Federal
Register Notices > Registrant
Actions - 2005 > Thomas J.
Mulhearn, III, M.D.; Revocation of Registration
FR Doc 05-9245 [Federal Register: May 10, 2005 (Volume 70, Number 89)]
[Notices] [Page 24625-24626] From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10my05-109]
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Thomas J. Mulhearn, III, M.D.; Revocation of Registration
On August 20, 2004, the Deputy Assistant Administrator, Office of Diversion
Control, Drug Enforcement Administration (DEA), issued an Order to Show Cause to
Thomas J. Mulhearn, III, M.D. (Dr. Mulhearn) of Monroe,
[[Page 24626]]
Louisiana, notifying him of an opportunity to show cause as to why DEA should
not revoke his DEA Certificate of Registration BM7570636 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. Mulhearn 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. Mulhearn 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. Mulhearn at his
registered address at 1207 Royal Avenue, Monroe, Louisiana 71201. However, that
letter was unclaimed. It was then forwarded by the United States Postal Service
to 91 Sidney Street, Apt. 315, Cambridge, Massachusetts 02139-4286, an address
Dr. Mulhearn apparently provided postal authorities as a forwarding address.
However, the forwarded letter was also unclaimed and postal authorities returned
it to DEA. Additional efforts by DEA investigators to locate Dr. Mulhearn's
whereabouts have also been unsuccessful. DEA has not received a request for
hearing or any other reply from Dr. Mulhearn or anyone purporting to represent
him in this matter.
Therefore, the Deputy Administrator of DEA, finding that: (1) Thirty days
having passed since the attempted deliveries of the Order to Show Cause to the
registrant's address of record and his forwarding address; (2) reasonable and
good faith efforts to locate him have been unsuccessful; and (3) no request for
hearing having been received, concludes that Dr. Mulhearn is deemed to have
waived his hearing right. See James E. Thomas, M.D., 70 FR 3,564 (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. Mulhearn currently possesses DEA
Certificate of Registration BM7570636, as a practitioner, authorized to handle
Schedule V controlled substances. The Deputy Administrator further finds that on
November 29, 2003, the Louisiana State Board of Medical Examiners (Louisiana
Board) issued an Order revoking Dr. Mulhearn's license to practice medicine in
Louisiana. The revocation was based upon the Board's findings that Dr. Mulhearn
committed professional misconduct due to personal substance abuse, failed to
adhere to the conditions of a previous suspension and treatment program and was "unable
to practice medicine with reasonable skill and safety to patients because of
mental illness or deficiency, and/or excessive use or abuse of drugs, including
alcohol.''
The investigative file contains no evidence the Louisiana Board's Order has
been stayed, modified or terminated or that Dr. Mulhearn's medical license has
been reinstated. Therefore, the Deputy Administrator finds Dr. Mulhearn 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
11,661 (2004); Dominick A. Ricci, M.D., 58 FR 51,104 (1993); Bobby Watts, M.D.,
53 FR 11,919 (1988).
Here, it is clear Dr. Mulhearn's medical license has been revoked 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
BM7570636, issued to Thomas J. Mulhearn, III, M.D., be, and it hereby is,
revoked. The Deputy Administrator further orders that any pending applications
for renewal of such registration be, and they hereby are, denied. This order is
effective June 9, 2005.
Dated: May 2, 2005.
Michele M. Leonart,
Deputy Administrator.
[FR Doc. 05-9245 Filed 5-9-05; 8:45 am]
BILLING CODE 4410-09-M
NOTICE: This is an
unofficial version. An official version of these publications may be obtained
directly from the Government Printing Office (GPO).
|