Federal
Register Notices > Registrant
Actions - 2005 >
Robert M. Canon, M.D., Revocation of Registration
FR Doc 05-11245 [Federal Register: June 7, 2005 (Volume 70, Number 108)]
[Notices] [Page 33194] From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jn05-82]
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Robert M. Canon, M.D., Revocation of Registration
On February 11, 2005, the Deputy Assistant Administrator, Office of Diversion
Control, Drug Enforcement Administration (DEA), issued an Order to Show Cause to
Robert M. Canon, M.D. (Dr. Canon) of Tullahoma, Tennessee, notifying him of an
opportunity to show cause as to why DEA should not revoke his DEA Certificate of
Registration AC2221707 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. Canon is not currently authorized to practice medicine or handle
controlled substances in Tennessee, his state of registration and practice. The
Order to Show Cause also notified Dr. Canon 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. Canon at his
registered address at 600 East Carroll Street, Tullahoma, Tennessee 37388.
However, that letter was unclaimed by Dr. Canon and eventually returned by
postal authorities to DEA, as he apparently did not provide the post office a
forwarding address. DEA has not received a request for hearing or any other
reply from Dr. Canon or anyone purporting to represent him in this matter.
Therefore, the Deputy Administrator of DEA, finding that thirty days having
passed since the attempted delivery of the Order to Show Cause to the
registrant's address of record and no request for hearing having been received,
concludes that Dr. Canon is deemed to have waived his hearing right. See Thomas
J. Mulhearn, III, M.D., 70 FR 24,625 (2005); James E. Thomas, M.D., 70 FR 3,654
(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. Canon currently possesses DEA Certificate
of Registration AC2221707, as a practitioner authorized to handle controlled
substances. The Deputy Administrator further finds that on August 18, 2004, the
State of Tennessee Board of Medical Examiners (Tennessee Board) issued an Order
suspending Dr. Canon's license to practice medicine in Tennessee.
That suspension was based upon the Tennessee Board's findings that on March
1, 2004, Dr. Canon was convicted in the United States District Court for the
Eastern District of Tennessee of 95 felony counts of False Statements Relating
to a Healthcare Matter and Health Care Fraud, in violation of 18 U.S.C. 1035 and
1347. He was sentenced to 41 months imprisonment on each count, to be served
concurrently and was ordered to pay over three million dollars in restitution.
That judgment is currently on appeal to the United States Court of Appeals for
the Sixth Circuit and Dr. Canon is free on bond pending resolution of his
appeal. The Tennessee Board's Order provides that the suspension of Dr. Canon's
medical license is to remain in effect until his criminal case has been fully
adjudicated.
The investigative file contains no evidence that the Tennessee Board's Order
has been stayed, modified or terminated or that Dr. Canon's medical license has
been reinstated. Therefore, the Deputy Administrator finds Dr. Canon is not
currently authorized to practice medicine in the State of Tennessee. 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). 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); Anne Lazar Thorn, M.D. 62 FR 847 (1997).
Here, it is clear Dr. Canon's medical license has been suspended and he is
not currently licensed to handle controlled substances in Tennessee, 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 AC2221707, issued to Robert M. Canon, 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 July 7, 2005.
Dated: May 24, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-11245 Filed 6-6-05; 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).
|