[Federal Register Volume 70, Number 49 (Tuesday, March 15, 2005)]
[Notices]
[Page 12727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5073]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Margaret Melinda Sprague, M.D.; Revocation of Registration

    On September 8, 2004, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Margaret Melinda Sprague, M.D. (Dr. Sprague) who 
was notified of an opportunity to show cause as to why DEA should not 
revoke her DEA Certificate of Registration BS1464089, pursuant to 21 
U.S.C. 824(a)(3) and deny any pending applications under 21 U.S.C. 
823(f), on the ground that she lacks State authority to handle 
controlled substances in the State of California. The Order to Show 
Cause also notified Dr. Sprague 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. Sprague 
at her registered address in La Jolla, California. However that letter 
was unclaimed. It was then forwarded by the United States Postal 
Service to 7934 La Jolla Shores Drive, La Jolla, California 92037, an 
address Dr. Sprague had provided postal authorities as a forwarding 
address. She had also previously advised DEA investigators to use that 
address when sending correspondence related to her registration. 
However, the forwarded letter was also unclaimed and postal authorities 
returned it to DEA stamped ``Notice Left--No Response.'' Additional 
efforts by DEA investigators to locate Dr. Sprague's current address 
were also unsuccessful. DEA has not received a request for hearing or 
any other reply from Dr. Sprague or anyone purporting to represent her 
in this matter.
    Therefore, the Deputy Administrator of DEA, finding that: (1) 
Thirty days having passed since the attempted deliveries of the order 
to Show Cause to the Registrant's address of record and her forwarding 
address; (2) reasonable and good faith efforts to locate her have been 
unsuccessful; and (3) no request for hearing having been received, 
concludes that Dr. Sprague is deemed to have waived her hearing right. 
See James E. Thomas, M.D., 70 FR 3564 (2005); Steven A. Barnes, M.D., 
69 FR 51474 (2004); 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. Sprague is currently 
registered with DEA as a practitioner authorized to handle controlled 
substances in Schedules II through V under Certificate of Registration 
BS1464089, expiring on February 28, 2006. According to information in 
the investigative file on December 3, 2003, the Medical Board of 
California (Board) issued an Order immediately suspending Dr. Sprague's 
Physician and Surgeon's Certificate. The suspension was based in part, 
on the Board's conclusion that Dr. Sprague was unable to safely 
practice medicine due to a mental or physical condition.
    There is no evidence before the Deputy Administrator to rebut a 
finding that Dr. Sprague's California medical license has been 
suspended. Therefore, The Deputy Administrator finds Dr. Sprague is 
currently not authorized to practice medicine in the State of 
California. As a result, it is reasonable to infer that she 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 she 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. Sprague's State medical license was 
suspended and there is no information before the Deputy Administrator 
which points to that suspension having been lifted or stayed. As a 
result, Dr. Sprague is not authorized to practice medicine or handle 
controlled substances in California, where she is registered with DEA. 
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, BS1464089, issued to Margaret Melinda 
Sprague, 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 hereby are, 
denied. This order is effective April 14, 2005.

    Dated: February 14, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-5073 Filed 3-14-05; 8:45 am]
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