[Federal Register Volume 62, Number 77 (Tuesday, April 22, 1997)]
[Notices]
[Page 19603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10372]



[[Page 19603]]

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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Eustance F. Douglas, M.D.; Revocation of Registration

    On July 22, 1996, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Eustance F. Douglas, M.D., of Racine, Wisconsin, 
notifying him of an opportunity to show cause as to why DEA should not 
revoke his DEA Certificate of Registration, AD2704256, under 21 U.S.C. 
824(a)(3), and deny any pending applications for renewal of such 
registration as a practitioner pursuant to 21 U.S.C. 823(f), for reason 
that he is not currently authorized to handle controlled substances in 
the State of Wisconsin. The order also notified Dr. Douglas that should 
no request for a hearing be filed within 30 days, his hearing right 
would be deemed waived.
    The DEA received a signed receipt indicating that the order was 
received by Dr. Douglas on July 27, 1996. No request for a hearing or 
any other reply was received by the DEA from Dr. Douglas or anyone 
purporting to represent him in this matter. Therefore, the Acting 
Deputy Administrator, finding that (1) 30 days have passed since the 
receipt of the Order to Show Cause, and (2) no request for a hearing 
having been received, concludes that Dr. Douglas is deemed to have 
waived his hearing right. After considering the relevant materials from 
the investigative file in the matter, the Acting Deputy Administrator 
now enters his final order without a hearing pursuant to 21 C.F.R. 
1301.54(e) and 1301.57.
    The Acting Deputy Administrator finds that by a Final Decision and 
Order dated August 25, 1993, the Wisconsin Medical Examining Board 
accepted Dr. Douglas's surrender of his Wisconsin license to practice 
medicine and surgery effective August 31, 1993. The Acting Deputy 
Administrator finds that in light of the fact that Dr. Douglas is not 
current licensed to practice medicine in the State of Wisconsin, it is 
reasonable to infer that he is not currently authorized to handle 
controlled substances in that state.
    The DEA does not have 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 
in the state in which he conducts his business. 21 U.S.C. 802(21), 
823(f) and 824(a)(3). This prerequisite has been consistently upheld. 
See Dominick A. Ricci, M.D., 58 F.R. 51,104 (1993); James H. Nickens, 
M.D., 57 F.R. 59,847 (1992); Roy E. Hardman, M.D., 57 F.R. 49,195 
(1992).
    Here, it is clear that Dr. Douglas is not currently authorized to 
handle controlled substances in the State of Wisconsin. Therefore, Dr. 
Douglas is not entitled to a DEA registration in that state.
    Accordingly, the Acting 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 AD2704256, previously issued to 
Eustance F. Douglas, M.D., be, and it hereby is, revoked. The Acting 
Deputy Administrator further orders that any pending applications for 
the renewal of such registration, be, and they hereby are, denied. This 
order is effective May 22, 1997.

    Dated: April 8, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-10372 Filed 4-21-97; 8:45 am]
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