[Federal Register Volume 59, Number 203 (Friday, October 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26088]


[[Page Unknown]]

[Federal Register: October 21, 1994]


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DEPARTMENT OF JUSTICE
Drug Enforcement Administration

 

Alvin A. Chester, M.D.; Revocation of Registration

    On March 11, 1994, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Alvin A. Chester, M.D., of Albuquerque, New 
Mexico, proposing to revoke his DEA Certificate of Registration, 
AC3247738, and to deny any pending applications for registration as a 
practitioner. 21 U.S.C. 823(f) (1992). The basis for the Order to Show 
Cause was that Dr. Chester lacked authority to handle controlled 
substances in the State of New Mexico, 21 U.S.C. 824(a)(3), and that 
his continued registration would be inconsistent with the public 
interest, as the term is used in 21 U.S.C. 823(f) and 824(a)(4).
    The Order to Show Cause was sent to Dr. Chester's registered 
location in Albuquerque, New Mexico by registered mail on March 11, 
1994, and a signed receipt was returned to DEA indicating a delivery 
date of March 19, 1994. More than thirty days have passed since the 
Order to Show Cause was delivered to Dr. Chester's registered address. 
The DEA has received no response from Dr. Chester or anyone purporting 
to represent him. Therefore, pursuant to 21 CFR 1301.54(d), the Deputy 
Administrator finds that Dr. Chester has waived his opportunity for a 
hearing on the issues raised by the Order to Show Cause. The Deputy 
Administrator has carefully considered the investigative file in this 
matter and enters his final order based on the provisions of 21 CFR 
1301.54(e) and 1301.57.
    The Deputy Administrator finds that on December 2, 1992, the New 
Mexico Board of Medical Examiners (Medical Board) revoked Dr. Chester's 
medical license. The Medical Board found that Dr. Chester had committed 
fraud or misrepresentation in applying for and procuring a license to 
practice medicine in the State of New Mexico in that he failed to 
disclose a prior conviction by military court-martial. The Medical 
Board also found that he had engaged in grossly negligent practice of 
medicine and unwise and injudicious prescribing practices, both of 
which included inappropriate use of Schedule II and IV controlled 
substances. The Medical Board concluded that the cumulative pattern of 
Dr. Chester's medical practice demonstrated his incapacity or 
incompetence to practice medicine. On June 8, 1993, the New Mexico 
Board of Pharmacy (Pharmacy Board) revoked Dr. Chester's controlled 
substance registration because the Medical Board had revoked his 
practitioner's license and because he had failed to notify the Pharmacy 
Board of that action.
    The Deputy Administrator has consistently held that DEA cannot 
maintain the registration of a practitioner who is without State 
authority to handle controlled substances. Nathaniel S. Lehrman, M.D., 
59 FR 44780 (1994) and Franz A. Arakaky, M.D., 59 FR 42074 (1994); see 
also Elliot Monroe, M.D., 57 FR 23246 (1992) and Bobby Watts, M.D., 53 
FR 11920 (1987). Dr. Chester is not authorized to administer, dispense, 
prescribe, or otherwise handle controlled substances in the State of 
New Mexico wherein he is registered with the DEA. In light of this, the 
Deputy Administrator concludes that it is not necessary to address 
whether Dr. Chester's continued registration is otherwise consistent 
with the public interest.
    Based on the foregoing, the Deputy Administrator of the Drug 
Enforcement Administration concludes that Dr. Chester's DEA 
registration must be revoked. 21 U.S.C. 824(a)(3). 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 AC3247738, previously issued to Alvin A. Chester, M.D., 
be, and it hereby is, revoked, and that any pending applications for 
the renewal of such registration, be, and they hereby are, denied. This 
order is effective on October 21, 1994.

    Dated: October 14, 1994.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 94-26088 Filed 10-20-94; 8:45 am]
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