[Federal Register Volume 69, Number 189 (Thursday, September 30, 2004)]
[Notices]
[Pages 58545-58546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21960]
[[Page 58545]]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
David C. Phillips, M.D.; Revocation of Registration
On December 17, 2003, the Deputy Asssistant Administrator, Office
of Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show cause to David C. Phillips, M.D. (Dr. Phillips) who was
notified of an opportunity to show cause as to why DEA should not
revoke his DEA Certificate of Registration, BP3145403, 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 in relevant part, the following:
1. Dr. Phillips' Ohio medical license has been inactive since 1998
according to the Ohio State License Board. On September 17, 2001, he
voluntarily surrendered his medical license to the Ohio State Medical
Board (Ohio Board). On July 12, 2001, Dr. Phillips stated to his
psychotherapist his realization of a ``sexual addiction problem.'' Dr.
Phillips does not currently have a state license or registration to
practice medicine in Ohio, the state in which he is registered with
DEA.
2. On January 24, 2002, Dr. Phillips' license to practice medicine
in the State of Michigan was summarily suspended. This action was taken
by the Michigan Board of Medicine Disciplinary Subcommittee (Michigan
Board) because of Dr. Phillips' inappropriate behavior with patients.
On October 20, 1999, he treated a patient in the emergency department
at Bay Medical Center, Bay City, Michigan and made sexual advances
towards the patient, but the patient refused his advances. Dr. Phillips
then ordered for the patient 100mg of Demerol, a Schedule II controlled
substance, and proceeded to have inappropriate sexual contact with the
patient. He then followed the patient home and continued to engage in
additional inappropriate sexual contact with her. The summary
suspension of the Michigan Board was dissolved on August 21, 2002, and
Dr. Phillips' medical license was suspended for three years. That
suspension remains in effect until 2005.
3. On October 8, 2003, DEA diversion investigators performed
current checks of both the Michigan and Ohio licensing boards and
confirmed that Dr. Phillips does not have a valid medical license in
either state. Therefore, he is no longer authorized to handle
controlled substances in either state.
On December 17, 2003, the Order to Show Cause was sent by certified
mail to Dr. Phillips' registered location in Rossford, Ohio, with a
second copy sent to a location in Adrian, Michigan. According to
certified mail receipt records, copies of the Order to Show Cause were
received on behalf of Dr. Phillips at each location. 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 Deputy Administrator of DEA, finding that (1) thirty
days having passed since the 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.
Phillips 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. Phillips is currently
registered with DEA as a practitioner. According to information in the
investigative file, in January of 2001, Dr. Phillips sought to renew
his DEA Certificate of Registration for his registered location in
Rossford, Ohio. As part of its subsequent pre-registrant investigation
of his application for renewal, DEA learned from the Ohio Medical Board
that Dr. Phillips' medical license in that state was inactive.
A DEA diversion investigator subsequently inquired with Dr.
Phillips about the status of his Ohio medical license. Dr. Phillips
informed the investigator that he lived in Ohio, but worked as an
emergency room physician at hospitals in Michigan. Following this
conversation, Dr. Phillips requested that his DEA registration be
modified to reflect an address at a practice location in Adrian,
Michigan. For unspecified reasons, Dr. Phillips' DEA registration was
renewed for the Ohio location, but was not modified to reflect his
professional practice location in Michigan.
Included in the investigative file is an Administrative Complaint
filed against Dr. Phillips' Michigan medical license on January 22,
2002. The complaint alleged, that on September 17, 2001, Dr. Phillips
agreed to surrender his certificate to practice medicine and surgery in
Ohio as a result of his having inappropriate sexual contact with a
patient. Following the issuance of the Administrative Complaint, the
Michigan Board then issued an order dated January 24, 2002, summarily
suspending Dr. Phillips' state medical license. The matters which led
to the summary suspension of Dr. Phillips' Michigan medical license
were also related to his inappropriate sexual contact with several
patients.
By Consent Order dated August 21, 2002, the Michigan Board
dissolved the summary suspension of January 24, 2002. The parties
further agreed however, that based upon violations outlined in the
previous Administrative Complaint, Dr. Phillips' state medical license
would be suspended for a period of three years.
On October 8, 2003, the DEA Detroit (Michigan) Field Division
inquired with both the Ohio and Michigan licensing boards about Dr.
Phillips' licensure status in those jurisdictions. DEA was informed
that Dr. Phillips is not currently licensed to practice medicine in
either state. There is no evidence before the Deputy Administrator that
Dr. Phillips' Ohio state medical license has been reinstated or that
the three-year suspension of his Michigan medical license has been
lifted.
Pursuant to 21 U.S.C. 824(a), the Deputy Administrator may revoke a
DEA Certificate of Registration if she finds that the registrant has
had his state license revoked and is no longer authorized to dispense
controlled substances or has committed such acts as would render his
registration contrary to the public interest as determined by factors
listed in 21 U.S.C. 823(f). Thomas B. Pelkowski, D.D.S., 57 FR 28538
(1992). Nevertheless, despite findings of the Ohio and Michigan Boards
regarding Dr. Phillips' inappropriate conduct with patients under his
care, and notwithstanding other public interest factors for the
revocation of his DEA registration asserted herein, the more relevant
consideration is the present status of Dr. Phillips' state
authorization to handle controlled substances.
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 Rory Patrick Doyle, M.D., 69 FR 11655 (2004); Dominick A. Ricci,
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
Here, it is clear that Dr. Phillips has surrendered his Ohio
medical license and his Michigan medical license has been suspended. It
is reasonable to infer that he is currently not authorized to
[[Page 58546]]
handle controlled substances in Ohio or Michigan and therefore, not
entitled to a DEA registration in either jurisdiction. As a result of a
finding that Dr. Phillips lacks any state authorization to handle
controlled substances, the Deputy Administrator concludes that it is
unnecessary to address further whether his DEA registration should be
revoked based upon the public interest grounds asserted in the Order to
Show Cause. See Samuel Silas Jackson, D.D.S., 67 FR 65145 (2002);
Nathaniel-Aikens-Afful, M.D., 62 FR 16871 (1997); Sam F. Moore, D.V.M.,
58 FR 14428 (1993).
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, BP3145403, issued to David C. Phillips,
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 November 1, 2004.
Dated: September 8, 2004.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 04-21960 Filed 9-29-04; 8:45 am]
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