[Federal Register Volume 60, Number 139 (Thursday, July 20, 1995)]
[Notices]
[Pages 37474-37475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17784]



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DEPARTMENT OF JUSTICE

Barney Rubenstein, M.D.; Revocation of Registration

    On December 28, 1994, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Barney Rubenstein, M.D. of San Antonio, Texas 
(Respondent), proposing to revoke his DEA Certificate of Registration, 
BR0775291, and deny any pending applications for registration as a 
practitioner. The statutory basis for the Order to Show Cause was that 
Respondent was no longer authorized to handle controlled substances in 
the State of Texas. 21 U.S.C. 823(f) and 824(a)(3).
    By letter dated January 26, 1995, Respondent waived a hearing in 
this matter and, in the alternative, submitted a written statement 
regarding his position as to the facts and law involved in this matter 
pursuant to 21 CFR 1301.54. The Deputy Administrator hereby enters his 
final order based upon the investigative file and Respondent's written 
statement in accordance with 21 CFR 1301.57.
    Review of the investigative file indicates that Respondent's DEA 
Certificate of Registration and Texas Controlled Substances 
Registration were surrendered on January 23, 1982, in accordance with a 
stipulated agreement between Respondent and the Texas State Board of 
Medical Examiners (the Board), because of questionable prescribing 
practices. On October 28, 1986, after a hearing, the Board removed all 
sanctions against Respondent and recommended that he reapply for a 

[[Page 37475]]
Texas Controlled Substances Registration and DEA registration. 
Respondent's application for DEA registration was approved on January 
26, 1987.
    In April of 1992, DEA investigators in San Antonio received 
information that Respondent was authorizing prescriptions for 
hydrocodone (Schedule III), Tussionex (Schedule III) and other non-
controlled medications for himself and members of his family in 
violation of Texas law. DEA informed the Board of Respondent's 
prescribing practices.
    On September 27, 1993, Respondent entered into an Agreed Order, 
effective October 10, 1993, with the Board whereby Respondent's medical 
license was suspended, with such suspension stayed for a seven year 
probationary period. As a condition of probation, Respondent cannot 
``possess, administer, dispense or prescribe any controlled substances, 
except that Respondent may possess and self-administer those controlled 
substances prescribed to him by another physician for a legitimate and 
therapeutic purpose.'' Pursuant to this restriction, Respondent is no 
longer authorized to handle controlled substances within the State of 
Texas.
    Respondent's written statement argues that his DEA Certificate of 
Registration should not be revoked because the Agreed Order did not 
require him to surrender either his DEA registration number or his 
Texas controlled substances registration number. However, despite the 
fact that the Agreed Order did not require Respondent to surrender his 
DEA registration, the terms of the order specifically prohibit 
Respondent from handling controlled substances. 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 to dispense controlled substances by the state in which he 
proposes to practice. See Lawrence R. Alexander, M.D., 57 FR 22256 
(1992); Bobby Watts, M.D., 53 FR 11919 (1988); Robert F. Witek, D.D.S., 
52 FR 4770 (1987). Therefore, because Respondent is no longer 
authorized to handle controlled substances in the State of Texas, the 
Deputy Administrator cannot permit him to maintain a DEA Certificate of 
Registration in that state.
    Accordingly, the Deputy Administrator of the Drug Enforcement 
Administration, pursuant to 21 U.S.C. 823 and 824 and 28 CFR 0.100(b) 
and 0.104, hereby orders that DEA Certificate of Registration 
BR0775291, previously issued to Barney Rubenstein, M.D., be, and it is 
hereby, revoked, and that any pending applications for renewal of such 
registration be, and they hereby are, denied. This order is effective 
August 21, 1995.

    Dated: July 14, 1995.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 95-17784 Filed 7-19-95; 8:45 am]
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