[Federal Register Volume 69, Number 189 (Thursday, September 30, 2004)]
[Notices]
[Page 58544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21963]



[[Page 58544]]

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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Anne C. Mason, M.D.; Revocation of Registration

    On March 2, 2004, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Anne C. Mason, M.D. (Dr. Mason) who was notified 
of an opportunity to show cause as to why DEA should not revoke her DEA 
Certificate of Registration, BM0654005, pursuant to 21 U.S.C. 
824(a)(3). Specifically, the Order to Show Cause alleged that Dr. Mason 
was without state license to handle controlled substances in the State 
of Alabama. The Order to Show Cause also notified Dr. Mason that should 
no request for a hearing be filed within 30 days, her hearing right 
would be deemed waived.
    The Order to Show Cause was sent by certified mail to Dr. Mason at 
her registered location in Hanceville, Alabama, with a copy sent to a 
second location in Vestavia Hills, Alabama. The order sent to Dr. 
Mason's address of record was subsequently returned to DEA by the 
United States Postal Service with a stamped notation: ``Undeliverable 
As Addressed, Forwarding Order Expired.'' The order sent to the second 
location was also returned with a stamped notation: ``Attempted, Not 
Known.'' According to the investigative file, DEA personnel have made 
several attempts to locate Dr. Mason without success. DEA has not 
received a request for hearing or any other reply from Dr. Mason or 
anyone purporting to represent her in the matter.
    Therefore, the Deputy Administrator of DEA, finding that (1) thirty 
days having passed since the attempted delivery of the 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. 
Mason is deemed to have waived her 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. Mason is currently 
registered with DEA as a practitioner authorized to handle controlled 
substances in Schedules II through V. Contained within the 
investigative file is an Order dated September 8, 2003, and issued by 
the Medical Licensure Commission of Alabama (the Commission). The 
Commission was convened to render a ruling in the matter of an 
Application to Reinstate License filed by Dr. Mason and subsequent 
Notice of Intent to Contest Reinstatement and an Administrative 
Complaint filed by the Alabama State Board of Medical Examiners.
    The Commission found that on January 30, 2003, Dr. Mason failed to 
renew her Alabama medical license for the year 2003, and as a result, 
that license was revoked by operation of law. The Commission also found 
that Dr. Mason suffered from opiate abuse and major depression for 
which she refused or failed to participate in a program for 
rehabilitation. As a consequence, the Commission concluded that Dr. 
Mason was unable to practice medicine with ``reasonable skill and 
safety to patients.'' As a result of its findings, the Commission 
denied Dr. Mason's application for reinstatement of her Alabama medical 
license.
    There is no evidence before the Deputy Administrator to rebut 
findings that Dr. Mason's Alabama medical license has been revoked and 
has not been reinstated. Therefore, the Deputy Administrator finds that 
Dr. Mason is currently not authorized to handle controlled substances 
in Alabama.
    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. Mason's state medical license has been 
revoked and there is no information before the Deputy Administrator 
which points to any reversal of the revocation action. As a result, Dr. 
Mason is not licensed to handle controlled substances in Alabama, where 
she is registered with DEA, and therefore, she 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, BM0654005, issued to Anne C. Mason 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, needed. This order is 
effective November 1, 2004.

    Dated: September 8, 2004.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 04-21963 Filed 9-29-04; 8:45 am]
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