[Federal Register Volume 60, Number 44 (Tuesday, March 7, 1995)]
[Notices]
[Page 12572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5455]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Drug Enforcement Administration


William W. Malone, M.D.; Revocation of Registration

    On October 14, 1994, the Deputy Assistant Administrator of the 
Office of Diversion Control, Drug Enforcement Administration (DEA), 
issued an Order to Show Cause to William W. Malone, M.D., (Dr. Malone) 
of Phoenix, Arizona, proposing to revoke his DEA Certificate of 
Registration, AM546789, and to deny any pending applications for 
registration as a practitioner under 21 U.S.C. 823(f). The proposed 
action was predicated on Dr. Malone's lack of authorization to handle 
controlled substances in the State of Arizona; that his continued 
registration would be inconsistent with the public interest; and that 
Dr. Malone had been excluded from participation in a program pursuant 
to 42 U.S.C. 1320a-7(a). See 21 U.S.C. 824(a)(3), (4) and (5).
    The Order to Show Cause was served on Dr. Malone by registered 
mail. More than thirty days have passed since the Order to Show Cause 
was received by Dr. Malone and the DEA has received no response 
thereto. Pursuant to 21 CFR 1301.54(e) and 1301.54(d), William W. 
Malone, M.D., is deemed to have waived his opportunity for a hearing. 
Accordingly, the Deputy Administrator now enters his final order in 
this matter without a hearing and based on the investigative file. 21 
CFR 1301.57.
    The Deputy Administrator finds that effective January 31, 1994, Dr. 
Malone's medical license was suspended, pursuant to a Consent 
Agreement, for a period of five years by the State of Arizona, Board of 
Medical Examiners (Arizona Board). As a result of the Arizona Board's 
action, Dr. Malone is no longer authorized to prescribe, dispense, 
administer or otherwise handle controlled substances in any schedule in 
the State of Arizona.
    The Deputy Administrator concludes that the DEA does not have the 
statutory authority under the Controlled Substances Act to issue or 
maintain a registration if the applicant or registrant is without State 
authority to handle controlled substances. See 21 U.S.C. 823(f). The 
Deputy Administrator and his predecessors have consistently so held. 
See Howard J. Reuben, M.D., 52 FR 8375 (1987); Ramon Pla, M.D., Docket 
No. 86-54, 51 FR 41168 (1986); Dale D. Shahan, DD.S., Docket No. 85-57, 
51 FR 23481 (1986); and cases cited therein.
    Since Dr. Malone lacks state authorization to handle controlled 
substances, it is not necessary for the Deputy Administrator to decide 
the issue of whether Dr. Malone's DEA registration should be revoked on 
the basis of 21 U.S.C. 824(a)(4) and (5), at this time.
    No evidence of explanation or mitigating circumstances has been 
offered by Dr. Malone. Therefore, the Deputy Administrator concludes 
that Dr. Malone's DEA Certificate of Registration must be revoked.
    Accordingly, the Deputy Administrator of the Drug Enforcement 
Administration, pursuant to the authority vested in him by 21 U.S.C. 
823 and 824 CFR 0.100(b) and 0.104, hereby orders that DEA Certificate 
of Registration, AM5467849, previously issued to William W. Malone, 
M.D., be, and it hereby is, revoked, and any pending applications for 
the renewal of such registration, be, and they hereby are, denied. This 
order is effective April 6, 1995.

Stephen H. Greene,
Deputy Administrator.
    Dated: March 1, 1995.
[FR Doc. 95-5455 Filed 3-6-95; 8:45 am]
BILLING CODE 4410-09-M