[Federal Register Volume 63, Number 39 (Friday, February 27, 1998)]
[Notices]
[Pages 10042-10043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4973]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Eric Jones, M.D.; Revocation of Registration; Denial of Request
To Modify Registration
On September 18, 1997, the Deputy Assistant Administrator, Office
of Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Eric E. Jones, M.D., (Respondent) of Atlanta,
Georgia, notifying him of an opportunity to show cause as to why DEA
should not revoke his DEA Certificate of Registration BJ2942440, deny
any pending applications for modification of his registration to change
his address to Georgia, and deny any pending applications for renewal
of such registration under 21 U.S.C. 823(f) and 824(a)(1) and (a)(3).
The Order to Show Cause alleged that Respondent materially falsified
his application for renewal of his DEA Certificate of Registration and
that he was not currently authorized to handle controlled substances in
the State of Georgia.
By letter dated December 15, 1997, Respondent waived his right to a
hearing, but submitted a written statement regarding this matter
pursuant to 21 CFR 1301.43(c). In addition, the Director of Morehouse
School of Medicine's Family Medicine Residency Program submitted a
letter in support of Respondent. The Acting Deputy Administrator hereby
enters his final order in this matter based upon the investigative file
and Respondent's written statement pursuant to 21 CFR 1301.43(e) and
1301.46.
The Acting Deputy Administrator finds that by final order dated
June 28, 1994, the Maryland Board of Physician Quality Assurance
(Maryland Board) suspended Respondent's license to practice medicine
for three years, but stayed the suspension and placed Respondent on
probation for a period of three years subject to various terms and
conditions. One reason for the Board's action was Respondent's failure
to disclose on his renewal application for his Maryland medical license
that his clinical privileges and employment at a local hospital had
been terminated for disciplinary reasons.
On March 6, 1995, Respondent executed an application for a new DEA
Certificate of Registration. The application was preprinted with an
address for Respondent in Los Angeles, California. Respondent had
crossed out that address and handwritten in an address in Washington,
D.C. The Acting Deputy Administrator considers this a request by
Respondent to modify his address on his registration to Washington,
D.C.
One question on the application, hereinafter referred to as ``the
liability question,'' asks, ``Has the applicant ever been convicted of
a crime in connection with controlled substances under State or Federal
law, or ever surrendered or had a Federal controlled substance
registration revoked, suspended, restricted or denied, or ever had a
State professional license or controlled substance registration
revoked, suspended, denied, restricted or placed on probation?''
Respondent answered ``no'' to this question.
On February 4, 1997, Respondent submitted a request to further
modify his registration by changing his address to a location in
Atlanta, Georgia. Respondent noted on this request that, ``I do not
hold a Georgia License.'' A letter from the Georgia Composite State
Board of Medical Examiners dated August 11, 1997, states that ``Eric E.
Jones is not now nor has he ever been licensed as a physician in the
State of Georgia.''
The Deputy Administrator may revoke or suspend a DEA Certificate of
Registration under 21 U.S.C. 824(a), upon a finding that the
registrant:
(1) Has materially falsified any application filed pursuant to or
required by this subchapter or subchapter II of this chapter;
(2) Has been convicted of a felony under this subchapter or
subchapter II of this chapter or any other law of the United States, or
of any State relating to any substance defined in this subchapter as a
controlled substance;
(3) Has had his State license or registration suspended, revoked,
or denied by component State authority and is no longer authorized by
State law to engage in the manufacturing, distribution, or dispensing
of controlled substances or has had the suspension, revocation, or
denial of his registration recommended by competent State authority;
(4) Has committed such acts as would render his registration under
section 823 of this title inconsistent with the public interest as
determined under such section; or
(5) Has been excluded (or directed to be excluded) from
participation in a program pursuant to section 1320a-7(a) of Title 42.
The Acting Deputy Administrator finds that Respondent is not
currently authorized to practice medicine in the State of Georgia,
where he wants to modify his DEA registration. Respondent, in his
written statement, concedes that he does not possess a Georgia medical
license. The Acting Deputy Administrator further finds that since
Respondent is not currently authorized to practice medicine in the
State of Georgia, it is reasonable to infer that he is not currently
authorized to handle controlled substances in that state.
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
in the state in
[[Page 10043]]
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 Respondent is not currently authorized to
handle controlled substances in the State of Georgia. Therefore,
Respondent is not entitled to a DEA registration in that state and his
request for modification of his registration to an address in Georgia
must be denied.
Regarding the revocation of Respondent's DEA Certificate of
Registration under 21 U.S.C. 824(a)(1), the Acting Deputy Administrator
finds that DEA has previously held that in finding that there has been
a material falsification of an application, it must be determined that
the applicant knew or should have known that the response given to the
liability question was false. See Bobby Watts, M.D., 58 FR 4699 (1993);
Herbert J. Robinson, M.D., 59 FR 6304 (1994).
Respondent states in his written statement that, ``the material
falsification of my application for DEA Certificate renewal was a grave
and profound error of ignorance of the facts concerning the nature of
the determination made by the Maryland Board. It was a serious error of
omission because I understood the three year probation as a `second
change' in this matter, and the stayed suspension as not equivalent, in
fact, to an outright suspension of my license. It was because of this
misunderstanding on my behalf that I did not include this information
on the DEA Certificate renewal application in March of 1995. I had no
intent to beguile or manipulate; profoundly I did not know or tru[sic]
understand.''
The Acting Deputy Administrator finds that Respondent's explanation
does not relieve him of his responsibility to properly answer the
liability question. The fact that Respondent viewed his being placed on
probation by the Maryland Board as ``a second change'' is irrelevant.
Respondent does not deny that he knew that his license was placed on
probation. Likewise, his contention that he did not understand is not
credible. Respondent knew or should have known that his Maryland
medical license was placed on probation for three years. Therefore, the
Acting Deputy Administrator concludes that by answering ``no'' to the
liability question, Respondent materially falsified his March 6, 1995
renewal application.
The Director of Morehouse School of Medicine's Family Medicine
Residency Program submitted a letter on behalf of Respondent, stating
that Respondent ``has always been very honest about his status with
licensing organizations.'' The Acting Deputy Administrator concludes
that the Director's support does not negate the fact that Respondent is
not currently authorized to handle controlled substances in Georgia or
that he materially falsified his application for renewal of his DEA
Certificate of Registration.
The Acting Deputy Administrator finds that since Respondent did not
offer any other explanation for the falsification of his application or
any mitigating evidence, revocation of Respondent's DEA Certificate of
Registration is warranted. Even if Respondent did not intentionally
falsify his application, his negative answer to the liability question
demonstrates a lack of attention to detail and carelessness, both of
which are of great concern to the Acting Deputy Administrator. This is
made even more troublesome by the fact that part of the basis for the
Maryland Board's action was that Respondent failed to disclose certain
information on his application for renewal of his medical license. If
anything, Respondent should have been even more careful in answering
questions on his applications.
Accordingly, the Acting Deputy Administrator of the Drug
Enforcement Administration, pursuant to the authority vested in his by
21 U.S.C. 823 and 824 and 28 CFR 0.100(b) and 0.104, hereby orders that
DEA Certificate of Registration BJ2942440, issued to Eric E. Jones,
M.D., be, and it hereby is, revoked. The Acting Deputy Administrator
furthers orders that Dr. Jones' request to modify his registration, and
any pending applications for renewal of such registration, be, and they
hereby are, denied. This order is effective March 30, 1998.
Dated: February 20, 1998.
Peter F. Gruden,
Acting Deputy Administrator.
[FR Doc. 98-4973 Filed 2-26-98; 8:45 am]
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