[Federal Register Volume 63, Number 159 (Tuesday, August 18, 1998)]
[Notices]
[Pages 44277-44278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22096]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


G. Wayman Blakely, Jr., M.D.; Revocation of Registration

    On January 8, 1998, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to G. Wayman Blakely, Jr., M.D.\1\ notifying him of 
an opportunity to show cause as to why DEA should not revoke his DEA 
Certificate of Registration, AB7704871, pursuant to 21 U.S.C. 824(a)(4) 
and deny any pending applications for the renewal of such registration 
as a practitioner under 21 U.S.C. 823(f), for reason that his continued 
registration would be inconsistent with the public interest. The order 
also notified Dr. Blakely that should no request for a hearing be filed 
within 30 days, his hearing right would be deemed waived.
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    \1\ The Order to Show Cause was actually issued in the name of 
Waymon G. Blakely, M.D., however evidence before the Acting Deputy 
Administrator indicates that the name listed on the DEA Certificate 
of Registration at issue is G. Wayman Blakely, Jr., M.D. The Order 
to Show Cause was sent to the address listed in DEA's records for 
Dr. Blakely. Therefore, the Acting Deputy Administrator is confident 
that notwithstanding the incorrect name on the Order to Show Cause, 
Dr. Blakely received proper service of the Order to Show Cause.
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    The DEA received a signed receipt indicating that the order was 
received on January 14, 1998. No request for a hearing or any other 
reply was recceived by the DEA from Dr. Blakely 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 haveing 
been received, concludes that Dr. Blakely is deemed to have waived his 
hearing right. After considering 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 Administator finds that on July 25, 1994, Los 
Angeles police officers observed Dr. Blakely participating in what 
appeared to be a drug transaction. During a subsequent stop of his 
vehicle, the officers observed crack cocaine. Dr. Blakely was arrested 
and charged with possession of a controlled substance in violation of 
California Health and Safety Code, section 11350(a). On August 26, 
1994, the charge against Dr. Blakely was diverted and he was placed on 
probation for 24 months. On or about May 29, 1996, the case against Dr. 
Blakely was dismissed.
    The Acting Deputy Administrator further finds that between May 21, 
1990 and August 25, 1994, Dr. Blakely prescribed over 11,000 dosage 
units of controlled substances to his friend/roommate for no legitimate 
medical purpose. As a result, Dr. Blakely was charged in the Municipal 
Court for the County of Los Angeles with 10 counts of the unlawful 
prescribing of a controlled substance and 5 counts of obtaining a 
controlled substance by fraud. On May 30, 1995, Dr. Blakely pled nolo 
contendere to three misdeameanor counts. The imposition of sentence was 
suspended and Dr. Blakely was placed on probation for 36 months, 
ordered to perform 200 hours of community service within one year, and 
fined $10,000.
    In addition, the Acting Deputy Administrator finds that by a 
Decision effective February 28, 1997, the Medical Board of California 
adopted a Stipulated Settlement and Disciplinary Order whereby Dr. 
Blakely's physician's and surgeon's certificate was revoked. However, 
the revocation was stayed and Dr. Blakely was placed on probation for 
seven years, during which time he is prohibited from handling Schedule 
II controlled substances, except he may prescribe dextroamphetamine and 
methylphenidate. As to all other controlled substances, Dr. Blakely is 
limited to prescribing only. He must maintain a log of his prescribing 
and must abstain from the personal use or possession of any controlled 
substance unless prescribed by another practitioner for a bona fide 
illness or condition. Additionally, Dr. Blakely must submit to 
biological fluid testing and must take continuing medical education 
courses including one in the proper prescribing of controlled 
substances.
    Pursuant to 21 U.S.C. 823(f) and 824(a)(4), the Deputy 
Administrator may revoke a DEA Certificate of Registration and deny any 
pending application for renewal of such registration if he determines 
that the registration would be inconsistent with the public interest. 
In determining the public interest, the following factors are 
considered:
    (1) The recommendation of the appropriate State licensing board or 
professional disciplinary authority.
    (2) The applicant's experience in dispensing, or conducting 
research with respect to controlled substances.
    (3) The applicant's conviction record under Federal or State laws 
relating to the manufacture, distribution, or dispensing of controlled 
substances.

[[Page 44278]]

    (4) Compliance with applicable State, Federal, or local laws 
relating to controlled substances.
    (5) Such other conduct which may threaten the public health and 
safety.
    These factors are to be considered in the disjunctive, the Deputy 
Administrator may rely on any one or a combination of factors and may 
give each factor the weight he deems appropriate in determining whether 
a registration should be revoked or an application for registration be 
denied See Henry J. Schwarz, Jr., M.D., 54 FR 16,422 (1989).
    Regarding factor one, the Medical Board of California severely 
restricted Dr. Blakely's ability to handle controlled substances. Dr. 
Blakely's physician's and surgeon's certificate was revoked, but the 
revocation was stayed and he was placed on probation until February 
2004.
    As to factors two and four, Dr. Blakely issued over 400 controlled 
substance prescriptions for a total of more than 11,000 dosage units to 
his friend/roommate for no legitimate medical purpose in violation of 
state law and 21 U.S.C. 841(a)(1) and 21 CFR 1306.04.
    Regarding factor three, Dr. Blakely was convicted in May 1995 of 
three misdemeanor counts involving the improper dispensing of 
controlled substances.
    Finally under factor five, such other conduct which may threaten 
the public health and safety, the Acting Deputy Administrator considers 
Dr. Blakely's arrest for the unlawful possession of crack cocaine in 
1994.
    The Acting Deputy Administrator concludes that Dr. Blakely's 
continued registration would be inconsistent with the public interest. 
He diverted over 11,000 dosage units of controlled substances over a 
four-year period. In addition, he was arrested for possession of crack 
cocaine. Such conduct demonstrates a severe disregard for the 
tremendous responsibility that accompanies a DEA registration. Dr. 
Blakely did not respond to the Order to Show Cause and therefore did 
not offer any explanation or mitigating evidence regarding his 
misconduct.
    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 AB7704871, previously issued to G. 
Wayman Blakely, Jr., 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 September 17, 1998.

    Dated: August 11, 1998.
Donnie R. Marshall,
Acting Deputy Administrator.
[FR Doc. 98-22096 Filed 8-17-98; 8:45 am]
BILLING CODE 4410-09-M