[Federal Register Volume 70, Number 89 (Tuesday, May 10, 2005)]
[Notices]
[Pages 24619-24620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9250]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 05-5]


James Marvin Goodrich, M.D. Revocation of Registration

    On October 24, 2004, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to James Marvin Goodrich, M.D. (Dr. Goodrich) of 
Springfield, Illinois, notifying him of an opportunity to show cause as 
to why DEA should not revoke his DEA Certificate of Registration, 
BG0644244, as a practitioner, pursuant to 21 U.S.C. 824(a)(3) and 
(a)(4) 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, in part, that Dr. 
Goodrich's Illinois state license to handle controlled substances had 
expired and accordingly, he was not authorized to handle controlled 
substances in Illinois, the state in which he is registered.
    On November 8, 2004, Dr. Goodrich, through counsel, timely 
requested a hearing in this matter. On November 15, 2004, 
Administrative Law Judge Gail A. Randall (Judge Randall) issued the 
Government, as well as Dr. Goodrich, an Order for Prehearing 
Statements.
    In lieu of filing a prehearing statement, the Government filed a 
Motion for Summary Disposition, asserting that Dr. Goodrich's Illinois 
controlled substance license had expired without being renewed and he 
was without authorization to handle controlled substances in that 
State. As a result, the Government argued that further proceedings in 
the matter were not required. Attached to the Government's motion was a 
copy of a Certification of Licensure, issued on November 18, 2004, by 
the Illinois Department of Financial and Professional Regulation, 
Division of Professional Regulation. That document showed Dr. 
Goodrich's Licensed Physician Controlled Substances, License No. 
336054605, had expired on July 31, 2002, without being renewed.
    On November 30, 2004, Judge Randall issue an Order and Notice 
providing Dr. Goodrich an opportunity to respond to the Government's 
motion. On December 21, 2004, counsel for Dr. Goodrich filed a response 
in which he acknowledged Respondent was without authority to handle 
controlled substances in Illinois as a result of the failure to renew 
his state controlled sustance license. Counsel further stated they 
would not object to disposition based on that ground.
    December 29, 2004, Judge Randall issued her Opinion and Recommended 
Decision of the Administrative Law Judge (Opinion and Recommended 
Decision). As part of her recommended ruling, Judge Randall granted the 
Government's Motion for Summary Disposition, finding Dr. Goodrich 
lacked authorization to handle controlled substances in Illinois, the 
jurisdiction in which he is registered. Judge Randall recommended that 
Dr. Goodrich's DEA registration be revoked on the basis that he lacks 
state authority to handle controlled substances.
    No exceptions were filed by either party to the Opinion and 
Recommended Decision and on February 2, 2005, the record of these 
proceedings was transmitted to the Office of the DEA Deputy 
Administrator.
    The Deputy Administrator has considered the record in its entirety 
and pursuant to 21 CFR 1316.67, hereby issues her final order based 
upon findings of fact and conclusions of law as hereinafter set forth. 
The Deputy Administrator adopts, in full, the Opinion and Recommended 
Decision of the Administrative Law Judge.
    The Deputy Administrator finds that Dr. Goodrich holds DEA 
Certificate of Registration, BG0644244, as a practitioner. The Deputy 
Administrator further finds that Dr. Goodrich's Illinois controlled 
substance license expired on July 31, 2002, and there is no evidence in 
the record indicating it has been renewed or reinstated. Therefore, the 
Deputy Administrator finds Dr. Goodrich is currently not licensed 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 Kanwaljit S. Serai, M.D., 68 FR 48,943 (2003); Dominick a Ricci, 
M.D., 58 FR 51,104 (1993); Bobby Watts, M.D., 53 FR 11,919 (1988).
    Here, it is clear Dr. Goodrich is not currently licensed to handle 
controlled substances in Illinois, where he is registered with DEA. 
Therefore, he is not entitled to maintain that registration. Because 
Dr. Goodrich is not entitled to a DEA registration in Illinois due to 
lack of state authorization to handle controlled substances, the Deputy 
Administrator concludes it is unnecessary to address whether Dr. 
Goodrich's registration should be revoked based upon the remaining 
public interest grounds asserted in the Order to Show Cause. See 
Fereida Walker-Graham, M.D., 68 FR 24,761 (2003); 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 DEA 
Certificte of Registration, BG0644244, issued to James Marvin Goodrich, 
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 June 9, 2005.


[[Page 24620]]


    Dated: May 2, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-9250 Filed 5-9-05; 8:45 am]
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