[Federal Register Volume 69, Number 128 (Tuesday, July 6, 2004)]
[Notices]
[Pages 40655-40656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15151]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 03-51]


Miles J. Jones, M.D.; Revocation of Registration

    On August 11, 2003, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order

[[Page 40656]]

to Show Cause to Miles J. Jones, M.D. (Respondent) notifying him of an 
opportunity to show cause as to why DEA should not revoke his 
Certificate of Registration, BJ0839540 under 21 U.S.C. 824(a)(3) and 
deny any pending applications or requests pursuant to 21 U.S.C. 823(f). 
Specifically, the Order to Show alleged that the Respondent is not 
authorized under state law to handle controlled substances based upon 
the revocation of his Missouri state medical license on February 5, 
2003.
    By letter dated September 15, 2003, the Respondent, proceeding pro 
se, timely requested a hearing in response to the show cause order. In 
his hearing request, the Respondent asserted that the DEA action in 
revoking his Certificate of Registration was premature since matters 
involving the revocation of his Missouri medical license were under 
appeal. In response to the Respondent's request for stay, the presiding 
Administrative Law Judge Gail A. Randall (Judge Randall) issued a 
Notice and Order on September 25, 2003, allowing the Government the 
opportunity to respond to the Respondent's request.
    On September 26, 2003, counsel for DEA filed Government's Request 
for Stay of Proceedings and Motion for Summary Judgment. The Government 
asserted that the Respondent is without authorization to handle 
controlled substances in Missouri, and as a result, further proceedings 
in the matter were not required. On September 30, 2003, the Government 
followed its motion with the Government's Response to Respondent's 
Request for Stay of Proceedings, arguing that the Respondent had failed 
to provide sufficient grounds to warrant a stay of the proceedings.
    On September 30, 2003, Judge Randall issued an Order Staying 
Proceedings, where she afforded the Respondent the opportunity to 
respond to the Government's Motion by October 29, 2003. However, the 
Respondent did not file a response.
    Accordingly, on December 4, 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 and found that 
the Respondent lacked authorization to handle controlled substances in 
Missouri, the jurisdiction in which he is registered with DEA. In 
granting the Government's motion, Judge Randall also recommended that 
the Respondent's DEA registration be revoked and any pending 
applications for renewal or modification be denied. No exceptions were 
filed by either party to Judge Randall's Opinion and Recommended 
Decision, and on January 16, 2004, 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 the Respondent currently 
possesses DEA Certificate of Registration BJ0839540, and is registered 
to handle controlled substances in Missouri. The record before the 
Deputy Administrator reveals that on July 26, 2002, the North Dakota 
Board of Medical Examiners (North Dakota Board) revoked the 
Respondent's medical license in that state, based in part upon 
information that the Respondent repeatedly wrote prescriptions for 
patients over the Internet without first examining the patient or 
obtaining appropriate patient information.
    In response to the revocation action of the North Dakota Board, on 
February 5, 2003, the Missouri State Board of Registration for the 
Healing Arts (Missouri Board) issued its Findings of Fact, Conclusions 
of Law and Disciplinary Order in the matter of the Respondent's 
Missouri medical license. The Missouri Board ordered the revocation of 
the Respondent's medical license and further ordered that he be 
prohibited from applying for reinstatement of his license ``for two (2) 
years and one (1) day from the date of [the Missouri Board's] order.''
    There is no evidence before the Deputy Administrator that the order 
of the Missouri Board has been stayed or rescinded. Therefore, the 
Deputy Administrator finds that the Respondent is currently not 
licensed to practice medicine in Missouri and as a result, it is 
reasonable to infer that 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 Kanwaljit S. Serai, M.D., 68 FR 48943 (2003); Dominick A. Ricci, 
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1998).
    Here, it is clear that the Respondent is not currently authorized 
to handle controlled substances in Missouri, where he is registered 
with DEA. Therefore, he is not entitled to maintain 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, BJ0839540, issued to Miles J. Jones, 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 
August 5, 2004.

    Dated: June 21, 2004.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 04-15151 Filed 7-2-04; 8:45 am]
BILLING CODE 4410-09-M