[Federal Register Volume 62, Number 152 (Thursday, August 7, 1997)]
[Notices]
[Pages 42594-42595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20786]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Drug Enforcement Administration


David Golden, M.D.; Suspension of Registration

    On August 21, 1996, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to David L. Golden, M.D., of New Orleans, 
Louisiana, notifying him of an opportunity to show cause as to why DEA 
should not revoke his DEA Certificates of Registration, BG3086306 and 
BG3039218, under 21 U.S.C. 824(a)(3), and deny any pending applications 
for 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 Louisiana. The order also notified Dr. 
Golden that should no request for a hearing be filed within 30 days, 
his hearing right would be deemed waived.
    The Order to Show Cause was sent to both of Dr. Golden's registered 
locations, as well as to an address where he had applied for a DEA 
registration. All of these orders were returned to DEA unclaimed. DEA 
investigators then attempted to personally serve Dr. Golden with the 
Order to Show Cause. Both of Dr. Golden's registered locations were 
abandoned buildings. The address indicated on Dr. Golden's application 
for registration was the location of someone else's office. The 
investigators went to the address listed on the driver's license of a 
woman believed to be Dr. Golden's wife and were told that the Goldens 
had moved the week before. The investigators then went to the address 
listed on Dr. Golden's driver's license, which is also the last home 
address that the Louisiana State Board of Medical Examiners had for Dr. 
Golden. This location appeared to be abandoned. The mailman confirmed 
that no one was currently living at the address, but that mail was 
still delivered there and picked up about once a month. The 
investigators then left a copy of the Order to Show Cause in the 
mailbox at that location.
    DEA ultimately received a letter from Dr. Golden dated June 25, 
1997, indicating that he had received the Order to Show Cause, and 
asking that all correspondence be mailed to a post office box. Dr. 
Golden did not request a hearing on the issues raised by the Order to 
Show Cause.
    The Acting Deputy Administrator finds that based upon Dr. Golden's 
June 25, 1997 letter, it is clear that Dr. Golden received the Order to 
Show Cause, however, he did not request a hearing. Therefore, Dr. 
Golden is deemed to have waived his right to a hearing. 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 CFR 1301.43 (d) and (e) and 1301.46.
    The Acting Deputy Administrator finds that by a Decision dated 
August 25, 1995, the Louisiana State Board of Medical Examiners 
suspended Dr. Golden's license to practice medicine for two years 
beginning on September 1,

[[Page 42595]]

1995, based upon a finding of medical incompetency and a finding of 
continuing or recurring medical practice which fails to satisfy the 
prevailing and usually accepted standards of medical practice in the 
State of Louisiana. The Acting Deputy Administrator finds that in light 
of the fact that Dr. Golden is not currently licensed to practice 
medicine in the State of Louisiana, 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 Romeo J. Perez, M.D., 62 FR 16193 (1997); Demetris A. Green, M.D., 
61 FR 60728 (1996); Dominick A. Ricci, M.D., 58 FR 51104 (1993).
    Dr. Golden did not dispute that he is not authorized to handle 
controlled substances in Louisiana. Therefore, in light of his lack of 
authorization in Louisiana, Dr. Golden is not entitled to a DEA 
registration in that state. However, the Acting Deputy Administrator 
finds that revocation of Dr. Golden's registrations is not appropriate. 
The suspension of Dr. Golden's state privileges expires on September 1, 
1997, and presumably at that time he will be authorized to handle 
controlled substances in the State of Louisiana. Given that his state 
suspension was not based upon his handling of controlled substances and 
that his privileges will be reinstated in approximately one month, the 
Acting Deputy Administrator concludes that Dr. Golden's DEA 
registrations should be suspended until such time as his state 
privileges are reinstated.
    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 Certificates of Registration, BG3086306 and BG3039218, previously 
issued to David Golden, M.D., be, and they hereby are, suspended until 
his state license to practice medicine in Louisiana is reinstated and 
he is thereby authorized to handle controlled substances in that state. 
The suspension shall remain in effect until the DEA office in New 
Orleans receives notification from Dr. Golden that his state privileges 
have been reinstated. Regarding any pending applications for 
registration submitted by David Golden, M.D., the Acting Deputy 
Administrator orders that these applications shall be granted upon 
DEA's receipt of notification from Dr. Golden that his state privileges 
have been reinstated and that he still desires to be registered at the 
address listed on the application. This order is effective August 7, 
1997.

    Dated: August 1, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-20786 Filed 8-6-97; 8:45 am]
BILLING CODE 4410-09-M