[Federal Register Volume 70, Number 89 (Tuesday, May 10, 2005)]
[Notices]
[Page 24622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9246]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Stephen K. Jones, M.D.; Denial of Registration

    On November 10, 2004, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Stephen K. Jones, M.D. (Dr. Jones) who was 
notified of an opportunity to show cause as to why DEA should not deny 
his application for DEA Certificate Registration as a practitioner to 
handle controlled substances, pursuant to 21 U.S.C. 823 and 824.
    The Order to Show Cause alleged in relevant part, that Dr. Jones 
was not licensed to practice medicine or handle controlled substances 
in Utah, the state in which he was applying for registration and 
intended to practice. Secondarily, the Order alleged Dr. Jones had 
previously been disciplined in Iowa, where he currently lives and 
practices, for personal drug abuse, signing a fraudulent prescription 
and diverting controlled substances. The Order to Show Cause also 
notified Dr. Jones 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. Jones 
Residence at 3525 Mayfield Road, Iowa City, Iowa and to his proposed 
registered location in Salt Lake City, Utah. According to certified 
mail receipt records, the Order to Show Cause sent to his residence was 
received by Dr. Jones on December 10, 2004. DEA has not received a 
request for hearing or any other reply from Dr. Jones 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 
applicant's home and address of record, and (2) no request for hearing 
having been received, concludes that Dr. Jones is deemed to have waived 
his wearing right. See David W. Linder, 67 FR 12,579 (2002). After 
considering material from the investigate 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 on July 2, 2004, Dr. Jones 
applied for DEA registration to handle Schedule II through IV 
controlled substances. His proposed registered address was at the LDS 
Hospital, 8th Avenue & C Street, Salt Lake City, Utah 84143. The 
application indicated Dr. Jones was previously disciplined by the Iowa 
Board of Medical Examiners which, in April 2004, had suspended his Iowa 
license to practice medicine for 30 days and placed it in a 
probationary status upon his completion of a two month residential 
treatment program for opioid dependency.
    According to information in the investigative file, on July 27, 
2004, a Diversion Investigator conducting an inquiry into Dr. Jones 
application was advised by the Utah Department of Commerce, Division of 
Occupational and Professional Licensing, that he did not hold a Utah 
Physician and Surgeon License or state Controlled Substance License. 
Further, there is no evidence before the Deputy Administrator showing 
that Dr. Jones has since been granted a license to practice medicine or 
handle controlled substance 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 Rory Patrick Doyle, M.D., 69 FR 11,655 (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. Jones is not licensed to practice medicine in 
Utah, his state of applied-for-registration and practice, and he is not 
authorized to handle controlled substances in that jurisdiction. 
Therefore, is not entitled to a DEA registration in that state. As a 
result of the finding that Dr. Jones lacks state authorization to 
handle controlled substances in his state of applied-for-registration, 
the Deputy Administrator concludes it is unnecessary to address further 
whether his application should be denied based upon the public interest 
grounds asserted in the Order to Show Cause. See Samuel Silas Jackson, 
D.D.S., 67 FR 67,145 (2002); Nathaniel-Aikens-Afful, M.D., 62 FR 16,871 
(1997); Sam F. Moore, D.V.M., 58 FR 14,428 (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 the 
application for DEA Certificate of Registration submitted by Stephen K. 
Jones, M.D., be, and it hereby is, denied. This order is effective June 
9, 2005.

    Dated: May 2, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-9246 Filed 5-9-05; 8:45 am]
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