[Federal Register Volume 60, Number 74 (Tuesday, April 18, 1995)]
[Notices]
[Page 19412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9486]



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DEPARTMENT OF JUSTICE
Drug Enforcement Administration


Alvin E. French, M.D.; Revocation of Registration

    On February 7, 1994, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Alvin E. French, M.D., of Lima, New York. The 
Order to Show Cause sought to revoke Dr. French's DEA Certificate of 
Registration, AF6392106, and to deny any pending applications for 
renewal of such registration.
    The Order to Show Cause was sent to Dr. French at his registered 
location, 7304 East Main Street, Box 304, Lima, New York 14485, by 
registered mail. The Order to Show Cause was returned to DEA unclaimed 
with a notation on the envelope indicating that the forwarding order 
had expired. DEA investigators contacted the United States Post Office 
in Lima as well as the New York State Department of Health in an 
unsuccessful attempt to obtain a current address for Dr. French. Due to 
the fact that Dr. French has left no forwarding address, he is deemed 
to have waived his opportunity for a hearing. The Deputy Administrator 
now enters his final order in this matter without a hearing and based 
on the investigative file. See 21 CFR 1301.54(d) and 1301.57.
    The Order to Show Cause alleged that Dr. French's DEA registration 
should be revoked in light of the fact that he is no longer authorized 
by the State of New York to handle controlled substances. See 21 U.S.C. 
824(a)(3). The investigative file reveals that Dr. French voluntarily 
surrendered his New York State medical license effective November 5, 
1992.
    It is well established that the DEA cannot register a practitioner 
who is not duly authorized to handle controlled substances in the state 
in which he does business. See 21 U.S.C. 823(f). The DEA has 
consistently held that practitioners who lack state authorization to 
handle controlled substances cannot be registered by DEA. See Ramon 
Pla, M.D., 51 FR 41168 (1986); George S. Heath, M.D., 51 FR 26610 
(1986); Dale D. Shahan, D.D.S., 51 FR 23481 (1986).
    Consequently, the Deputy Administrator concludes that since Dr. 
French is no longer authorized to handle controlled substances by the 
State of New York, Dr. French's DEA Certificate of Registration should 
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 and 28 CFR 0.100(b) and 0.104, hereby orders that 
DEA Certificate of Registration, AF6392106, issued to Alvin E. French, 
M.D., be, and it hereby is, revoked, and that any pending applications 
for registration be, and they hereby are, denied. This order is 
effective May 18, 1995.

    Dated: April 12, 1995.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 95-9486 Filed 4-17-95; 8:45 am]
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