[Federal Register Volume 66, Number 202 (Thursday, October 18, 2001)]
[Notices]
[Pages 52944-52945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26185]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


In the Matter of James Jay Rodriguez, M.D.; Revocation of 
Registration

    On or about October 31, 2000, the Deputy Assistant Administrator, 
Office of Diversion Control, Drug Enforcement Administration (DEA), 
issued an Order to Show Cause (OTSC) by certified mail to James Jay 
Rodriguez, M.D., 156 South Second Street, Selmer, Tennessee 38375, 
notifying him of an opportunity to show cause as to why the DEA should 
not revoke his DEA Certificate of Registration, BR4717370, pursuant to 
21 U.S.C. 824(a)(3), and deny any pending applications for renewal of 
said registration, pursuant to 21 U.S.C. 824(a)(4) and 823(f), for the 
reason that, on December 20, 1999, the Tennessee Department of Health, 
Board of Medical Examiners (Board) issued an Order of Summary 
Suspension of License with respect to his state license to practice 
medicine. The order also notified Dr. Rodriguez that, should no request 
for hearing be filed within 30 days, the right to a hearing would be 
waived.
    The OTSC was received at Dr. Rodriguez's address November 24, 2000, 
as indicated by the signed postal return receipt. To date, no response 
has been

[[Page 52945]]

received from Dr. Rodriguez nor anyone purporting to represent him.
    Therefore, the Administrator of the DEA, finding that (1) thirty 
days having passed since receipt of the Order to Show Cause, and (2) no 
request for a hearing having been received, concludes that Dr. 
Rodriguez is deemed to have waived his right to a hearing. Following a 
complete review of the investigate file in this matter, the 
Administrator now enters his final order without a hearing pursuant to 
21 CFR 1301.43(d) and (e) and 1301.46 (2001).
    The Administrator finds as follows. In a hearing on December 17, 
1999, the Tennessee Department of Health, Board of Medical Examiners 
(Board), found inter alia that Dr. Rodriguez entered the Tennessee 
Medical Foundation on September 23, 1993, for the treatment of drug 
addiction; that Dr. Rodriguez left treatment March 4, 1994, against 
medical advice; that on June 1, 1994, the State Volunteer Insurance 
Company refused to renew Dr. Rodriguez's insurance, stating that he was 
a high risk because of his ongoing problems with alcohol; that in May 
1998 Dr. Rodriguez wrote a letter to DEA requesting that this agency 
revoke this Schedule II privileges, stating that it was ``difficult'' 
for him to distinguish which patients were actually in pain and which 
were not in pain and in actual need of medications; that on July 16, 
1999, Dr. Rodriguez was arrested on the charge of DUI, and the 
subsequent toxicology report indicated a blood alcohol level of .10% 
and trace amounts of phentermine, diazepam, nordiazepam, 
dihydrocodeinone, and trazodon; that on December 9, 1999, Tennessee 
State investigators interviewed Dr. Rodriguez at his office, and 
discovered him to be excessively physically nervous and mentally 
confused. The investigators further observed Dr. Rodriguez's office was 
in disarray, with large quantities of drugs observe, but not records 
available regarding the dispensing of drugs. The investigators found a 
similar state of disarray at Dr. Rodriguez's home. The Board concluded 
that the state investigators produced evidence of dangerous drugs with 
addictive effects, along with an open drug safe and a lack of records 
documenting the dispensing of such drug safe and a lack of records 
documenting the dispensing of such drugs. The Board specifically 
concluded that Dr. Rodriguez used dangerous drugs with addictive 
effects for his own addictions, as well as those of his patients.
    As a result of these findings, the Board summarily suspended Dr. 
Rodriguez's license to practice medicine in Tennessee. The 
investigative file contains no evidence that Dr. Rodriguez's license 
has been reinstated. Therefore, the Administrator concludes that Dr. 
Rodriguez is not currently authorized to practice medicine in 
Tennessee, the State in which he maintains his DEA Certificate of 
Registration.
    The DEA does not have the statutory authority pursuant to the 
Controlled Substances Act to issue or to maintain a registration if the 
applicant or registrant is without state authority to handle controlled 
substances in the state in which he or she practices. See 21 U.S.C. 
823(f), and 824(a)(3). This prerequisite has been consistently upheld 
in prior DEA cases. See Graham Travers Schuler, M.D., 65 FR 50570 
(2000); 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).
    In the instant case, the Administrator finds the Government has 
presented evidence demonstrating that Dr. Rodriguez is not authorized 
to practice medicine in Tennessee, and therefore, the Administrator 
infers that Dr. Rodriguez is also not authorized to handle controlled 
substances in Tennessee, the State in which he holds his DEA 
Certificate of Registration.
    Accordingly, the 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 the DEA 
Certificate of Registration BR4717370, previously issued to James Jay 
Rodriguez, M.D., be, and it hereby is, revoked. The Administrator 
hereby further orders that any pending applications for renewal or 
modification of said registration be and hereby are, denied. This order 
is effective November 16, 2001.

    Dated: October 10, 2001.
Asa Hutchinson,
Administrator.
[FR Doc. 01-26185 Filed 10-17-01; 8:45 am]
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