[Federal Register Volume 62, Number 104 (Friday, May 30, 1997)]
[Notices]
[Pages 29368-29369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14113]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Greer H. Ricketson, M.D.; Revocation of Registration

    On December 19, 1996, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA) issued an 
Order to Show Cause to Greer H. Ricketson, M.D., of Alexandria, 
Louisiana, notifying him of an opportunity to show cause as to why DEA 
should not revoke his DEA Certificate of Registration, BR4331067, under 
21 U.S.C. 824(a), and deny any pending applications for registration 
pursuant to 21 U.S.C. 823(f), for reason that he is not authorized to 
handle controlled substances in the State of Louisiana, and his 
continued registration would be inconsistent with the public interest. 
The Order to Show Cause specifically alleged that:
    ``(1) During an investigation of [his] practice conducted by the 
Louisiana State Police, [he] wrote the following prescriptions for 
controlled substances without a legitimate medical purpose for an 
undercover law enforcement officer . . .:
    a. On February 28, 1996 for Tenuate, a Schedule IV controlled 
substance;
    b. On March 21, 1996 for Ionamin, a Schedule IV controlled 
substance;
    c. On March 29, 1996 for Roxicet, a Schedule II controlled 
substance;
    d. On April 15, 1996 for Roxicet.
    (2) On April 18, 1996, [he was] arrested for the above acts and 
charged with four counts of prescribing controlled substances without a 
legitimate medical purpose and not in the course of medical practice, 
all in violation of Louisiana law. Trial is pending in this criminal 
case.
    (3) Also based on [his] above conduct, the Louisiana State Board of 
Medical Examiners (``Board'') issued a decision on October 8, 1996 that 
immediately revoked [his] license to practice medicine. The Board 
concluded, after having heard [his] testimony and that of [the 
undercover officer]:

    It is clear that [you] made absolutely no effort to ascertain 
the physical condition of [the undercover officer] and that [you] 
prescribed controlled substances without justification and merely 
because [you were]

[[Page 29369]]

asked to do so. In so doing, [you] disregarded, not only the 
practical contraindications, but also the most basic tenets and 
ethics of our profession. [You have] convincingly demonstrated, by 
[your] professional conduct, and [your] conduct during the hearing, 
[your] unfitness for the practice of medicine.

    As a result of the Board's decision, [he is] without authority to 
handle controlled substances in the State of Louisiana.''
    The Order to Show Cause also notified Dr. Ricketson 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 Dr. 
Ricketson received the order on December 27, 1996. No request for a 
hearing or any other reply was received by the DEA from Dr. Ricketson 
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. Ricketson is deemed to 
have waived his hearing right. After considering the relevant material 
from the investigative file in this matter, the Acting Deputy 
Administrator now enters his final order without a hearing pursuant to 
21 C.F.R. 1301.43(d) and (e) and 1301.46.
    The Acting Deputy Administrator finds that on October 8, 1996, the 
Louisiana State Board of Medical Examiners issued a decision 
immediately revoking Dr. Ricketson's license to practice medicine in 
the State of Louisiana based upon his prescribing of controlled 
substances to an undercover law enforcement officer without 
justification. The Acting Deputy Administrator finds that since Dr. 
Ricketson is not currently authorized to practice medicine in the State 
of Louisiana, it is reasonable to infer that he is not 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 Romeo J. Perez, M.D., 62 FR 16,193 (1997); Demetris A. Green, M.D., 
61 FR 60,728 (1996); Dominick A. Ricci, M.D., 58 FR 51,104 (1993).
    Here, it is clear that Dr. Ricketson is not currently authorized to 
handle controlled substances in the State of Louisiana, where he is 
registered with DEA. Therefore, he is not entitled to maintain that 
registration. Because Dr. Ricketson is not entitled to a DEA 
registration in Louisiana due to his lack of state authorization to 
handle controlled substances, the Acting Deputy Administrator concludes 
that it is unnecessary to address whether Dr. Ricketson's continued 
registration would be inconsistent with the public interest, as alleged 
in the Order to Show Cause.
    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 CFR 0.100(b) and 0.104, hereby orders that 
DEA Certificate of Registration, BR4331067, 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 June 30, 1997.

    Dated: May 21, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-14113 Filed 5-29-97; 8:45 am]
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