[Federal Register Volume 70, Number 108 (Tuesday, June 7, 2005)]
[Notices]
[Pages 33206-33207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11243]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 05-9]


Roger A. Rodriguez, M.D., Denial of Registration

    On October 8, 2004, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Roger A. Rodriguez, M.D. (Respondent) of Peoria, 
Illinois, notifying him of an opportunity to show cause as to why DEA 
should not deny his application for a DEA Certificate of Registration 
as a practitioner pursuant to 21 U.S.C. 823(f).
    As a basis for denial, the Order to Show Cause alleged, in 
substance, that Respondent: (1) Issued prescriptions and dispensed 
controlled substances to undercover law enforcement personnel on 
multiple occasions without an adequate physical examination or bona 
fide medical reason; (2) failed to maintain required controlled 
substance records; and (3) surrendered a prior DEA registration on June 
19, 2003, and then used another practitioner's DEA registration number 
to issue a prescription for controlled substances.
    Respondent, through counsel, timely requested a hearing in this 
matter. On November 22, 2004, the Presiding Administrative Law Judge 
Mary Ellen Bittner (Judge Bittner) issued the Government, as well as 
Respondent, an Order for Prehearing Statements.
    In lieu of filing a prehearing statement, the Government filed a 
Motion for Summary Disposition. In its motion the Government asserted 
that as of December 20, 2004, Respondent was no longer authorized to 
handle controlled substances in Illinois, his state of applied-for 
registration. As a result, further proceedings in this matter were not 
required. Attached to the Government's motion was a copy of the 
Illinois Department of Financial and Professional Regulation, Division 
of Professional Regulation (Illinois Board) Order dated December 20, 
2004. That Order temporarily suspended Respondent's Illinois medical 
license and state Controlled Substances Registration, pending further 
proceedings before the Illinois Board.
    On January 4, 2005, Judge Bittner issued a Memorandum to Counsel 
providing Respondent until January 18, 2005, to respond to the 
Government's motion. Respondent then filed a motion on January 14, 
2005, seeking an extension of time to file his response to the 
Government's motion. In it, he claimed there was a hearing scheduled 
before the Illinois Board on January 18, 2005, which could impact the 
suspension order. Over the Government's objections, Judge Bittner 
granted Respondent an extension until February 8, 2005, to file his 
response.
    On February 8, 2005, Respondent filed his Response to the Motion 
for Summary Disposition. In that response he did not contest that his 
medical and controlled substance licenses were then-suspended, but 
asserted he was in negotiations with the Illinois Board that might 
result in an agreed-to four-month suspension of his medical license. 
Respondent asked Judge Bittner to stay action on the Government's 
motion until the state disciplinary proceeding was resolved.
    On February 16, 2005, Judge Bittner issued her Opinion and 
Recommended Decision of the Administrative Law Judge (Opinion and 
Recommended Decision). As part of her recommended ruling, Judge Bittner 
denied Respondent's request to stay the proceedings and granted the 
Government's Motion for Summary Disposition, finding Respondent lacked 
authorization to handle controlled substances in Illinois, the 
jurisdiction

[[Page 33207]]

where he was applying for registration. Judge Bittner recommended that 
Respondent's application for a DEA Certificate of Registration be 
denied.
    No exceptions were filed by either party to Judge Bittner's Opinion 
and Recommended Decision and on March 22, 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 Respondent previously held DEA 
Certificate of Registration BR4105032, which he surrendered on June 19, 
2003, while a Federal Search Warrant was being executed upon his 
medical office. Three weeks later, Respondent filed the application for 
DEA registration which is the subject of these proceedings.
    The Deputy Administrator further finds that, effective December 20, 
2004, Respondent's license to practice medicine in Illinois and his 
Illinois Controlled Substances Registration were temporarily suspended, 
pending further proceedings, after the Illinois Board found ``the 
public interest, safety, and welfare imperatively require emergency 
action to prevent the continued practice of the Respondent, in that 
Respondent's actions constitute an immediate danger to the public.'' 
The Illinois Board's action was based primarily on the facts alleged in 
DEA's Order to Show Cause, coupled with Respondent's violation of an 
Agreement of Care, Counseling and Treatment, which he had entered into 
with state authorities.
    The Deputy Administrator therefore finds Respondent is currently 
not licensed to practice medicine in Illinois and lacks 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). 
Denial or revocation is also appropriate when a state license has been 
suspended, but with the possibility of future reinstatement. See 
Paramabaloth Edwin, M.D., 69 FR 58,540 (2004); Alton E. Ingram, Jr., 
M.D., 69 FR 22,562 (2004); Anne Lazar Thorn, M.D., 62 FR 847 (1997).
    Here, it is clear Respondent is not currently licensed to handle 
controlled substances in Illinois, the jurisdiction in which he has 
applied for a DEA registration. Therefore, he is not entitled to 
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 the 
application for a DEA Certificate of Registration submitted by Roger A. 
Rodriguez, M.D., be, and it hereby is, denied. This order is effective 
July 7, 2005.

    Dated: May 25, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-11243 Filed 6-6-05; 8:45 am]
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