[Federal Register Volume 67, Number 97 (Monday, May 20, 2002)]
[Notices]
[Page 35585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12491]



[[Page 35585]]

-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Winthrop C. Davis, 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 Winthrop C. Davis, 
M.D., notifying him of an opportunity to show cause as to why the DEA 
should not revoke his DEA Certificate of Registration, BD3685053, 
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. Davis was not authorized by the State of Florida to 
practice medicine. The order also notified Dr. Davis 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. Davis at his DEA registered premises in 
Fort Lauderdale, Florida. The OTSC was returned, marked ``Unclaimed.'' 
An Andalusia, Alabama forwarding address was written on the envelope. 
Through the assistance of Alabama State law enforcement authorities, 
copies of the OTSC were delivered to Dr. Davis and his legal counsel in 
Andalusia, Alabama, on or about September 7, 2001. To date, no response 
has been received from Dr. Davis 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. Davis 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 o 
21 CFR 1301.43(d) and (e), and 1301.46.
    The Deputy Administrator finds as follows. Dr. Davis currently 
possesses DEA Certificate of Registration BD3685053, issued to him in 
Florida. By Order of Emergency Suspension of License, dated November 
15, 2000, the State of Florida, Department of Health, suspended Dr. 
Davis' medical license, finding that Dr. Davis posed a danger to the 
health, safety and welfare of the public, in that Dr. Davis was unable 
to practice medicine as a physician with reasonable skill and safety 
because of untreated major depression and chronic relapsing substance 
abuse. In addition, the Florida Department of Health found Dr. Davis 
unwilling to cooperate with the Physicians Recovery Network, and that 
he failed to follow the recommendations of the Network. The 
investigative file further reveals Dr. Davis apparently has abandoned 
his DEA registered premises in Fort Lauderdale, Florida for a last 
known address in Andalusia, Alabama, approximately 625 miles away in a 
state in which Dr. Davis does not possess a license to practice.
    On January 10, 2001, Dr. Davis was arrested by the Covington County 
Police Department, Andalusia, Alabama, and charged with Possession of a 
Controlled Substance. At the time of his arrest, Dr. Davis was observed 
to be driving erratically, and he refused to stop until law enforcement 
personnel forced him using a rolling roadblock. Four tablets of 
Carisoprodol (Soma), a Schedule IV controlled substance under Alabama 
State law, were found on Dr. Davis' person, and a search of the vehicle 
revealed two prescription bottles, in the name of another individual, 
containing another 109 additional Soma tablets. Dr. Davis did not 
possess a prescription for Soma. In addition, two Soma prescriptions 
found in the vehicle were written by Dr. Davis at a time when his 
Florida State medical license was suspended.
    The investigative file contains no evidence that the Emergency 
Suspension of Dr. Davis' medical license has been lifted.
    Therefore, the Deputy Administrator concludes that Dr. Davis is not 
currently licensed or authorized to handle controlled substances in 
Florida. Nor does the investigative file contain any evidence that 
Dr.Davis is authorized to practice medicine or handle controlled 
substances in Alabama.
    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 prereequisite has been consistently upheld 
in prior DEA cases. See Graham Travers Schuler, M.D., 65 FR 50,570 
(2000); 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. Davis is not authorized 
to practice medicine in Florida, and therefore, the Deputy 
Administrator infers that Dr. Davis is also not authorized to handle 
controlled substances in Florida, the State in which he holds his DEA 
Certificate of Registration.
    In addition, the Deputy Administrator also finds pursuant to 21 
U.S.C. 824(a)(4) that Dr. Davis has committed acts that render his 
registration inconsistent with the public interest, as determined 
pursuant to 21 U.S.C. 823(f). All five of the public interest factors 
are adversely implicated by the conduct of Dr. Davis described above.
    Accordingly, the 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 the DEA 
Certificate of Registration BD 3685053, previously issued to Winthrop 
C. Davis, 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. 02-12491 Filed 5-17-02; 8:45 am]
BILLING CODE 4410-09-M