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James Marvin Goodrich, M.D. Revocation of Registration
FR Doc 05-9250 [Federal Register: May 10, 2005 (Volume 70, Number 89)]
[Notices] [Page 24619-24620] From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10my05-105]
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 05-5]
James Marvin Goodrich, M.D. Revocation of Registration
On October 24, 2004, the Deputy Assistant Administrator, Office of Diversion
Control, Drug Enforcement Administration (DEA), issued an Order to Show Cause to
James Marvin Goodrich, M.D. (Dr. Goodrich) of Springfield, Illinois, notifying
him of an opportunity to show cause as to why DEA should not revoke his DEA
Certificate of Registration, BG0644244, as a practitioner, pursuant to 21
U.S.C. 824(a)(3) and (a)(4) 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,
in part, that Dr. Goodrich's Illinois state license to handle controlled
substances had expired and accordingly, he was not authorized to handle
controlled substances in Illinois, the state in which he is registered.
On November 8, 2004, Dr. Goodrich, through counsel, timely requested a
hearing in this matter. On November 15, 2004, Administrative Law Judge Gail A.
Randall (Judge Randall) issued the Government, as well as Dr. Goodrich, an Order
for Prehearing Statements.
In lieu of filing a prehearing statement, the Government filed a Motion for
Summary Disposition, asserting that Dr. Goodrich's Illinois controlled substance
license had expired without being renewed and he was without authorization to
handle controlled substances in that State. As a result, the Government argued
that further proceedings in the matter were not required. Attached to the
Government's motion was a copy of a Certification of Licensure, issued on
November 18, 2004, by the Illinois Department of Financial and Professional
Regulation, Division of Professional Regulation. That document showed Dr.
Goodrich's Licensed Physician Controlled Substances, License No. 336054605, had
expired on July 31, 2002, without being renewed.
On November 30, 2004, Judge Randall issue an Order and Notice providing Dr.
Goodrich an opportunity to respond to the Government's motion. On December 21,
2004, counsel for Dr. Goodrich filed a response in which he acknowledged
Respondent was without authority to handle controlled substances in Illinois as
a result of the failure to renew his state controlled sustance license. Counsel
further stated they would not object to disposition based on that ground.
December 29, 2004, Judge Randall issued her 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, finding Dr. Goodrich lacked authorization to handle
controlled substances in Illinois, the jurisdiction in which he is registered.
Judge Randall recommended that Dr. Goodrich's DEA registration be revoked on the
basis that he lacks state authority to handle controlled substances.
No exceptions were filed by either party to the Opinion and Recommended
Decision and on February 2, 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 Dr. Goodrich holds DEA Certificate of
Registration, BG0644244, as a practitioner. The Deputy Administrator further
finds that Dr. Goodrich's Illinois controlled substance license expired on July
31, 2002, and there is no evidence in the record indicating it has been renewed
or reinstated. Therefore, the Deputy Administrator finds Dr. Goodrich is
currently not licensed 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 Kanwaljit S. Serai, M.D., 68 FR 48,943 (2003); Dominick a Ricci,
M.D., 58 FR 51,104 (1993); Bobby Watts, M.D., 53 FR 11,919 (1988).
Here, it is clear Dr. Goodrich is not currently licensed to handle controlled
substances in Illinois, where he is registered with DEA. Therefore, he is not
entitled to maintain that registration. Because Dr. Goodrich is not entitled to
a DEA registration in Illinois due to lack of state authorization to handle
controlled substances, the Deputy Administrator concludes it is unnecessary to
address whether Dr. Goodrich's registration should be revoked based upon the
remaining public interest grounds asserted in the Order to Show Cause. See
Fereida Walker-Graham, M.D., 68 FR 24,761 (2003); Nathaniel-Aikens- Afful, M.D.,
62 FR 16,871 (1997); Sam F. Moore, D.V.M., 58 FR 14,428 (1993).
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 Certificte of
Registration, BG0644244, issued to James Marvin Goodrich, 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 June 9, 2005.
[[Page 24620]]
Dated: May 2, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-9250 Filed 5-9-05; 8:45 am]
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