[Federal Register: January 25, 2005 (Volume 70, Number 15)]
[Notices]
[Page 3564]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ja05-64]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
James E. Thomas, M.D., Revocation of Registration
On April 29, 2004, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to James E. Thomas, M.D. (Dr. Thomas) of Troy,
Alabama, notifying him of an opportunity to show cause as to why DEA
should not revoke his DEA Certificate of Registration AT7586829, as a
practitioner, 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. Thomas is not currently authorized to practice
medicine or handle controlled substances in Alabama, his State of
registration and practice. The Order to Show Cause also notified Dr.
Thomas 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. Thomas at
his address of record at P.O. Drawer 947, Suite 2, Highway 231, Troy,
Alabama. That correspondence was returned marked ``Not Deliverable as
Addressed--Unable to Forward.'' It was then determined the local DEA
office had sent three registered letters to Dr. Thomas' home and office
addresses and all had been returned marked ``unforwardable.'' Further,
the State of Alabama, Medical Licensure Commission (Alabama Commission)
had tried to contact Dr. Thomas without success. The Deputy
Administrator finds reasonable efforts to contact and serve Dr. Thomas
with the Order to Show Cause have been made and DEA has not received a
request for hearing or any other reply from Dr. Thomas or anyone
purporting to represent him in this matter.
Therefore, the Deputy Administrator, finding (1) 30 days have
passed since DEA's attempt to serve the Order to Show Cause at the
registered location and that good faith efforts to locate Dr. Thomas
have failed and (2) no request for a hearing having been received,
concludes that Dr. Thomas is deemed to have waived his hearing right,
See 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,
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. Thomas currently possesses DEA
Certificate of Registration AT7586829, which expires on November 30,
2005. The Deputy Administrator further finds that on June 16, 2003, the
Alabama Commission issued an Order revoking Dr. Thomas' license to
practice medicine in Alabama. The suspension was based upon findings of
fact, inter alia, that Dr. Thomas committed professional misconduct and
``is unable to practice medicine with reasonable skill and safety to
patients by reason of illness, inebriation, excessive use of drugs,
narcotics, alcohol, chemicals or other substances * * * ''
The investigative file contains no evidence the Alabama
Commission's Order has been stayed, modified or terminated or that Dr.
Thomas' medical license has been reinstated. Therefore, the Deputy
Administrator finds Dr. Thomas is not currently authorized to practice
medicine in the State of Alabama. 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. Thomas' medical license has been revoked and
he is not currently licensed to handle controlled substances in
Alabama, 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 AT7586829, issued to James E. Thomas, 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 February 24, 2005.
Dated: December 30, 2004.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-1325 Filed 1-24-05; 8:45 am]
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