[Federal Register Volume 68, Number 49 (Thursday, March 13, 2003)]
[Notices]
[Pages 12103-12104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6102]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Richard J. Clement, M.D.; Revocation of Registration

    On November 19, 2002, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Richard J. Clement, M.D. (Dr. Clement) of Lake 
Charles, Louisiana, notifying him of an opportunity to show cause as to 
why DEA should not revoke his DEA Certificate of Registration AC3534814 
under 21 U.S.C. 824(a), and deny any

[[Page 12104]]

pending applications for renewal of that registration pursuant to 21 
U.S.C. 823(f). As a basis for revocation, the Order to Show Cause 
alleged that Dr. Clement is not currently authorized to practice 
medicine or handle controlled substances in the State of Louisiana, the 
state in which he practices. The order also notified Dr. Clement that 
should no request for a hearing be filed within 30 days, his hearing 
right would be deemed waived.
    The Order to Show Cause was sent by certified mail to Dr. Clement 
at his registered location in Lake Charles, Louisiana. DEA subsequently 
received a signed receipt notification indicating that the Order to 
Show Cause was received on behalf of Dr. Clement on November 29, 2002. 
DEA has not received a request for hearing or any other reply from Dr. 
Clement or anyone purporting to represent him in this matter. 
Therefore, the Deputy Administrator, finding that (1) 30 days have 
passed since the receipt of the Order to Show Cause, and (2) no request 
for a hearing having been received, concludes that Dr. Clement is 
deemed to have waived his hearing right. After considering material 
from the investigative file in this matter, the Deputy Administrator 
now enters his final order without a hearing pursuant to 21 CFR 
1301.43(d) and (e) and 1301.46.
    The Deputy Administrator finds that Dr. Clement currently possesses 
DEA Certificate of Registration AC3534814 and that registration remains 
valid until August 31, 2004. The Deputy Administrator further finds 
that by Opinion and Ruling dated July 31, 2002, the Louisiana State 
Board of Medical Examiners (Board) ordered the indefinite suspension of 
Dr. Clement's medical license. The suspension order arose out of Dr. 
Clement's refusal to undergo inpatient evaluation to ascertain whether 
he suffered from ``a psychiatric, neurologic (sic) or physical 
condition which render[ed] him incapable of practicing medicine with 
reasonable skill and safety to patients.''
    The investigative file contains no evidence that the Board's 
suspension order has been stayed or that Dr. Clement's medical license 
has been reinstated. Therefore, the Deputy Administrator finds that Dr. 
Clement is not currently authorized to practice medicine in the State 
of Louisiana. As a result, it is reasonable to infer that he is also 
without authorization to handle controlled substances in that state.
    DEA does not have 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 the state in which he conducts business. See 21 U.S.C. 
802(21), 823(f) and 824(a)(3). This prerequisite has been consistently 
upheld. See Ramona K. Morris, M.D., 67 FR 68687 (2002); Dominick A. 
Ricci, M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
    Here, it is clear that Dr. Clement's medical license has been 
indefinitely suspended, and as a result, he is not licensed to handle 
controlled substances in the State of Louisiana where he is registered 
with DEA. Therefore, he is not entitled to a DEA registration in that 
state.
    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 DEA 
Certificate of Registration AC3534814, issued to Richard J. Clement, 
M.D. be, and it hereby is, revoked. The Deputy Administrator further 
orders that any pending applications for renewal or modification of 
such registration be, and they hereby are, denied. This order is 
effective April 14, 2003.

    Dated: February 27, 2003.
John B. Brown III,
Deputy Administrator.
[FR Doc. 03-6102 Filed 3-12-03; 8:45 am]
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