag, M.D., 53 FR 45606 (1988).
    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 Certificate of Registration, BG1204039, previously issued to 
Kenneth Wayne Green, Jr., M.D., be, and it hereby is, revoked. The 
Deputy Administration further orders that all pending applications for 
the renewal of such registration, be, and hereby are, denied. This 
order is effective November 10, 1994.

Stephen H. Greene,
Deputy Administrator.
    Dated: October 3, 1994.
[FR Doc. 94-24950 Filed 10-7-94; 8:45 am]
BILLING CODE 4410-09-M