[Federal Register Volume 60, Number 156 (Monday, August 14, 1995)]
[Notices]
[Pages 41900-41901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20020]



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DEPARTMENT OF JUSTICE
[Docket No. 95-19]


Derrick K. Mobley, M.D.; Revocation of Registration

    On December 14, 1994, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Derrick K. Mobley, M.D. of Philadelphia, 
Pennsylvania (Respondent), proposing to revoke his DEA Certificates of 
Registration, BM2550829, issued to him in Pennsylvania, and BM1810109, 
issued to him in New Jersey, and deny any pending applications for 
registration as a practitioner. The statutory basis for the Order to 
Show Cause was that Respondent's continued registration as a 
practitioner is not consistent with the public interest and that 
Respondent is no longer authorized to handle controlled substances in 
the Commonwealth of Pennsylvania or the State of New Jersey. 21 U.S.C. 
823(f) and 21 U.S.C. 824(a)(3).
    Respondent, pro se, requested a hearing on the issues raised in the 
Order to Show Cause, and the matter was docketed before Administrative 
Law Judge Mary Ellen Bittner. On March 9, 1995, the Government filed a 
motion for summary disposition alleging that Respondent was not 
authorized to handle controlled substances in either New Jersey or 
Pennsylvania, the jurisdictions in which he proposes to practice. 
Respondent did not file a response to the Government's motion, and did 
not deny that he had surrendered his New Jersey license and that his 
Pennsylvania license had been revoked. No evidentiary hearing was held 
on this matter as no questions of fact were to be resolved, only a 
question of law.
    On May 15, 1995, the administrative law judge issued her opinion 
and 

[[Page 41901]]
recommended decision, recommending that Respondent's DEA Certificates 
of Registration be revoked. No exceptions were filed by either party. 
On June 22, 1995, the administrative law judge transmitted the record 
to the Deputy Administrator. After a careful consideration of the 
record in its entirety the Deputy Administrator enters his final order 
in this matter, in accordance with 21 CFR 1316.67, based on conclusions 
of law as set forth herein.
    Respondent voluntarily surrendered his license to practice medicine 
in New Jersey effective January 28, 1993. As part of the consent order 
signed with the New Jersey State Board of Medical Examiners (New Jersey 
Board), Respondent was ordered to deliver to the New Jersey Board his 
State and Federal controlled substances registrations. On December 28, 
1994, the Commonwealth of Pennsylvania, Bureau of Professional and 
Occupational Affairs, State Board of Medicine, issued an order revoking 
Respondent's license to practice medicine and surgery. Respondent did 
not deny that he was no longer authorized to handle controlled 
substances in Pennsylvania or New Jersey.
    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 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). In such 
cases a motion for summary disposition is properly entertained. There 
is no need for a plenary evidentiary hearing since there are no 
questions of fact to be resolved by such a hearing. Phillip E. Kirk, 
M.D., 48 FR 32887 (1983), aff'd sub nom, Kirk v. Mullen, 749 F.2d 297 
(6th Cir. 1984); Floyd A. Santner, M.D., 47 FR 51831 (1982). The 
administrative law judge found that, where Respondent is not currently 
authorized to practice medicine or perform surgery in either New Jersey 
or Pennsylvania, it is reasonable to infer, and Respondent did not 
deny, that he also is not authorized to handle controlled substances. 
Therefore, because Respondent is no longer authorized to handle 
controlled substances in the Commonwealth of Pennsylvania or the State 
of New Jersey, the Deputy Administrator cannot permit him to maintain 
DEA Certificates of Registration in those jurisdictions.
    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 Certificates of Registration 
BM2550829 and BM1810109, previously issued to Derrick K. Mobley, M.D., 
be, and they hereby are, revoked, and that any outstanding applications 
for renewal of such registrations be, and they hereby are, denied, This 
order is effective September 13, 1995.

    Dated: August 8, 1995.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 95-20020 Filed 8-11-95; 8:45 am]
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