[Federal Register Volume 71, Number 101 (Thursday, May 25, 2006)]
[Notices]
[Pages 30173-30174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4840]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Worth S. Wilkinson, M.D.; Revocation of Registration

    On March 1, 2005, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Worth S. Wilkinson, M.D. (Dr. Wilkinson) of 
Shreveport, Louisiana, notifying him of an opportunity to show cause as 
to why DEA should not revoke his DEA Certification of Registration 
BW2217974 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. Wilkinson is not currently authorized to practice medicine or 
handle controlled substances in Louisiana, his state of registration 
and practice. The Order to Show Cause also notified Dr. Wilkinson 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. Wilkinson 
at his registered address at 729 Wichita Street, Shreveport, Louisiana 
71101 and to his residence at 700 Delaware, Shreveport, Louisiana 
71101. According to the return receipt the Order to Show Cause sent to 
his home was received by Dr. Wilkinson on March 9, 2005. DEA has not 
received a request for hearing or any other reply from Dr. Wilkinson or 
anyone purporting to represent him in this matter.
    Therefore, the Deputy Administrator of DEA, finding that thirty 
days having passed since the delivery of the Order to Show Cause to the 
registrant and no request for hearing having been received, concludes 
that Dr. Wilkinson is deemed to have waived his hearing right. See 
Thomas J. Mulhearn, III, M.D., 70 FR 24625 (2005); James E. Thomas, 
M.D., 70 FR 3564 (2005); Steven A. Barnes, M.D., 69 FR 51474 (2004); 
David W. Linder, 67 FR 12579 (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. Wilkinson currently possesses 
DEA Certificate of Registration BW2217974, as a practitioner authorized 
to handle controlled substances in Schedules IV-V. The Deputy 
Administrator further finds that on October 29, 2004, the Louisiana 
State Board of Medical Examiners (Louisiana Board) issued an Opinion 
and Ruling suspending Dr. Wilkinson's license to practice medicine in 
Louisiana.
    That suspension was based upon the Louisiana Board's conclusion 
that Dr. Wilkinson was in need of further testing and evaluation for 
alcohol abuse and his apparent physical and mental inability to 
practice medicine with reasonable skill and safety to his patients.
    The investigative file contains no evidence that the Louisiana 
Board's Opinion and Ruling has been stayed, modified or terminated or 
that Dr. Wilkinson's medical license has been reinstated. Therefore, 
the Deputy Administrator finds Dr. Wilkinson is not currently 
authorized to practice medicine in the State of Louisiana. 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 11661 (2004); Dominick A. Ricci, 
M.D., 58 FR 51104 (1993); Bobby Watts,

[[Page 30174]]

M.D., 53 FR 11919 (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 22562 (2004); Anne 
Lazar Thorn, M.D., 62 FR 847 (1997).
    Here, it is clear Dr. Wilkinson's medical license has been 
suspended and he is not currently licensed to handle controlled 
substances in Louisiana, 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 BW2217974, issued to Worth S. Wilkinson, 
M.D., be, and it hereby is, revoked. The Deputy Administrator further 
orders that any pending applications for renewal or modifications of 
such registration be, and they hereby are, denied. This order is 
effective June 26, 2006.

    Dated: July 6, 2005.
Michael M. Leonhart,
Deputy Administrator.

    Editorial note: This document was received at the Office of the 
Federal Register May 19, 2006.

[FR Doc. 06-4840 Filed 5-24-06; 8:45 am]
BILLING CODE 4410-09-M