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[Federal Register: October 18, 2002 (Volume 67, Number 202)]
[Notices]               
[Page 64418-64419]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18oc02-120]                         

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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

 
Douglas L. Geiger, M.D.; Denial of Application

    On September 24, 2001, the Deputy Assistant Administrator, Office 
of Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order to Show Cause to Douglas L. Geiger, M.D. (Dr. Geiger), proposing 
to deny his pending application for DEA Certificate of Registration as 
a practitioner, and deny any pending modifications of such application 
pursuant to 21 U.S.C. 823(f). As a basis for the denial of his pending 
application, the Order to Show Cause alleged that Dr. Geiger is not 
currently authorized to handled controlled substances in the State of 
Georgia. 21 U.S.C. 824(a)(3). The order also notified Dr. Geiger 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. Geiger at 
a location in Riverdale, Georgia. A second copy of the Order to Show 
Cause was sent by certified mail to Dr. Geiger at a location in College 
Park, Georgia. DEA received a signed receipt indicating that the Order 
to Show Cause was received on behalf of Dr. Geiger at that location. 
Subsequently, and at Dr. Geiger's request, a copy of the Order to Show 
Cause was sent to him by facsimile on October 9, 2001. DEA received a 
printed report indicating that the show cause order had been 
successfully transmitted to the number provided by Dr. Geiger. DEA has 
not received a request for hearing or any other reply from Dr. Geiger 
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. Geiger 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 Dr. Geiger was issued a 
temporary medical license <greek-i>0142 on October 6, 1994. That 
license was extended until December 8, 1994, and subsequently extended 
on separate occasions until its expiration on October 5, 1995. A second 
temporary medical license was issued to Dr. Geiger on December 21, 
1998, and on February 4, 1999, that license also expired. According to 
a August 6, 2001 letter contained within the investigative file from 
the Executive Director of the Composite State Board of Medical 
Examiners, Dr. Geiger has never been issued a permanent license to 
practice medicine in the State of Georgia.
    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 Carla Johnson, M.D., 66 FR 52939 (2001); Graham Travers Schuler, 
M.D., 65 FR 50570 (2000); Demetris A. Green, M.D., 61 FR 60,728 (1996).
    DEA has also consistently held that a DEA registration may not be 
maintained if the applicant or registrant lacks state authority to 
dispense controlled substances, even if such lack of state 
authorization was the result of the expiration of his/her state 
registration without further action by the state. See e.g., Mark L. 
Beck, D.D.S., 64 FR 40899

[[Page 64419]]

(1999); Gary D. Benke, M.D. 58 FR 65734 (1993); Carlyle Balgobin, 
D.D.S., 58 FR 46992 (1993); Charles H. Ryan, M.D., 58 FR 14430 (1993); 
James H. Nickens, M.D., 57 FR 59847 (1992).
    In the instant case, the Deputy Administrator finds that there is 
evidence demonstrating that Dr. Geiger is not authorized to handle 
controlled substances in Georgia, the state in which he seeks a DEA 
registration. Since Dr. Geiger lacks such authority, 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 him by 21 U.S.C. 
823 and 824 and 28 CFR 0.100(b) and 0.104, hereby orders that the 
application for DEA Certificate of Registration submitted by Douglas L. 
Geiger, M.D. be, and it hereby is, denied. This order is effective 
November 18, 2002.

    Dated: September 30, 2002.
John B. Brown III,
Deputy Administrator.
[FR Doc. 02-26605 Filed 10-17-02; 8:45 am]
BILLING CODE 4410-09-M

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