[Federal Register Volume 69, Number 48 (Thursday, March 11, 2004)]
[Notices]
[Page 11663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5481]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


James W. Phillips, M.D. Revocation of Registration

    On June 25, 2003, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to James W. Phillips, M.D. (Dr. Phillips) of 
Jacksonville, Florida, notifying him of an opportunity to show cause as 
to why DEA should not revoke his DEA Certificate of Registration 
BP1163396 under 21 U.S.C. 824(a) and deny any pending applications for 
renewal or modification of that registration. As a basis for 
revocation, the Order to Show Cause alleged that Dr. Phillips is not 
currently authorized to practice medicine or handle controlled 
substances in Florida, his state of registration and practice. The 
order also notified Dr. Phillips 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. Phillips 
at his address of record at 404 Cancun Court, Jacksonville, Florida. 
According to the return receipt, on or around July 8, 2003, the Order 
was accepted on Dr. Phillips' behalf. The return receipt also indicated 
that Dr. Phillips' new address was 760 Tee Time Lane, Jacksonville, 
Florida. DEA has not received a request for hearing or any other reply 
from Dr. Phillips or anyone purporting to represent him in this matter.
    Therefore, the Acting 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. 
Phillips is deemed to have waived his hearing right. See Samuel S. 
Jackson, D.D.S., 67 FR 65145 (2002); David W. Linder, 67 FR 12579 
(2002). After considering material from the investigative file, the 
Acting Deputy Administrator now enters her final order without a 
hearing pursuant to 21 CFR 1301.43(d) and (e) and 1301.46.
    The Acting Deputy Administrator finds that Dr. Phillips possesses 
DEA Certificate of Registration BP1163396, which expires on March 31, 
2005. The Acting Deputy Administrator further finds that the State of 
Florida Department of Public Health filed an Administrative Complaint 
with the State of Florida Medical Board (the Board) against Dr. 
Phillips alleging inter alia, that he engaged in malpractice with three 
plastic surgery patients, failed to submit necessary paperwork with the 
insurance company of a fourth patient, filed for bankruptcy and closed 
his office without notifying his patients or the Board, and that he 
failed to respond to his patients' requests for their medical records.
    On December 18, 2002, Dr. Phillips defaulted his right to a hearing 
on the Administrative Complaint and the Board issued its Final Order 
sustaining the accusations and revoking Dr. Phillips' license to 
practice medicine in the State of Florida, effective as of December 23, 
2002. The investigative file contains no evidence that the Board's 
Final Order has been stayed or that Dr. Phillips' medical license has 
been reinstated. Therefore, the Acting Deputy Administrator finds that 
Dr. Phillips is not currently authorized to practice medicine in the 
State of Florida. As a result, it is reasonable to infer 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 which he conducts business. See 21 U.S.C. 802(21), 
823(f) and 824(a)(3). This prerequisite has been consistently upheld. 
See Muttaiya Darmarajeh, M.D., 66 Fr 52936 (2001); Dominick A. Ricci, 
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
    Here, it is clear that Dr. Phillips' medical license has been 
revoked and he is not licensed to handle controlled substances in 
Florida, where he is registered with DEA. Therefore, he is not entitled 
to a DEA registration in that state.
    Accordingly, the Acting Deputy Administrator of the Drug 
Enforcement Administration, pursuant to the authority vested in her by 
21 U.S.C. 823 and 824 and 28 CFR 0.100(b) and 0.104, hereby orders that 
DEA Certificate of Registration BP1163396, issued to John W. Phillips, 
M.D., be, and it hereby is, revoked. The Acting Deputy Administrator 
further orders that any pending applications for renewal of such 
registration be, and they hereby are, denied. This order is effective 
April 12, 2004.

    Dated: February 20, 2004.
Michele M. Leonhart,
Acting Deputy Administrator.
[FR Doc. 04-5481 Filed 3-10-04; 8:45 am]
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