[Federal Register Volume 59, Number 222 (Friday, November 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28489]


[[Page Unknown]]

[Federal Register: November 18, 1994]


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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 94-70]

 

Fredna Gowder-Waters, D.D.S; Denial of Application for 
Registration

    On July 5, 1994, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Fredna Gowder-Waters D.D.S. (Respondent), of 
Lula, Georgia, proposing to deny her March 12, 1991 application for 
registration as a practitioner. The basis for the Order to Show Cause 
was that Respondent was no longer authorized by state law to handle 
controlled substances and thus was ineligible for DEA registration 
pursuant to 21 U.S.C. 823(f).
    Respondent requested a hearing and the matter was docketed before 
Administrative Law Judge Mary Ellen Bittner. On August 17, 1994 the 
Government filed a Motion for Summary Disposition alleging that 
Respondent no longer held state authorization to handle controlled 
substances for reason that the George Board of Dentistry revoked 
Respondent's license to practice dentistry on September 10, 1992. 
Respondent filed a Motion for Judgment in response to the Government 
Motion for Summary Disposition arguing that DEA had no jurisdiction in 
the matter.
    On August 24, 1994 the Administrative law judge entered her opinion 
and recommend decision granting the Government's Motion for Summary 
Disposition and recommending that the Respondent's application for 
registration be denied. Respondent subsequently filed exceptions 
captioned as a Response and a Legal Argument for Notice. The 
administrative law judge transmitted the record to the Deputy 
Administrator on September 26, 1994. On October 11, 1994 the 
administrative law judge transmitted, for consideration as further 
exceptions, a Notice of Appeal filed by Respondent on September 29, 
1994.
    The Deputy Administrator has considered the record in its entirety 
and, under the provision of 21 CFR 1316.67, enters his final order in 
this matter, based on findings of fact and conclusions of law as 
hereinafter set forth.
    No evidentiary hearing was held in this case as there were no 
factual issues involved, only a question of law. Judge Bittner found 
that Respondent lacked state authorization to handle controlled 
substances in the State of Georgia, the jurisdiction in which the 
Respondent is registered with the DEA. Judge Bittner concluded that DEA 
has no authority to register a practitioner, unless that practitioner 
is authorized by the state to dispense controlled substances.
    The DEA has consistently held that it does not have statutory 
authority under the Controlled Substances Act to register a 
practitioner unless that practitioner is authorized by the state to 
dispense controlled substances. See Bobby Watts, M.D. 53 FR 11919 
(1988); Lawrence R. Alexander, M.D., 57 FR 22256 (1992).
    The Deputy Administrator adopts the opinion and recommended 
decision of the administrative law judge in its entirety. The Deputy 
Administrator has also considered Respondent's exceptions and finds 
them to be without merit. Based on the foregoing, the Deputy 
Administrator concludes that Respondent's application for registration 
must be denied. 21 U.S.C. 823(f) and 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 the application for 
registration of Fredna Gowder-Waters, D.D.S., be, and it hereby is, 
denied. This order is effective November 18, 1994.

    Dated: November 9, 1994.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 94-28489 Filed 11-17-94; 8:45 am]
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