[Federal Register Volume 67, Number 97 (Monday, May 20, 2002)]
[Notices]
[Pages 35583-35584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12490]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Byron L. Aucoin, M.D.; Revocation of Registration

    On June 29, 2001, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause (OTSC) by certified mail to Byron L. Aucoin, M.D., 
notifying him of an opportunity to show cause as to why the DEA should 
not revoke his DEA Certificate of Registration, BA5204817, pursuant to 
21 U.S.C. 824(a)(3), and deny any pending applications for renewal of 
such registration pursuant to 21 U.S.C. 823(f), on the grounds that Dr. 
Aucoin was not authorized by the State of Louisiana to handle 
controlled substances. The order also notified Dr. Aucoin that should 
no request for hearing be filed within 30 days, his right to a hearing 
would be deemed waived.
    The OTSC was sent to Dr. Aucoin at his DEA registered premises in 
Shreveport, Louisiana. A postal delivery receipt was signed July 12, 
2001, on behalf of Dr. Aucoin, indicating the OTSC was received. To 
date, no response has been received from Dr. Aucoin nor anyone 
purporting to represent him.
    Therefore, the Deputy 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. Aucoin 
is deemed to have waived his right to a hearing. Following a complete 
review of the investigative file in this matter, the Deputy 
Administrator now enters his final order without a hearing pursuant to 
21 CFR 130.143(d) and (e), and 1301.46.
    The Deputy Administrator finds as follows: Dr. Aucoin currently 
possesses DEA Certificate of Registration BA5204817, issued to him in 
Louisiana. In a letter dated October 30, 2000, the Louisiana State 
Board of Medical Examiners (Board) notified the DEA New Orleans Field 
Division that Dr. Aucoin had entered into a Stipulation and Agreement 
for Voluntary Surrender of his medical license, effective September 27, 
2000. Subsequent to his failure to attend a hearing set by the Board to 
address charges of misconduct, Dr. Aucoin informed the Board that he 
wished to permanently retire from the practice of medicine in Louisiana 
by voluntarily surrendering his medical license. The investigative file 
contains no evidence that Dr. Aucoin's medical license has been 
reinstated. Therefore, the Deputy Administrator concludes that Dr. 
Aucoin is not currently licensed or authorized to handle controlled 
substances in Louisiana.
    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 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 Deputy Administrator finds the Government 
has presented evidence demonstrating that Dr. Aucoin is not authorized 
to practice medicine in Louisiana, and therefore, the Deputy 
Administrator infers that Dr. Aucoin is also not authorized to handle 
controlled substances in Louisiana, the state in which he holds his DES 
Certificate of Registration.
    Accordingly, the Deputy Administrator of the Drug Enforcement 
Administration, pursuant to the authority vested in him by 21 U.S.C. 
823

[[Page 35584]]

and 824 and 28 CFR 0.100(b) and 0.104, hereby orders that the DEA 
Certificate of Registration BA5204817, previously issued to Byron L. 
Aucoin, M.D., be, and it hereby is, revoked. The Deputy Administrator 
hereby further orders that any pending applications for renewal or 
modification of said registration be, and hereby are, denied. This 
order is effective June 19, 2002.

    Dated: May 6, 2002.
John B. Brown, III,
Deputy Administrator.
[FR Doc. 02-12490 Filed 5-17-02; 8:45 am]
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