Federal
Register Notices > Registrant
Actions - 2005 >
Lance L. Gooberman, M.D.; Denial of Registration
FR Doc 05-9834 [Federal Register: May 18, 2005 (Volume 70, Number 95)]
[Notices] [Page 28579-28580] From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18my05-108]
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 04-30]
Lance L. Gooberman, M.D.; Denial of Registration
On March 15, 2004, the Deputy Assistant Administrator, Office of Diversion
Control, Drug Enforcement Administration (DEA), issued an Order to Show Cause to
Lance L. Gooberman, M.D. (Dr. Gooberman), notifying him of an opportunity to
show cause as to why DEA should not revoke his DEA Certificate of Registration,
AG9773703, 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).
The Order to Show Cause alleged that Dr. Gooberman's license to practice
medicine in New Jersey, where he was registered, had been suspended by the State
of New Jersey, Board of Medical Examiners (New Jersey Board) and he was not
authorized to handle controlled substances in that state.
On April 13, 2004, Dr. Gooberman, acting pro se, requested a hearing and on
April 20, 2004, Administrative Law Judge Gail A. Randall (Judge Randall) issued
an Order for Prehearing Statements. On July 7, 2004, in response to a Government
motion for Consolidation, Judge Randall ordered Dr. Gooberman's case
consolidated with the pending case of David W. Bradway, M.D. (Docket No. 04-27].
Dr. Bradway had been in practice with Dr. Gooberman and they had been
disciplined by the New Jersey Board in a joint proceeding, for the same
professional misconduct.
After authorized delays, on September 8, 2004, counsel for the Government
filed a Motion for Summary Disposition. It alleged that on July 14, 2004, the
Commonwealth of Pennsylvania, Department of State, State Board of Medicine
(Pennsylvania Board) issued an Adjudication and Order suspending Dr. Gooberman's
Pennsylvania medical license. That action was predicated on the New Jersey
Board's Final Order of March 10, 2003, which suspended Dr. Gooberman's New
Jersey medical license for a period of two years from the Order's effective date
of June 19, 2003. The Government attached a copy of both the Pennsylvania and
New Jersey Orders and argued that, since Dr. Dooberman's licenses to practice
medicine in New Jersey and Pennsylvania were both suspended, he was not
authorized to handle controlled substances in the jurisdiction of his
registration and ineligible for a modification of location to Pennsylvania.
Judge Randall issued an order allow Dr. Gooberman to respond to the
Government's motion. Having noticed that Dr. Gooberman's DEA Certificate of
Registration had expired prior to initiation of the show cause proceedings, she
also directed the Government to address the impact of its apparent expiration.
The Government replied that Dr. Gooberman submitted a renewal application one
week before his registration's expiration. On the application, Dr. Gooberman
noted he had left New Jersey and requested a change in registered location to an
address in Pennsylvania. Judge Randall agreed with the Government that Dr.
Gooberman's New Jersey registration was terminated by operation of law and that
his request for an address modification must be treated as an application for
registration in Pennsylvania. See 21
CFR 1301.51 and 1301.52.
The Government argued Dr. Gooberman's application was thus still pending
before the administrative law judge and, based on lack of state authority to
handle controlled substances in Pennsylvania, the Government moved for summary
disposition. When Dr. Gooberman was given an opportunity to respond, he
acknowledged his New Jersey and Pennsylvania licenses were suspended and that he
did not ``have a basis on which to hold a DEA Certificate of reigstration at
this time.'' Thus, he did not oppose the Government's motion.
On October 14, 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, finding Dr. Gooberman's New Jersey DEA registration had
terminated by operation of law and he lacked authorization to handle controlled
substances in Pennsylvania, the jurisdiction where he was seeking registration.
In granting the Government's motion, Judge Randall recommended that Dr.
Gooberman's application to renew and modify his registration be denied. No
exceptions to the Opinion and Recommended Decision were filed and on November
23, 2004, Judge Randall forwarded her Opinion and Recommended Decision to the
Deputy Administrator for final order pursuant to 21
CFR 1316.65(c).
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 Dr. Gooberman currently possesses DEA
Certificate of Registration AG9773703, as a practitioner in schedules II through
V, with a registered location in Merchantville, New Jersey. On September 30,
2003, that registration was due to expire. However, a week earlier, Dr.
Gooberman submitted a renewal application, requesting a change to a Pennsylvania
location. Because Dr. Gooberman had abandoned his New Jersey registered
location, Certificate of Registration AG9773703 was terminated under 21
CFR 1301.52.
The Deputy Administrator finds Dr. Gooberman's license to practice medicine
in New Jersey was suspended by the New Jersey Board's Final Order of March 10,
2003, and his Pennsylvania license was suspended by the Pennsylvania Board's
Adjudication and Order of July 14, 2004. There is no evidence before the Deputy
Administrator that either the New Jersey or Pennsylvania Orders have been
lifted, stayed or modified. Therefore, the Deputy Administrator finds Dr.
Gooberman is currently not licensed to practice medicine in either New Jersey or
Pennsylvania. As a result, it is reasonable to infer he is also without
authorization to handle controlled substances in either state.
[[Page 28580]]
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 51104 (1993); Bobby Watts, M.D., 53 FR 11,919 (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 22,562 (2004);
Ann Lazar Thorn, M.D., 62 FR 847 (1997)
Here, it is clear Dr. Goobermen is not currently licensed to handle
controlled substances in Pennsylvania, where he seeks registration with DEA.
Therefore, he is not entitled to such a 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 0.104, hereby orders that the pending application of
Lance L. Gooberman, M.D., for registration be, and it hereby is, denied. This
order is effective June 17, 2005.
Dated: May 9, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-9834 Filed 5-17-05; 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).
|