[Federal Register Volume 69, Number 80 (Monday, April 26, 2004)]
[Notices]
[Pages 22562-22563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9331]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 03-41]


Alton E. Ingram, Jr., 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 Alton E. Ingram, Jr., M.D. (Respondent) of 
Pensacola, Florida, notifying him of an opportunity to show cause as to 
why DEA should not revoke his DEA Certificate of Registration, 
BI3210642, as a practitioner, pursuant to 21 U.S.C. 824(a)(3) and deny 
any pending applications for renewal of that registration pursuant to 
21 U.S.C. 832(f). As a basis for revocation, the Order to Show Cause 
alleged that Respondent's license to practice medicine in Florida had 
been indefinitely suspended and accordingly, he was not authorized to 
handle controlled substances in Florida, the State in which he is 
registered.
    On August 6, 2003, Respondent, acting pro se, timely requested a 
hearing in this matter. On August 22, 2003, Administrative Law Judge 
Gail A. Randall (Judge Randall) issued the Government, as well as 
Respondent, an Order for Prehearing Statements.
    In lieu of filing a prehearing statement, the Government filed 
Government's Request for Stay of Proceedings and Motion for Summary 
Disposition. The Government argued Respondent was without authorization 
to handle controlled substances in the State of Florida and, as a 
result, further proceedings in the matter were not required. Attached 
to the Government's motion was a copy of the State of Florida, 
Department of Health's Order of Emergency Suspension of License, 
indefinitely suspending Respondent's license to practice medicine in 
Florida, effective as of September 11, 2002.
    On September 3, 2003, Judge Randall issued an Order and Notice 
providing Respondent an opportunity to respond to the Government's 
motion. Respondent filed a timely response, which included a concession 
that his authority to prescribe controlled substances in the State of 
Florida was then currently, albeit temporarily, suspended. Based on 
other issues raised in that response, Judge Randall ordered the 
Government to file an amendment to its Motion for Summary Disposition, 
which it did on October 10, 2003. Subsequently, the Government filed 
its October 14, 2003, Motion to Rescind Amended Motion for Summary 
Disposition (first amended motion), requesting that its accompanying 
Second Amended Motion for Summary Disposition be considered in lieu of 
the first amended motion. Judge Randall denied the motion to rescind 
the first amended motion as it was then a part of the administrative 
record. However, she accepted the Second Amended Motion for Summary 
Disposition for consideration on the merits.
    On November 7, 2003, Judge Randall issued her Opinion and 
Recommended Decision of the Administrative Law Judge (Opinion and 
Recommended Decision). As part of her recommended ruling, Judge Randall 
granted the Government's Motion for Summary Disposition, finding 
Respondent lacked authorization to handle controlled substances in 
Florida, the jurisdiction in which he is registered. Judge Randall 
recommended that Respondent's DEA registration be revoked and any 
pending applications for renewal or modification of that registration 
be denied. No exceptions were filed by either party to Judge Randall's 
Opinion and Recommended Decision and on December 15, 2003, the record 
of these proceedings was transmitted to the Office of the DEA Deputy 
Administrator.
    The Deputy Administrator has considered the record in its entirety 
and pursuant to 21 CFR 1316.67, hereby issues her final order based 
upon findings of fact and conclusions of law as hereinafter set forth. 
The Deputy Administrator adopts, in full, the Opinion and Recommended 
Decision of the Administrative Law Judge.
    The Deputy Administrator finds that Respondent holds DEA 
Certificate of Registration, BI3210642, which expired on November 30, 
2003, after initiation of these proceedings. The Deputy Administrator 
further finds that, effective as of September 11, 2002, the State of 
Florida, Department of Health issued its Order of Emergency Suspension 
of License, suspending respondent's authority to practice as a 
physician in the State of Florida. There is no evidence in the record 
indicating that this suspension has been stayed or that Respondent's 
license has been reinstated. As a result, he is not currently 
authorized to prescribe, dispense, administer, or otherwise handle 
controlled substances in the

[[Page 22563]]

State of Florida, his place of DEA registration.
    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 Karen Joe Smiley, M.D., 68 FR 48944 (2003); Dominick A. Ricci, 
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988). 
Revocation is also appropriate when a State license has been suspended, 
but with a possibility of future reactivation. See Anne Lazar Thorn, 
M.D., 62 FR 12,847 (1997).
    Here, it is clear Respondent currently lacks authority to handle 
controlled substances in Florida, the State in which he is registered 
with DEA as a practitioner. Therefore, DEA does not have authority to 
maintain Respondent's DEA Certificate of Registration for his Florida 
practice or to grant any pending applications for renewal or 
modification of that registration.
    Accordingly, the 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, BI3210642, issued to Alton E. Ingram, Jr., 
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 May 26, 2004.

    Dated: April 7, 2004.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 04-9331 Filed 4-23-04; 8:45 am]
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