[Federal Register: November 29, 2002 (Volume 67, Number 230)]
[Notices]
[Page 71202-71203]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29no02-125]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Clark G. Triftshauser, M.D., Revocation of Registration
On May 13, 2002, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Clark G. Triftshauser, M.D. (Dr. Triftshauser)
of Albion, New York, notifying him of an opportunity to show cause as
to why DEA should not revoke his DEA Certificate of Registration,
BT5294866, under 21 U.S.C. 824(a), and deny any pending applications
for renewal or modification of that registration. As a basis for
revocation, the Order to Show Cause alleged that Dr. Triftshauser is
not currently authorized to handle controlled substances in New York,
the state in which he practices. The OTSC also alleged that Dr.
Triftshauser had been convicted of a felony related to controlled
substances and had otherwise committed acts that would render his
registration inconsistent with the public interest. The order notified
Dr. Triftshauser 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.
Triftshauser at his registered location in Albion, New York and to the
new York State Groveland Correctional Facility in Sonyea, New York,
where Dr. Triftshauser is presently incarcerated. DEA received a signed
receipt indicating that the Order to Show Cause was received on Dr.
Triftshauser's behalf at the correctional facility on May 20, 2002. DEA
has not received a request for hearing or any other reply from Dr.
Triftshauser or anyone purporting to represent him in this matter.
Therefore, the Deputy Administrator, finding that (1) 30 days have
passed since the receipt of the Order to Show Cause, and (2) no request
for a hearing having been received, concludes that Dr. Triftshauser is
deemed to have waived his hearing right. After considering material
from the investigative file in this matter, the Deputy Administrator
now enters his final order without a hearing pursuant to 21 CFR
1301.43(d) and (e) and 1301.46.
The Deputy Administrator finds that on October 28, 1987, Dr.
Triftshauser was issued DEA Certificate of Registration, AT6847240, in
Schedules II through V. In 1987, Dr. Triftshauser's medical license was
suspended after it was discovered that he had obtained Dexedrine, a
Schedule II controlled substance, for his personal use. On March 21,
1991, Dr. Triftshauser surrendered his New York state medical license
after it was discovered that over a thirty-two month period, he had
obtained hydrocodone syrup (a Schedule III controlled substance) for
his personal use. As a result, on December 14, 1991, Dr. Triftshauser
surrendered DEA Certificate of Registration, AT6847240.
On June 30, 1994, Dr. Triftshauser's medical license was restored
and he was placed on a five-year period of probation. As part of his
probation, he agreed to refrain from the personal use of controlled
substances and submit to random urinalysis for detection of any misuse
of drugs. These urine screens were to be administered by the Committee
for Physicians' Health of the State of New York Medical Society
(``CPH'').
In May 1995, Dr. Triftshauser submitted a new application for DEA
Certificate of Registration. He materially falsified that application
by failing to disclose the 1987 suspension of his New York medical
license, as well as his
[[Page 71203]]
March 1991 surrender of that license. In lieu of further proceedings to
deny his application for DEA registration, on April 1, 1997, Dr.
Triftshauser entered into a Memorandum of Agreement with DEA, in which
he agreed to several terms and conditions. Among the terms agreed upon
by the parties was the limiting of Dr. Triftshauser's registration to
Schedules IV and V. Accordingly, on April 17, 1997, Dr. Triftshauser
was issued DEA Certificate of Registration, BT5294866, as a
practitioner, authorized to handle controlled substances in Schedules
IV and V. That registration remains valid through November 30, 2002.
In November 1998, Dr. Triftshauser underwent a random urine screen.
The screen came back positive for Librium (chlordiazepoxide), a
Schedule IV controlled substance. As a result of your positive drug
screen, Dr. Triftshauser was referred by CPH for evaluation of further
drug treatment and increased urine monitoring.
Following Dr. Triftshauser's second stint of drug evaluation and
treatment, he was referred to a Medina, New York, physician, who agreed
to employ him in his practice and act as his program monitor. In or
around 2001, an investigation by the New York State Department of
health, state Board of Professional Medical Conduct, (the Board)
revealed that between September 2000 and February 2001, Dr.
Triftshauser falsified seven prescriptions for Lortab, a Schedule III
controlled substance, and later presented them to be filled at several
pharmacies. Specifically, Dr. Triftshauser falsely represented that the
above prescriptions were issued to him by his employing physician.
On February 21, 2001, Dr. Triftshauser was arrested in Genesee
County, New York, and charged with criminal possession of a forged
instrument (prescription). Following his pre-trial release from prison,
he was arrested on March 29, 2001, by the Medina New York Police
Department and charged with forgery of a controlled substance. He was
subsequently indicted on two counts of criminal possession of a forged
instrument, two counts of criminal possession of a controlled
substance, and two counts of falsifying business records. On February
8, 2002, in the Orleans County District Court State of New York, Dr.
Triftshauser entered a guilty plea to one count of criminal possession
of a forged instrument. He was sentenced to imprisonment of between two
and seven years and assessed a fine of $5,000. Therefore, he has been
convicted of a felony related to controlled substances. 21 U.S.C.
824(a)(2).
On July 20, 2001, the Board issued a Final Order revoking Dr.
Triftshauser's license to practice medicine. His medical license has
not been reinstated. Therefore, he is not currently authorized to
handle controlled substances in the State of New York. 21 U.S.C.
824(a)(3).
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 Muttaiya Darmarajeh, M.D., 66 FR 52936 (2001); Dominick A. Ricci,
M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
Here, it is clear that Dr. Triftshauser is not licensed to handle
controlled substances in the State of New York, where he is registered
with DEA. Therefore, he is not entitled a DEA registration in that
state. Moreover, Dr. Triftshauser has been convicted of a felony
relating to controlled substances and has otherwise committed such acts
as would render his registration inconsistent with the public interest.
Accordingly, the Deputy Administration of the Drug Enforcement
Administration, pursuant to the authority vested in him by 21 U.S.C.
823 and 824 and 28 CFR 0.100(b) and 0.104, hereby orders that DEA
Certificate of Registration BT5294866, issued to Clark G. Triftshauser,
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 December 30,
2002.
Dated: November 12, 2002.
John B. Brown, III,
Deputy Administrator.
[FR Doc. 02-30253 Filed 11-27-02; 8:45 am]
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