[Federal Register Volume 59, Number 212 (Thursday, November 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27208]


[[Page Unknown]]

[Federal Register: November 3, 1994]


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DEPARTMENT OF JUSTICE
Drug Enforcement Administration

 

Owen M. Babbe, Jr., Revocation of Registration

    On March 3, 1994, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Owen M. Babbe, Jr., D.D.S. of Coeur D'Arlene, 
Idaho, proposing to revoke his DEA Certificate of Registration 
AB7962891, 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. Babbe lacked authority to handle controlled 
substances in the State of Idaho, 21 U.S.C. 824(a)(3), and that his 
continued registration is 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. Babbe's registered location 
in Coeur D'Arlene, Idaho by registered mail on March 3, 1994, but was 
returned to DEA unclaimed. Based on information obtained from the 
Washington State Department of Licensing, on April 26, 1994, the Order 
to Show Cause was sent registered mail to the address provided on Dr. 
Babbe's driver's license. On May 2, 1994, a signed receipt was returned 
to DEA indicating a delivery date of April 28, 1994. Thereafter, on 
June 10, 1994, the Order to Show Cause, in its original envelope, was 
returned marked unclaimed. More than thirty days have passed since the 
Order to Show Cause was delivered at Dr. Babbe's last known address. 
The DEA has received no response from Dr. Babbe or anyone purporting to 
represent him.
    Therefore, pursuant to 21 CFR 1301.54(d), the Deputy Administrator 
finds that Dr. Babbe 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 October 10, 1991, the Idaho 
State Board of Pharmacy suspended Dr. Babbe's controlled substance 
registration. On June 24, 1992, the Idaho State Board of Dentistry 
(Dentistry Board) revoked Dr. Babbe's license to practice dentistry for 
a period of five (5) years. The Dentistry Board concluded that on four 
occasions Dr. Babbe's treatment acts and dental practices constituted 
gross malpractice and on four other occasions his actions constituted 
malpractice.
    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 Elliott Monroe, M.D., 57 FR 23246 (1992) and Bobby Watts, M.D., 53 
FR 11920 (1987). Dr. Babbe is not authorized to administer, dispense, 
prescribe, or otherwise handle controlled substances in the State of 
Idaho wherein he is registered with the DEA. In light of this, the 
Deputy Administrator concludes that it is not necessary to address 
whether Dr. Babbe'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. Babbe's DEA registration 
must be revoked. 21 U.S.C. 824(a)(3). Accordingly, the Deputy 
Administrator 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, AB7962891, previously issued to Owen 
M. Babbe, Jr., D.D.S., 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 November 3, 1994.

    Dated: October 28, 1994.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 94-27208 Filed 11-2-94; 8:45 am]
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