[Federal Register Volume 60, Number 165 (Friday, August 25, 1995)]
[Notices]
[Pages 44364-44365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21102]



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

DEPARTMENT OF JUSTICE

Drug Enforcement Administration
[Docket No. 95-15]


Anthony E. Doss, M.D., Revocation of Registration

    On December 12, 1994, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration, ( DEA) issued an 
Order to Show Cause to Anthony E. Doss, M.D., (Respondent), of 621 
Commonwealth Avenue, Bristol, Virginia, proposing to revoke his DEA 
Certificate of Registration, AD7453537, and to deny any pending 
applications for renewal of such registration as a practitioner under 
21 U.S.C. 823(f). The proposed action was predicated on Dr. Doss' lack 
of authorization to handle controlled substances in the Commonwealth of 
Virginia.
    By letter dated January 16, 1995, Respondent requested a hearing on 
the issue raised in the Order to Show Cause and the matter was placed 
on the docket of Administrative Law Judge Paul A. Tenney. On January 
30, 1995, Judge Tenney issued an order for prehearing statements. In 
lieu of filing a prehearing statement, Government counsel filed a 
motion for summary disposition on the ground that Respondent was no 
longer authorized to handle controlled substances in the Commonwealth 
of Virginia. Attached to the Government's motion were a copy of the 
Virginia Board of Medicine's order revoking Respondent's state medical 
license, and an affidavit from the Virginia Board of Pharmacy attesting 
that Respondent is not authorized to prescribe, distribute or 
manufacture Schedule I through V drugs in the Commonwealth of Virginia. 
On February 13, 1995, Judge Tenney issued an order permitting 
Respondent to file a response, on or before February 27, 

[[Page 44365]]
1995, to the Government's motion. Respondent failed to file a response. 
On March 2, 1995, Judge Tenney issued his conclusions of law and 
recommended ruling, granting the Government's motion for summary 
disposition and recommending revocation of Respondent's DEA Certificate 
of Registration. No exceptions were filed and, on April 11, 1995, Judge 
Tenney transmitted the record of these proceedings to the Deputy 
Administrator. The Deputy Administrator, having considered the record 
in its entirety, hereby enters his final order in this matter pursuant 
to 21 CFR 1316.67.
    The Deputy Administrator finds that on June 10, 1993, the Virginia 
Board of Medicine (``Board'') revoked Respondent's license to practice 
medicine. The Board found, inter alia, that Respondent engaged in a 
sexual relationship with a patient and prescribed controlled substances 
to that patient. The Board further found that Respondent improperly and 
with the intent to evade established insurance reimbursement policies 
submitted, or caused to be submitted, claims to the patient's insurance 
carrier requesting reimbursement for psychotherapy services on dates 
when he had not met with the patient.
    The Deputy Administrator further finds that the affidavit submitted 
on behalf of the Virginia Board of Pharmacy provided that Respondent's 
state controlled substance registrations expired on June 30, 1987 and 
June 30, 1994. The affidavit further provided that as of February 6, 
1995, Respondent was not authorized to prescribed, distribute or 
manufacture Schedule I through V drugs in the Commonwealth of Virginia.
    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. 802(21), 21 U.S.C. 823(f) and 824(a)(3). This 
prerequisite has been consistently upheld. See Lawson A. Akpulonu, 
M.D., 60 FR 33434 (1995); Robert C. Davis, M.D., 59 FR 66049 (1994); 
Elliott F. Monroe, M.D., 57 FR 23246 (1992); Bobby Watts, M.D., 53 FR 
11919 (1988); Avner Kauffman, M.D., 50 FR 34208 (1985).
    The Deputy Administrator finds that Respondent is not currently 
licensed to practice medicine or authorized to handle controlled 
substances in the Commonwealth of Virginia. Therefore, his DEA 
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 and 28 CFR 0.100(b) and 0.104, hereby orders that DEA 
Certificate of Registration AD7453537, previously issued to Anthony E. 
Doss, M.D., be, and it hereby is, revoked. The Deputy Administrator 
further orders that any pending applications for the renewal of such 
registration, be, and they hereby are, denied. This order is effective 
September 25, 1995.

    Dated: August 18, 1995.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 95-21102 Filed 8-24-95; 8:45 am]
BILLING CODE 4410-09-M