[Federal Register Volume 64, Number 62 (Thursday, April 1, 1999)]
[Notices]
[Pages 15805-15806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7931]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Michael W. Dietz, D.D.S., Revocation of Registration

    On September 23, 1998, the Deputy Assistant Administrator, Office 
of Diversion Control, Drug Enforcement Administration (DEA) issued an 
Order to Show Cause to Michael W. Dietz, D.D.S. (Respondent) of 
Cookeville, Tennessee, notifying him of an opportunity to show cause as 
to why DEA should not revoke his DEA Certificate of Registration 
AD6561307 pursuant to 21 U.S.C. 824(a) (3) and (4), and deny any 
pending applications for renewal of such registration pursuant to 21 
U.S.C. 823(f). Specifically, the Order to Show Cause alleged that:

    ``1. [Dr. Dietz'] continued registration is inconsistent with 
the public interest, as that term is issued in 21 U.S.C. Sec. 823(f) 
and Sec. 824(a)(4), as evidenced by, but not limited to, the 
following:
    (a) On or about April 19, 1997, [Dr. Dietz] sold cocaine, a 
Schedule II controlled substance, to another person, and such sale 
was for no legitimate medical purpose and not in the usual course of 
[his] professional practice.
    (b) On or about April 26, 1997, [Dr. Dietz] again sold cocaine 
to the same person, and such sale was for no legitimate medical 
purpose and not in the usual course of [his] professional practice.
    (c) On or about May 7, 1997, [Dr. Dietz] and this same person 
used cocaine, and such use was for no legitimate medical practice 
and not in the usual course of [his] professional practice.
    (d) On or about May 9, 1997, [Dr. Dietz] agreed to sell and 
attempted to deliver cocaine to this same person, and such sale and 
attempted deliver were for no legitimate medical purpose and not in 
the usual course of [his] professional practice.
    2. On May 19, 1997, [Dr. Dietz was] indicted in the State of 
Tennessee, Putnam County, for two felony counts of unlawfully and 
knowingly selling cocaine, two felony counts of unlawfully and 
knowingly delivering cocaine, two felony counts of unlawfully and 
knowingly possessing cocaine with the intent to sell or deliver 
cocaine, two felony counts of unlawfully and knowingly conspiring to 
sell cocaine and one felony count of unlawfully and knowingly 
conspiring to possess cocaine with the intent to sell or deliver 
such cocaine. These criminal charges were based upon the allegations 
enumerated above.
    3. Based upon the above events, the State of Tennessee, 
Department of Health, Tennessee Board of Dentistry, revoked [Dr. 
Dietz'] dental license, effective May 19, 1997. As a result, [Dr. 
Dietz is] no longer authorized by State law to handle controlled 
substances in the state in which [he is] registered with DEA. 21 
U.S.C. Sec. 824(a)(3).

    By letter dated October 15, 1998, Respondent waived his opportunity 
for a hearing and submitted a written statement regarding his position 
on the issues raised in the Order to Show Cause. Therefore, the Deputy 
Administrator finds that Respondent has waived his opportunity for a 
hearing and hereby enters his final order in this matter based upon the 
investigative file and Respondent's written statement pursuant to 21 
CFR 1301.43 (c) and (e) and 1301.46.
    The Deputy Administrator finds that in an Order effective May 27, 
1998, the State of Tennessee, Department of Health, Board of Dentistry 
(Board) revoked indefinitely Respondent's license to practice 
dentistry.\1\ In his letter dated October 15, 1998, Respondent stated 
that ``as a result of the actions taken by the Tennessee Board of 
Dentistry, I do not require a DEA Certificate of Registration at this 
time. I respectfully request a suspension of my Registration until re-
licensure occurs. Respondent further stated that he ``fully expect[s] 
re-instatement of my dental license during the spring [Board] meeting 
of 1999.''
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    \1\ The Deputy Administrator can find no Board order revoking 
Respondent's dental license effective May 19, 1997, as alleged in 
the Order to Show Cause.
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    The Deputy Administrator finds that based upon the record before 
him, Respondent is not currently licensed to

[[Page 15806]]

practice dentistry in the State of Tennessee and therefore, 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 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 60,728 (1996); Dominick 
A. Ricci, M.D., 58 FR 51104 (1993).
    While Respondent indicates that he expects reinstatement of his 
Tennessee dental license in the near future, this is merely speculation 
at this point in time and there is nothing in the record from the Board 
to indicate that Respondent's license will in fact be reinstated. The 
Deputy Administrator finds that it is clear that Respondent is not 
currently authorized to handle controlled substances in the State of 
Tennessee. As a result, Respondent is not entitled to a DEA 
registration in that state.
    Since Respondent's DEA registration cannot be maintained in 
Tennessee based upon his lack of state authorization to handle 
controlled substances, the Deputy Administrator finds that it is 
unnecessary to determine whether Respondent's continued registration 
would be inconsistent with the public interest as alleged in the Order 
to Show Cause.
    Accordingly, the Deputy Administrator of the Drug Enforcement 
Administration, pursuant to the authority vested in him by 21 U.S.C. 
823 and 824 CFR 0.100(b) and 0.104, hereby orders that DEA Certificate 
of Registration AD6561307, previously issued to Michael Wayne Dietz, 
D.D.S., be, and it hereby is, revoked. The 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 3, 1999.

    Dated: March 15, 1999.
Donnie R. Marshall,
Deputy Administrator.
[FR Doc. 99-7931 Filed 3-31-99; 8:45 am]
BILLING CODE 4410-09-M