[Federal Register Volume 66, Number 202 (Thursday, October 18, 2001)]
[Notices]
[Pages 52940-52941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26190]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


George Samuel Kouns, D.O.; Revocation of Registration

    On April 28, 2000, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
amended Order to Show Cause (OTSC) by certified mail to George Samuel 
Kouns, D.O., notifying him of an opportunity to show cause as to why 
the DEA should not revoke his DEA Certificate of Registration, 
AK8923496, pursuant to 21 U.S.C. 823(f) and 21 U.S.C. 824(a) (2), (3), 
and (4), on the grounds that Dr. Kouns is no longer authorized to 
handle controlled substances in Indiana, the State in which Dr. Kouns 
is currently registered with DEA. The amended OTSC also stated that Dr. 
Kouns' request to modify his registration address from Indiana to 
Alabama should be denied pursuant to 21 U.S.C. 823(f) and 21 U.S.C. 
824(a)(4), because Dr. Kouns is not authorized to handle controlled 
substances in Alabama. The amended OTSC also alleged that Dr. Kouns' 
DEA registration should be revoked and his request for modification 
denied because on March 23, 1998, he was convicted of a felony relating 
to controlled substances in the Union County Circuit Court of the State 
of Indiana. The amended OTSC also notified Dr. Kouns that should not 
request for hearing be filed within 30 days, his right to a hearing 
would be deemed waived.
    On May 2, 2000, the amended OTSC was sent to Dr. Kouns at the 
address at which he sought to have his DEA registration modified, and 
also to his last known address in Alabama. Subsequently, DEA received a 
postal receipt dated May 26, 2000, and signed on behalf of Dr. Kouns, 
indicating the amended OTSC was received.
    DEA has received no request for a hearing nor other response from 
Dr. Kouns nor anyone purporting to represent him in this matter. 
Therefore, the Administrator, finding that (1) 30 days having passed 
since the receipt of the Order to Show Cause, and (2) no request for a 
hearing having been received, concludes that Dr. Kouns is deemed to 
have waived his right to a hearing. Following a complete review of the 
investigative file in this matter, the Administrator now enters his 
final order without a hearing pursuant to 21 CFR 1301.43 9d) and (e), 
and 1301.46.
    The Administrator finds as follows. Dr. Kouns currently possesses 
DEA Certificate of Registration AK8923496, issued to him in Indiana. On 
or about March 23, 1998, pursuant to a plea agreement Dr. Kouns pleaded 
guilty to 15 felony counts of Issuing Unlawful Prescriptions, including 
controlled substance prescriptions. Also pursuant to the plea 
agreement, Dr. Kouns agreed to (1) pay a $5,000 fine and (2) to not 
practice medicine in Indiana, to surrender any licensure to practice 
medicine in Indiana, and not to reapply for medical licensure in 
Indiana. By Order dated May 12, 1998, the Union County Circuit Court 
sentenced Dr. Kouns to 15 consecutive years in prison, which term was 
suspended, and placed Dr. Kouns on probation for 15 years.
    Based on the felony convictions, the Indiana Medical Licensing 
Board revoked Dr. Kouns license to practice medicine in Indiana by 
Order dated August 31, 1998. On or about September 18, 1998, the 
Controlled Substance Advisory Committee and the Indiana Board of 
Pharmacy issued a Final Order denying Dr. Kouns' application for a 
controlled substances registration. There is no evidence in the 
investigative file indicating that Dr. Kouns has regained authority to 
handle controlled substances in the State of Indiana.
    The Administrator further finds that on or about January 14, 1999, 
the Alabama Medical Licensure Commission issued an Order revoking Dr. 
Kouns' license to practice medicine in the State of Alabama based upon 
(1) Dr. Kouns' controlled substances-related felonies in the State of 
Indiana, and (2) the subsequent disciplinary action taken against Dr. 
Kouns by the Indiana State authorities. There is no evidence in the 
file indicating that Dr. Kouns has regained authority to handle 
controlled substances in the State of Alabama.
    In addition, the Administrator finds substantial evidence in the 
investigative file that Dr. Kouns' license to practice medicine in Ohio 
expired September 30, 1998, due to non-payment of renewal fees, and as 
of this date, there is no evidence in the investigative file to 
conclude that his Ohio medical license has been reinstated.
    Therefore, the Administrator concludes that Dr. Kouns is not 
currently licensed or authorized to handle controlled substances in 
either Alabama, Indiana, or Ohio.
    The DEA does not have the statutory authority pursuant to the 
Controlled Substances Act to issue or to maintain

[[Page 52941]]

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 50,570 (2000); 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).
    In the instant case, the Administrator finds the Government has 
presented evidence demonstrating that Dr. Kouns is not authorized to 
practice medicine or to handle controlled substances in Indiana, the 
jurisdiction where Dr. Kouns' DEA Certificate of Registration is 
issued, nor to practice medicine in Alabama, the jurisdiction where Dr. 
Kouns seeks to have his DEA Certificate of Registration modified, nor 
in Ohio, where his State medical license has expired. Therefore, the 
Administrator concludes that Dr. Kouns is also not authorized to handle 
controlled substances in Alabama, Indiana, or Ohio.
    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 AK8923496 previously issued to George 
Samuel Kouns, D.O., 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 19, 2001.

    Dated: October 10, 2001.
Asa Hutchinson,
Administrator.
[FR Doc. 01-26190 Filed 10-17-01; 8:45 am]
BILLING CODE 4410-09-M