[Federal Register Volume 59, Number 228 (Tuesday, November 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29346]


[[Page Unknown]]

[Federal Register: November 29, 1994]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

 

Sherman H. DeVeas, D.D.S.; Denial of Application

    On September 29, 1994, the Deputy Assistant Administrator, Office 
of Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Sherman H. DeVeas, D.D.S., of Baltimore, 
Maryland, proposing to deny his application for registration as a 
practitioner pursuant to 21 U.S.C. 823(f). The basis for the Order to 
Show Cause was that Dr. DeVeas is no longer authorized by state law to 
handle controlled substances, and that his registration would be 
inconsistent with the public interest.
    The Order to show Cause was sent by registered mail and delivered 
to Dr. DeVeas on October 6, 1994. No response was received from Dr. 
DeVeas or anyone purporting to represent him.
    Pursuant to 21 CFR 1301.54(d), the Deputy Administrator finds that 
Dr. DeVeas has waived his opportunity for a hearing. The Deputy 
Administrator has considered the investigative file in this matter, and 
enters his final order under the provisions of 21 CFR 1301.57.
    The Deputy administrator finds that on March 29, 1993, Dr. DeVeas 
was convicted in the North Carolina Superior Court for Halifax County 
of the felony of unlawful possession of cocaine. Subsequently, on 
February 26, 1993, he surrendered his previous DEA Certificate of 
Registration, and on December 21, 1993, surrendered his license to 
practice dentistry and his state controlled dangerous substances 
registration to the Maryland State Board of Dental Examiners which 
accepted the surrender on January 5, 1994.
    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).
    Dr. DeVeas is not authorized to administer, dispense, prescribe, or 
otherwise handle controlled substances under the laws of the state in 
which the proposes to practice. In light of this, the Deputy 
Administrator concludes that it is not necessary to address whether Dr. 
DeVeas' registration is consistent with the public interest.
    Based on the foregoing, the Deputy Administrator concludes that 
Respondent's application for registration must be denied. 21 U.S.C. 
823(f). 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, hereby orders that the 
application for registration of Sherman H. DeVeas, D.D.S., be, and it 
hereby is, denied. This order is effective November 29, 1994.

    Dated: November 22, 1994.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 94-29346 Filed 11-28-94; 8:45 am]
BILLING CODE 4410-09-M