[Federal Register Volume 69, Number 160 (Thursday, August 19, 2004)]
[Notices]
[Pages 51474-51475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18972]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Steven A. Barnes, M.D.; Revocation of Registration

    On September 16, 2004, the Deputy Assistant Administrator, Office 
of Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order

[[Page 51475]]

to Show Cause to Steven A. Barnes, M.D. (Dr. Barnes) who was notified 
of an opportunity to show cause as to why DEA should not revoke his DEA 
Certificate of Registration, BB4875437, under 21 U.S.C. 824(a)(3) and 
(a)(4), and deny any pending applications for renewal or modification 
of that registration. Specifically, the Order to Show Cause alleged 
that Dr. Barnes was without State license to handle controlled 
substances in the State of Texas. The Order to Show Cause also notified 
Dr. Barnes 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. Barnes at 
his registered location in Houston, Texas. The order was returned to 
DEA on October 20, 2003, by the United States Postal Service with a 
stamped notation: ``attempted, not known.'' On December 17, 2003, DEA 
again mailed the Order to Show Cause to Dr. Barnes at a second address, 
however, the order was not returned. DEA has not received a request for 
hearing or any other reply from Dr. Barnes or anymore purporting to 
represent him in this matter.
    Therefore, the Deputy Administrator of DEA, finding that (1) thirty 
days having passed since the attempted delivery of the Order to Show 
Cause to the registrant's address of record, as well as to a second 
address, and (2) no request for hearing having been received, concludes 
that Dr. Barnes is deemed to have waived his hearing right. See David 
W. Linder, 67 FR 12579 (2002). After considering material from the 
investigative file in this matter, the Deputy Administrator now enters 
her final order without a hearing pursuant to 21 CFR 1301.43(d) and (e) 
and 1301.46.
    The Deputy Administrator finds that Dr. Barnes is currently 
registered with DEA as a practitioner authorized to handle controlled 
substances in Schedules II through V. According to information in the 
investigative file, on March 15, 2002, DEA received information from 
the Texas Department of Public Safety (DPS) regarding the termination 
of Dr. Barnes' DPS Controlled Substance Registration Certificate. The 
DPS action with respect to Dr. Barnes' State controlled substance 
registration was taken in conjunction with the temporary suspension of 
his State medical license by the Texas State Board of Medical Examiners 
(Board). In support of its order of temporary suspension, the Board 
found that Dr. Barnes was unable to practice medicine ``* * * with 
reasonable skill and safety to patients because of excessive use of 
drugs, narcotics, chemicals, or other substance.''
    On April 5, 2002, the Board and Dr. Barnes entered into an Agreed 
Order. The Agreed Order restricted Dr. Barnes' practice of medicine for 
a period of five years under various terms and conditions, including 
Dr. Barnes agreement to abstain from ``the consumption of alcohol, 
dangerous drugs, or controlled substances in any form unless prescribed 
by another physician for legitimate and documented therapeutic 
purposes.''
    On February 27, 2003, the Board was notified by a State drug 
testing service that on February 25, 2003, Dr. Barnes tested positive 
for cocaine from a head hair sample. Additionally, the Board has been 
previously notified by the drug testing service that Dr. Barnes had ``a 
negative dilute drug tests on June 4, 2002, and October 2, 2002.'' 
After reviewing evidence presented by the Board staff and Dr. Barnes 
before a Board panel on March 21, 2003, the panel found that Dr. Barnes 
violated the terms of the April 5, 2002, Agreed Order by ingesting 
cocaine. As a result, the Board entered an Order on May 27, 2003, 
suspending Dr. Barnes' Texas medical license. There is no evidence 
before the Deputy Administrator to rebut findings that Dr. Barnes' 
Texas medical license has been suspended, or that the suspension has 
been lifted. Therefore, the Deputy Administrator finds that since Dr. 
Barnes is currently not authorized to practice medicine in Texas, it is 
reasonable to infer that he is not 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 Richard J. Clement, M.D., 68 FR 12103 (2003); Dominick A. Ricci, 
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
    Here it is clear that Dr. Barnes' medical license has been 
suspended and the suspension has not been lifted. As a result, Dr. 
Barnes is not licensed to handle controlled substances in Texas, 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, BB4875437, issued to Steven A. Barnes, 
M.D., be, and it hereby is, revoked. The Deputy Administrator further 
orders that any pending applications for renewal or modification of the 
aforementioned registration be, and it hereby is, denied. This order is 
effective September 20, 2004.

    Dated: July 27, 2004.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 04-18972 Filed 8-18-04; 8:45 am]
BILLING CODE 4410-09-M