[Federal Register Volume 69, Number 48 (Thursday, March 11, 2004)]
[Notices]
[Page 11657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5482]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


John A. Frenz, M.D.; Revocation of Registration

    On June 4, 2003, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to John A. Frenz, M.D. (Dr. Frenz) of Brandon, 
Mississippi, notifying him of an opportunity to show cause as to why 
DEA should not revoke his Certificate of Registration No. AF6071752 
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 Dr. Frenz voluntarily surrendered his medical 
license to the Mississippi State Board of Medical Licensure and is not 
currently authorized to practice medicine or handle controlled 
substances in Mississippi, his state of registration and practice. The 
order also notified Dr. Frenz 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. Frenz at 
his address of record at 346 Crossgates Boulevard, Brandon, Mississippi 
39047. According to the return receipt, on or around June 17, 2003, the 
Order was accepted on Dr. Frenz's behalf. The return receipt also 
indicated that Dr. Frenz's new address was 600 Bay Park Drive, Brandon, 
Mississippi 39047. DEA has not received a request for a hearing or any 
other reply from Dr. Frenz 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. Frenz 
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. Frenz possesses DEA 
Certificate of Registration AF60771752, which expired on September 30, 
2002. The Acting Deputy Administrator further finds that the 
Mississippi State Board of Medical Licensure (the Board) finds a 
Summons against Dr. Frenz alleging inter alia, that he was guilty of 
dishonorable or unethical conduct likely to deceive, defraud or harm 
the public and that he had voluntarily surrendered his hospital staff 
privileges while an investigation or disciplinary proceeding was being 
conducted against him. These counts arose from complaints filed by two 
of Dr. Frenz's patients alleging he engaged in sexual misconduct with 
them in his office and at the Rankin Medical Center of Brandon, 
Mississippi.
    On February 13, 2002, Dr. Frenz waived his rights to a due process 
hearing and voluntarily and unconditionally executed a Voluntary 
Surrender of his Mississippi State Medical License No. 10906, to the 
Board. This Voluntary Surrender was accepted and approved by the Board 
on February 21, 2002.
    The investigative file contains no evidence that the Voluntary 
Surrender of Dr. Frenz's medical license was stayed or that his license 
has been reinstated. Therefore, the Acting Deputy Administrator finds 
that Dr. Frenz is not currently authorized to practice medicine in the 
State of Mississippi. 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 (2002); Dominick A. Ricci, 
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
    Here, it is clear Dr. Frenz surrendered his medical license and is 
not licensed to handle controlled substances in Mississippi, 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 AF60771752, issued to John A. Frenz, 
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. Leonhard,
Acting Deputy Administrator.
[FR Doc. 04-5482 Filed 3-10-04; 8:45 am]
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