[Federal Register Volume 70, Number 108 (Tuesday, June 7, 2005)]
[Notices]
[Page 33194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11245]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Robert M. Canon, M.D., Revocation of Registration

    On February 11, 2005, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Robert M. Canon, M.D. (Dr. Canon) of Tullahoma, 
Tennessee, notifying him of an opportunity to show cause as to why DEA 
should not revoke his DEA Certificate of Registration AC2221707 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. Canon is 
not currently authorized to practice medicine or handle controlled 
substances in Tennessee, his state of registration and practice. The 
Order to Show Cause also notified Dr. Canon 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. Canon at 
his registered address at 600 East Carroll Street, Tullahoma, Tennessee 
37388. However, that letter was unclaimed by Dr. Canon and eventually 
returned by postal authorities to DEA, as he apparently did not provide 
the post office a forwarding address. DEA has not received a request 
for hearing or any other reply from Dr. Canon or anyone purporting to 
represent him in this matter.
    Therefore, the Deputy Administrator of DEA, finding that thirty 
days having passed since the attempted delivery of the Order to Show 
Cause to the registrant's address of record and no request for hearing 
having been received, concludes that Dr. Canon is deemed to have waived 
his hearing right. See Thomas J. Mulhearn, III, M.D., 70 FR 24,625 
(2005); James E. Thomas, M.D., 70 FR 3,654 (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. Canon currently possesses DEA 
Certificate of Registration AC2221707, as a practitioner authorized to 
handle controlled substances. The Deputy Administrator further finds 
that on August 18, 2004, the State of Tennessee Board of Medical 
Examiners (Tennessee Board) issued an Order suspending Dr. Canon's 
license to practice medicine in Tennessee.
    That suspension was based upon the Tennessee Board's findings that 
on March 1, 2004, Dr. Canon was convicted in the United States District 
Court for the Eastern District of Tennessee of 95 felony counts of 
False Statements Relating to a Healthcare Matter and Health Care Fraud, 
in violation of 18 U.S.C. 1035 and 1347. He was sentenced to 41 months 
imprisonment on each count, to be served concurrently and was ordered 
to pay over three million dollars in restitution. That judgment is 
currently on appeal to the United States Court of Appeals for the Sixth 
Circuit and Dr. Canon is free on bond pending resolution of his appeal. 
The Tennessee Board's Order provides that the suspension of Dr. Canon's 
medical license is to remain in effect until his criminal case has been 
fully adjudicated.
    The investigative file contains no evidence that the Tennessee 
Board's Order has been stayed, modified or terminated or that Dr. 
Canon's medical license has been reinstated. Therefore, the Deputy 
Administrator finds Dr. Canon is not currently authorized to practice 
medicine in the State of Tennessee. 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). 
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); Anne Lazar Thorn, M.D. 62 FR 847 (1997).
    Here, it is clear Dr. Canon's medical license has been suspended 
and he is not currently licensed to handle controlled substances in 
Tennessee, 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 AC2221707, issued to Robert M. Canon, 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 
July 7, 2005.

    Dated: May 24, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-11245 Filed 6-6-05; 8:45 am]
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