[Federal Register Volume 68, Number 158 (Friday, August 15, 2003)]
[Notices]
[Pages 48942-48943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20805]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Cordell Clark, M.D., Revocation of Registration

    On July 26, 2002, the then-Deputy Administrator of the Drug 
Enforcement Administration (DEA), issued an Order to Show Cause and 
Notice of Immediate Suspension of Registration to Cordell Clark, M.D. 
(Dr. Clark). Dr. Clark was notified of an opportunity to show cause as 
to why DEA should not revoke his DEA Certificate of Registration, 
AC1074892, pursuant to 21 U.S.C. 824(a)(1), (3) and (4), and deny any 
pending applications for renewal or modification as a practitioner 
pursuant to 21 U.S.C. 823(f). The Order to Show Cause--Notice of 
Immediate Suspension further notified Dr. Clark that his DEA 
registration was immediately suspended as an imminent danger to the 
public health and safety pursuant to 21 U.S.C. 824(d). Dr. Clark was 
also notified that should no request for a hearing be filed within 30 
days, his hearing right would be deemed waived.
    On July 31, 2002, three DEA Diversion Investigators attempted to 
serve the Order to Show Cause-Notice of Suspension upon Dr. Clark at 
his registered address in Dallas, Texas. The investigators also 
attempted delivery at a second business address in Dallas. Dr. Clark 
was at neither location, and both appeared to have been vacated. On 
August 1, 2002, two DEA Diversion Investigators along with a DEA 
Special Agent hand carried the Order to Show Cause--Notice of Immediate 
Suspension to Dr. Clark's residence in Cedar Hill, Texas. Dr. Clark 
again was not present, however, a person identifying himself as 
Christopher Clark (later determined to be Dr. Clark's twenty-year old 
son) was present at the location. After displaying credentials and 
identifying themselves as representatives of DEA, the investigators 
inquired as to the whereabouts of Dr. Clark. Christopher Clark informed 
DEA personnel that his father was ``at work'' but would not divulge Dr. 
Clark's location or telephonically contact him so that DEA personnel 
could speak with him. As a result, DEA personnel left the Order to Show 
Cause--Notice of Suspension (along with a business card from a 
Diversion Investigator) with Christopher Clark with instructions that 
he deliver the same to Dr. Clark. DEA has not received a request for 
hearing or any other reply from Dr. Clark or anyone purporting to 
represent him in this matter.
    Therefore, the Acting 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. Clark is deemed 
to have waived his hearing right. After considering material from the 
investigative file in this matter, the Acting Administrator now enters 
his final order without a hearing pursuant to 21 CFR 1301.43 (d) and 
(e) and 1301.46.
    The Acting Administrator finds that Dr. Clark currently possesses 
DEA Certificate of Registration AC1974892. While Dr. Clark's DEA 
registration reflects an expiration date of August 31, 2001, that 
registration remains valid based upon his timely submission of a DEA 
renewal application dated August 16, 2001.
    The Acting Administrator finds that on September 25, 2000, the 
Texas State Board of Medical Examiners (Board) issued an order 
suspending Dr. Clark's license to practice medicine. The Board's order 
was based in part upon Dr. Clark's failure to evaluate a patent prior 
to ordering physical therapy and his failure to comply with terms and 
conditions of a prior Agreed Order that Dr. Clark had entered into with 
the Board. On September 7, 2001, the Board issued an Order denying Dr. 
Clark's petition to terminate the suspension of his medical license.

[[Page 48943]]

    On September 26, 2001, the Texas Department of Public Safety (DPS) 
notified Dr. Clark of the cancellation of his state Controlled 
Substances Registration Certificate number Y0042101. The action by DPS 
was initiated based upon Dr. Clark's failure to meet a necessary 
precondition for a Texas controlled substance registration--a medical 
license with the Board that was current and in good standing.
    The above referenced Order to Show Cause--Notice of Immediate 
Suspension further alleged, and a review of information in the 
investigative file suggests, that Dr. Clark materially falsified his 
August 16, 2001 application for renewal of his DEA registration by 
failing to disclose information regarding the suspension of his Texas 
medical license. The investigative file also reveals that Dr. Clark 
continued issuing prescriptions for controlled substances despite the 
lack of state authorization to practice medicine or handle controlled 
substances, and being advised by DEA personnel on August 30, 2001, to 
cease writing such prescriptions.
    There is no evidence in the record that the Board has lifted the 
suspension of Dr. Clark's medical license or that his Texas State 
Controlled Substances Certificate has been reinstated. Therefore, the 
Acting Administrator finds that Dr. Clark is not currently authorized 
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 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. Clark is not licensed to handle 
controlled substances in Texas, where he is registered with DEA. 
Therefore, he is not entitled to maintain that registration. Because 
Dr. Clark is not entitled to a DEA registration in Texas due to his 
lack of state authorization to handle controlled substances, the Acting 
Administrator concludes that it is unnecessary to address whether Dr. 
Clark's registration should be revoked based upon the other grounds 
asserted in the Order to Show Cause--Notice of Immediate Suspension. 
See Fereida Walker-Graham, M.D., 68 FR 24761 (2003); Nathaniel-Aikens-
Afful, M.D., 62 FR 16871 (1997); San F. Moore, D.V.M., 58 FR 14428 
(1993).
    Accordingly, the Acting 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, AC1074892, issued to Cordell Clark, M.D., 
be, and it hereby is, revoked. The Acting Administrator further orders 
that any pending application for renewal or modification of such 
registration be, and they hereby are, denied. This order is effective 
September 15, 2003.

    Dated: July 28, 2003.
William B. Simpkins,
Acting Administrator.
[FR Doc. 03-20805 Filed 8-14-03; 8:45 am]
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