[Federal Register Volume 70, Number 89 (Tuesday, May 10, 2005)]
[Notices]
[Pages 24625-24626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9245]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Thomas J. Mulhearn, III, M.D.; Revocation of Registration

    On August 20, 2004, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Thomas J. Mulhearn, III, M.D. (Dr. Mulhearn) of 
Monroe,

[[Page 24626]]

Louisiana, notifying him of an opportunity to show cause as to why DEA 
should not revoke his DEA Certificate of Registration BM7570636 under 
21 U.S.C. 824(a)(3) and deny any pending applications for renewal or 
modification of that registration pursuant to 21 U.S.C. 823(f). As a 
basis for revocation, the Order to Show Cause alleged that Dr. Mulhearn 
is not currently authorized to practice medicine or handle controlled 
substances in Louisiana, his state of registration and practice. The 
Order to Show Cause also notified Dr. Mulhearn 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. Mulhearn 
at his registered address at 1207 Royal Avenue, Monroe, Louisiana 
71201. However, that letter was unclaimed. It was then forwarded by the 
United States Postal Service to 91 Sidney Street, Apt. 315, Cambridge, 
Massachusetts 02139-4286, an address Dr. Mulhearn apparently provided 
postal authorities as a forwarding address. However, the forwarded 
letter was also unclaimed and postal authorities returned it to DEA. 
Additional efforts by DEA investigators to locate Dr. Mulhearn's 
whereabouts have also been unsuccessful. DEA has not received a request 
for hearing or any other reply from Dr. Mulhearn or anyone purporting 
to represent him 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 his forwarding 
address; (2) reasonable and good faith efforts to locate him have been 
unsuccessful; and (3) no request for hearing having been received, 
concludes that Dr. Mulhearn is deemed to have waived his hearing right. 
See James E. Thomas, M.D., 70 FR 3,564 (2005); Steven A. Barnes, M.D., 
69 FR 51,474 (2004); David W. Linder, 67 FR 12,579 (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 Dr. Mulhearn currently possesses DEA 
Certificate of Registration BM7570636, as a practitioner, authorized to 
handle Schedule V controlled substances. The Deputy Administrator 
further finds that on November 29, 2003, the Louisiana State Board of 
Medical Examiners (Louisiana Board) issued an Order revoking Dr. 
Mulhearn's license to practice medicine in Louisiana. The revocation 
was based upon the Board's findings that Dr. Mulhearn committed 
professional misconduct due to personal substance abuse, failed to 
adhere to the conditions of a previous suspension and treatment program 
and was ``unable to practice medicine with reasonable skill and safety 
to patients because of mental illness or deficiency, and/or excessive 
use or abuse of drugs, including alcohol.''
    The investigative file contains no evidence the Louisiana Board's 
Order has been stayed, modified or terminated or that Dr. Mulhearn's 
medical license has been reinstated. Therefore, the Deputy 
Administrator finds Dr. Mulhearn is not currently authorized to 
practice medicine in the State of Louisiana. As a result, it is 
reasonable to infer 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 Stephen J. Graham, M.D., 69 FR 11,661 (2004); Dominick A. Ricci, 
M.D., 58 FR 51,104 (1993); Bobby Watts, M.D., 53 FR 11,919 (1988).
    Here, it is clear Dr. Mulhearn's medical license has been revoked 
and he is not currently licensed to handle controlled substances in 
Louisiana, where he is registered with DEA. Therefore, he is not 
entitled to a DEA registration in that state.
    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 BM7570636, issued to Thomas J. Mulhearn, 
III, M.D., be, and it hereby is, revoked. The Deputy Administrator 
further orders that any pending applications for renewal of such 
registration be, and they hereby are, denied. This order is effective 
June 9, 2005.

    Dated: May 2, 2005.
Michele M. Leonart,
Deputy Administrator.
[FR Doc. 05-9245 Filed 5-9-05; 8:45 am]
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