[Federal Register Volume 70, Number 95 (Wednesday, May 18, 2005)]
[Notices]
[Pages 28579-28580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9834]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 04-30]


Lance L. Gooberman, M.D.; Denial of Registration

    On March 15, 2004, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Lance L. Gooberman, M.D. (Dr. Gooberman), 
notifying him of an opportunity to show cause as to why DEA should not 
revoke his DEA Certificate of Registration, AG9773703, 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).
    The Order to Show Cause alleged that Dr. Gooberman's license to 
practice medicine in New Jersey, where he was registered, had been 
suspended by the State of New Jersey, Board of Medical Examiners (New 
Jersey Board) and he was not authorized to handle controlled substances 
in that state.
    On April 13, 2004, Dr. Gooberman, acting pro se, requested a 
hearing and on April 20, 2004, Administrative Law Judge Gail A. Randall 
(Judge Randall) issued an Order for Prehearing Statements. On July 7, 
2004, in response to a Government motion for Consolidation, Judge 
Randall ordered Dr. Gooberman's case consolidated with the pending case 
of David W. Bradway, M.D. (Docket No. 04-27]. Dr. Bradway had been in 
practice with Dr. Gooberman and they had been disciplined by the New 
Jersey Board in a joint proceeding, for the same professional 
misconduct.
    After authorized delays, on September 8, 2004, counsel for the 
Government filed a Motion for Summary Disposition. It alleged that on 
July 14, 2004, the Commonwealth of Pennsylvania, Department of State, 
State Board of Medicine (Pennsylvania Board) issued an Adjudication and 
Order suspending Dr. Gooberman's Pennsylvania medical license. That 
action was predicated on the New Jersey Board's Final Order of March 
10, 2003, which suspended Dr. Gooberman's New Jersey medical license 
for a period of two years from the Order's effective date of June 19, 
2003. The Government attached a copy of both the Pennsylvania and New 
Jersey Orders and argued that, since Dr. Dooberman's licenses to 
practice medicine in New Jersey and Pennsylvania were both suspended, 
he was not authorized to handle controlled substances in the 
jurisdiction of his registration and ineligible for a modification of 
location to Pennsylvania.
    Judge Randall issued an order allow Dr. Gooberman to respond to the 
Government's motion. Having noticed that Dr. Gooberman's DEA 
Certificate of Registration had expired prior to initiation of the show 
cause proceedings, she also directed the Government to address the 
impact of its apparent expiration.
    The Government replied that Dr. Gooberman submitted a renewal 
application one week before his registration's expiration. On the 
application, Dr. Gooberman noted he had left New Jersey and requested a 
change in registered location to an address in Pennsylvania. Judge 
Randall agreed with the Government that Dr. Gooberman's New Jersey 
registration was terminated by operation of law and that his request 
for an address modification must be treated as an application for 
registration in Pennsylvania. See 21 CFR 1301.51 and 1301.52.
    The Government argued Dr. Gooberman's application was thus still 
pending before the administrative law judge and, based on lack of state 
authority to handle controlled substances in Pennsylvania, the 
Government moved for summary disposition. When Dr. Gooberman was given 
an opportunity to respond, he acknowledged his New Jersey and 
Pennsylvania licenses were suspended and that he did not ``have a basis 
on which to hold a DEA Certificate of reigstration at this time.'' 
Thus, he did not oppose the Government's motion.
    On October 14, 2004, Judge Randall issued her Order, 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. 
Gooberman's New Jersey DEA registration had terminated by operation of 
law and he lacked authorization to handle controlled substances in 
Pennsylvania, the jurisdiction where he was seeking registration.
    In granting the Government's motion, Judge Randall recommended that 
Dr. Gooberman's application to renew and modify his registration be 
denied. No exceptions to the Opinion and Recommended Decision were 
filed and on November 23, 2004, Judge Randall forwarded her Opinion and 
Recommended Decision to the Deputy Administrator for final order 
pursuant to 21 CFR 1316.65(c).
    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 Dr. Gooberman currently possesses 
DEA Certificate of Registration AG9773703, as a practitioner in 
schedules II through V, with a registered location in Merchantville, 
New Jersey. On September 30, 2003, that registration was due to expire. 
However, a week earlier, Dr. Gooberman submitted a renewal application, 
requesting a change to a Pennsylvania location. Because Dr. Gooberman 
had abandoned his New Jersey registered location, Certificate of 
Registration AG9773703 was terminated under 21 CFR 1301.52.
    The Deputy Administrator finds Dr. Gooberman's license to practice 
medicine in New Jersey was suspended by the New Jersey Board's Final 
Order of March 10, 2003, and his Pennsylvania license was suspended by 
the Pennsylvania Board's Adjudication and Order of July 14, 2004. There 
is no evidence before the Deputy Administrator that either the New 
Jersey or Pennsylvania Orders have been lifted, stayed or modified. 
Therefore, the Deputy Administrator finds Dr. Gooberman is currently 
not licensed to practice medicine in either New Jersey or Pennsylvania. 
As a result, it is reasonable to infer he is also without authorization 
to handle controlled substances in either state.

[[Page 28580]]

    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 51104 (1993); Bobby Watts, M.D., 53 FR 11,919 (1988). 
Revocation is also appropriate when a State license has been suspended, 
but with possibility of future reinstatement. See Alton E. Ingram, Jr., 
M.D., 69 FR 22,562 (2004); Ann Lazar Thorn, M.D., 62 FR 847 (1997)
    Here, it is clear Dr. Goobermen is not currently licensed to handle 
controlled substances in Pennsylvania, where he seeks registration with 
DEA. Therefore, he is not entitled to such a 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 the 
pending application of Lance L. Gooberman, M.D., for registration be, 
and it hereby is, denied. This order is effective June 17, 2005.

    Dated: May 9, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-9834 Filed 5-17-05; 8:45 am]
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