[Federal Register Volume 61, Number 155 (Friday, August 9, 1996)]
[Notices]
[Page 41653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20360]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Donald E. Stoops, D.O.; Revocation of Registration

    On January 31, 1996, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Donald E. Stoops, D.O., (Respondent) of Truth or 
Consequences, New Mexico, notifying him of an opportunity to show cause 
as to why DEA should not revoke his DEA Certificate of Registration, 
AS3251814, under 21 U.S.C. 824(a), and deny any pending applications 
for renewal of such registration as a practitioner under 21 U.S.C. 
823(f), for the reason that, on or about November 19, 1994, the New 
Mexico Board of Osteopathic Medical Examiners had ordered the 
revocation of his state license to practice osteopathic medicine. The 
order also notified the Respondent that, should no request for a 
hearing be filed within 30 days, the hearing right would be deemed 
waived. The order was mailed by certified mail, and a signed return 
receipt dated February 7, 1996, was received by the DEA. However, no 
request for a hearing or any other reply was received by the DEA from 
the Respondent or anyone purporting to represent him in this matter. 
Subsequently, on March 28, 1996, the investigative file was transmitted 
to the Deputy Administrator for final agency action.
    Therefore, the Deputy Administrator, finding that (1) more than 
thirty days have passed since the issuance of the Order to Show Cause, 
and (2) no request for a hearing has been received, concludes that the 
Respondent is deemed to have waived his hearing right. After 
considering relevant material from the investigative file in this 
matter, the Deputy Administrator now enters his final order without a 
hearing pursuant to 21 CFR 1301.54(e) and 1301.57.
    The Deputy Administrator finds that on November 19, 1994, the Board 
of Osteopathic Medical Examiners ordered the revocation of the 
Respondent's license to practice osteopathic medicine in the State of 
New Mexico, Further, on December 14, 1995, the New Mexico Board of 
Pharmacy notified the DEA that the Respondent did not have a controlled 
substance registration number. The Respondent has not submitted a 
statement or any evidence to dispute this information.
    The Drug Enforcement Administration cannot register or maintain the 
registration of a practitioner who is not duly authorized to handle 
controlled substances in the state in which he conduct his business. 
See 21 U.S.C. 823(f) (authorizing the Attorney General to register a 
practitioner to dispense controlled substances only if the applicant is 
authorized to dispense controlled substances under the laws of the 
state in which he or she practices); 802(21) (defining ``practitioner'' 
as one authorized by the United States or the state in which he or she 
practices to handle controlled substances in the course of professional 
practice or research); and 21 U.S.C. 824(a)(3) (authorizing the 
Attorney General to revoke a registration upon a finding that the 
registrant ``has had his State license or registration suspended, 
revoked, or denied by competent State authority and is no longer 
authorized by State law to engage in . . . dispensing of controlled 
substances. . .''). This prerequisite has been consistently upheld. See 
Dominick A. Ricci, M.D., 58 FR 51,104 (1993); James H. Nickens, M.D., 
57 FR 59,847 (1992); Roy E. Hardman, M.D., 57 FR 49,195 (1992); Myong 
S. Yi, M.D., 54 FR 30,618 (1989); Bobby Watts, M.D., 53 FR 11,919 
(1988).
    Here, it is clear and undisputed that the Respondent currently is 
not authorized to handle controlled substances in New Mexico, Likewise, 
since the Respondent lacks state authority to handle controlled 
substances, DEA lacks authority to continue his registration.
    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 C.F.R. 0.100(b) and 0.104, hereby orders that DEA 
Certificate of Registration, AS3251814, previously issued to Donald E. 
Stoops, D.O., be, and it hereby is, revoked, and any pending 
application for renewal of such registration is hereby denied. This 
order is effective September 9, 1996.

    Dated: August 2, 1996.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 96-20360 Filed 8-8-96; 8:45 am]
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