[Federal Register Volume 70, Number 248 (Wednesday, December 28, 2005)]
[Notices]
[Pages 76868-76869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24497]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 04-63]


Donley D. Siddall, M.D.; Revocation of Registration

    On June 28, 2004, the Deputy Administrator of the Drug Enforcement 
Administration (DEA) issued an Order to Show Cause to Donley D. 
Siddall, M.D. (Respondent) of Collegedale, Tennessee. The Order to Show 
Cause notified the Respondent of an opportunity to show cause as to why 
DEA should not revoke his DEA Certificate of Registration, AS691100, 
under 21 U.S.C. 824(a)(3), and deny any pending application for renewal 
of that registration pursuant to 21 U.S.C. 823(f). The Order to Show 
Cause further informed the Respondent of the immediate suspension of 
his registration, alleging that his continued registration would 
constitute an imminent danger to the public health and safety, pursuant 
to 21 U.S.C 824(d).
    Specifically, the Order to Show Cause alleged in relevant part that 
effective January 7, 2004 the Tennessee Board of Medical Examiners 
(Tennessee Board) revoked Respondent's license to practice medicine in 
that state and as a result, he is not currently authorized to handle 
controlled substances in Tennessee.
    By letter dated August 6, 2004, the Respondent, through his legal 
counsel, timely requested a hearing in this matter. As part of his 
hearing request, the Respondent asserted that ``* * * [t]he Tennessee 
Board * * * wrongly revoked [his] medical license * * *.'' On August 
26, 2004, the presiding Administrative Law Judge Gail A. Randall (Judge 
Randall) issued to counsel for DEA as well as the Respondent on Order 
for Prehearing Statements.
    In lieu of filing a Pre-hearing Statement, counsel for DEA filed 
Government's Request for Stay of Proceedings and Motion for Summary 
Disposition on September 9, 2004. In its motion, the Government recited 
the primary allegation raised in the Order to Show Cause regarding the 
January 7, 2004 revocation of the Respondent's Tennessee medical 
license. In support of its motions, the Government attached a copy of 
the aforementioned revocation order of the Tennessee Board. 
Accordingly, the Government argued that a motion for summary 
disposition is appropriate in this matter and Respondent's DEA 
Certificate of Registration should be revoked.
    On September 29, 2004, counsel for the Respondent filed a Response 
In Opposition to the Government's Motion for Summary Disposition. In 
his reply brief, the Respondent argued in relevant part that any action 
by DEA to dismiss Respondent's right to a hearing would be 
``premature'' since the matter involving the appropriateness of the 
Tennessee Board's revocation action was being reviewed in state courts. 
The Respondent also requested that DEA stay the current administrative 
action until the Tennessee state courts have reached a final decision 
regarding his state medical license. While he further argued in his 
reply brief that the Tennessee Board's revocation action was conducted 
``* * * in an arbitrary and capricious manner'', and that the matter 
was pending review before the Tennessee courts, the Respondent 
nevertheless did not deny that he is currently without authorization to 
handle controlled substances in Tennessee, the state in which he 
currently holds a DEA registration.
    On November 4, 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 and found that 
the Respondent lacked authorization to handle controlled substances in 
Tennessee. In granting the Government's motion, Judge Randall also 
recommended that the Respondent's DEA registration be revoked. No 
exceptions were filed by either party to Judge Randall's Opinion and 
Recommended Decision, and on December 7, 2004, 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 the Respondent currently 
possesses DEA Certificate of Registration AS6911007, and is registered 
to handle controlled substances at a location in Collegedale, 
Tennessee. As outlined above, the Respondent is currently without 
authorization to practice medicine in Tennessee following the January 
7, 2004, revocation of his state medical license. Notwithstanding the 
Respondent's request that the DEA administrative matter be stayed 
pending a resolution of his appeal of the Tennessee Board's revocation 
order, there is no evidence before the Deputy Administrator that the 
Respondent has been granted reinstatement of his Tennessee medical 
license. Therefore, it is reasonable to conclude that without the 
ability to practice medicine, the Respondent also lacks authorization 
to handle controlled substances in Tennessee.
    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

[[Page 76869]]

upheld. See James Marvin Goodrich, M.D., 70 FR 24619 (2005); Dominick 
A. Ricci, M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 
(1988).
    Here, it is clear that the Respondent's state medical license has 
been revoked and there is no information before the Deputy 
Administrator which points to a rescission or modification of the 
Tennessee Board's revocation order. As a result, the Respondent is not 
licensed to handle controlled substances in Tennessee, where he is 
registered with DEA. Therefore, he is not entitled to maintain that 
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 0.014, hereby orders that DEA 
Certificate of Registration, AS6911007, issued to Donley D. Siddall, 
M.D., be, and is 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 January 27, 2006.

    Dated: December 15, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-24497 Filed 12-27-05; 8:45am]
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