[Federal Register Volume 68, Number 89 (Thursday, May 8, 2003)]
[Notices]
[Pages 24761-24762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11434]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Fereida Walker-Graham, M.D.; Revocation of Registration

    On August 16, 2001, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Fereida Walker-Graham, M.D. (Dr. Walker-Graham) 
at her registered location in Trotwood, Ohio, and at a second location 
in Dayton, Ohio. The Order to Show Cause notified Dr. Walker-Graham of 
an opportunity to show cause as to why DEA should not revoke her DEA 
Certificate of Registration, BW2846256 under 21 U.S.C. 824(a)(2), 
(a)(3), and (a)(4), and deny any pending applications for renewal or 
modification of that registration for reason that Dr. Walker-Graham was 
convicted of a felony offense related to controlled substances, is not 
authorized to handle controlled substances in the State of Ohio, and 
her continued registration would be inconsistent with the public 
interest. The order also notified Dr. Walker-Graham that should no 
request for a hearing be filed within 30 days, her hearing right would 
be deemed waived.
    As alluded to above, the Order to Show Cause was sent by certified 
mail to Dr. Walker-Graham at a location in Dayton, Ohio, and DEA 
received a signed receipt indicating that it was received sometime in 
August 2001. DEA has not received a request for hearing or any other 
reply from Dr. Walker-Graham or anyone purporting to represent her 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

[[Page 24762]]

having been received, concludes that Dr. Walker-Graham is deemed to 
have waived her 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 on June 14, 2000, the State 
Medical Board of Ohio (Board) entered an order permanently revoking Dr. 
Walker-Graham's State license to practice medicine and surgery. The 
Board's action arose in part from a finding that Dr. Walker-Graham 
dispensed phentermine (A Schedule IV controlled substance) to numerous 
individuals for no legitimate medical purpose. Included among the 
individuals that received controlled substances from Dr. Walker-Graham 
were several undercover officers from a local investigations unit know 
as the Combined Agencies for Narcotics Enforcement or the CANF Task 
Force. The Board's investigation revealed that on numerous occasions, 
Dr. Walker-Graham dispensed these drugs without performing a medical 
examination. The Board's ruling was also based in part upon an 
accountability audit conducted by the Ohio State Board of Pharmacy 
which revealed that Dr. Walker-Graham could not account for significant 
shortages of phentermine that was used in her medical practice from 
January 1, 1997 through November 4, 1998. As part of the Board's 
revocation order, Dr. Walker-Graham was further ordered to immediately 
cease prescribing, dispensing, or administering controlled substances.
    The Deputy Administrator's review of the investigative file further 
reveals that on January 10, 2001, Dr. Walker-Graham was convicted on 
felony charges related to drug trafficking, sale of dangerous drugs and 
drug possession. She was sentenced five years of court supervised 
probation, her driver's license was suspended and she was ordered to 
pay a fine.
    There is no evidence before the Deputy Administrator that Dr. 
Walker-Graham's license to practice medicine in the State of Ohio has 
been reinstated. The Deputy Administrator further notes that the 
Board's revocation order prohibits Dr. Waker-Graham from prescribing, 
dispensing, or administering controlled substances.
    Pursuant to 21 U.S.C. 824(a), the Deputy Administrator may revoke a 
DEA Certificate of Registration if he finds that the registrant has 
been convicted of a felony related to controlled substances, has had 
his State license revoked and is no longer authorized to dispense 
controlled substances or has committed such acts as would render his 
registration contrary to the public interest as determined by factors 
listed in 21 U.S.C. 823(f). Thomas B. Pelkowski, D.D.S., 57 FR 28538 
(1992). Despite Dr. Walker-Graham's felony conviction related to 
controlled substances, as well as the other public interest factors for 
the revocation of her DEA registration asserted herein, the more 
relevant consideration here is the present status of her State 
authorization to handle controlled substances.
    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 which he conducts business. See 21 U.S.C. 802(21), 
823(f) and 824(a)(3). This prerequisite has been consistently upheld. 
See Joseph Thomas Allevi, M.D., 67 FR 35581 (2002); Dominick A. Ricci, 
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
    Here, it is clear that Dr. Walker-Graham is not licensed to handle 
controlled substances in Ohio, where she is registered with DEA. 
Therefore, she is not entitled to maintain that registration. Because 
Dr. Walker-Graham lacks State authorization to handle controlled 
substances, the Deputy Administrator concludes that it is unnecessary 
to address whether her DEA registration should be revoked based upon 
the public interest grounds asserted in the Order to Show Cause, or 
whether her registration should be revoked based upon the 
aforementioned felony conviction in the State of Ohio. See Samuel Silas 
Jackson, D.D.S., 67 FR 65145 (2002); National-Aikens-Afful, M.D., 62 FR 
16871 (1997); Sam F. Moore, D.V.M, 58 FR 14428 (1993).
    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, BW2846256, issued to Fereida Walker-
Graham, 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 June 9, 2003.

    Dated: April 21, 2003.
John B. Brown, III,
Deputy Administrator.
[FR Doc. 03-11434 Filed 5-07-03; 8:45 am]
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