[Federal Register Volume 70, Number 108 (Tuesday, June 7, 2005)]
[Notices]
[Pages 33194-33195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11247]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 03-025]


Carlin Paul Graham, Jr., M.D. Revocation of Registration

    On November 8, 2004, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Carlin Paul Graham, Jr., (Respondent) of 
Talladega, Alabama, notifying him of an opportunity to show cause as to 
why DEA should not revoke his DEA Certificate of Registration BG2476186 
as a practitioner pursuant to 21 U.S.C. 824(a) 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 Respondent's license to practice medicine in Alabama had 
been indefinitely suspended and he was no longer authorized to handle 
controlled substances in that state.
    Respondent, through counsel, timely requested a hearing in this 
matter. One January 19, 2005, the Presiding Administrative Law Judge 
Gail A. Randall (Judge Randall) issued the Government, as well as 
Respondent, an Order for Prehearing Statements.
    In lieu of filing a prehearing statement, the Government filed a 
Request for Stay of Proceedings and

[[Page 33195]]

Motion for Summary Disposition (Motion). In that Motion the Government 
asserted the Medical Licensure Commission of Alabama (Alabama 
Commission), had indefinitely suspended Respondent's Alabama State 
Medical License and, as a result, he was no longer authorized to handle 
controlled substances in the state where he is registered with DEA. 
Attached to the Government's Motion was a copy of the Alabama 
Commission's Order dated October 30, 2003, indefinitely suspending 
Respondent's medical license.
    On January 31, 2005, Judge Randall issued an order allowing 
Respondent until February 22, 2005, to respond to the Government's 
Motion. Respondent did not file any response and on March 25, 2005, 
Judge Randall issued her Order, Opinion and Recommended Decision of the 
Administrative Law Judge (Opinion and Recommended Decision). In it, she 
granted the Government's Motion, finding Respondent lacked 
authorization to handle controlled substances in his state of DEA 
registration and recommended that his registration be revoked.
    No exceptions were filed by either party to the Opinion and 
Recommended Decision and on April 26, 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 Respondent currently holds DEA 
Certificate of Registration BG2476186 as a practitioner and that on 
October 30, 2003, the Alabama Commission indefinitely suspended his 
license to practice medicine in that State. The suspension was 
predicated on the Commission's findings that Respondent engaged in 
unprofessional conduct, had staff privileges terminated, revoked or 
restricted by a hospital and was ``unable to practice medicine with 
reasonable skill and safety to patients by reason of illness or as a 
result of a mental or physical condition.''
    The Deputy Administrator's therefore finds Respondent is currently 
not licensed to practice medicine in Alabama 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 Alabama, the jurisdiction in which he holds 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 0.014, hereby orders that DEA 
Certificate of Registration BG2476186, issued to Carlin Paul Graham 
Jr., 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 25, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-11247 Filed 6-6-05; 8:45 am]
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