Federal
Register Notices > Registrant
Actions - 2007 >
Patrick K. Riggs, M.D.; Denial of Application
FR Doc E7-24608 [Federal Register: December 19, 2007 (Volume 72,
Number 243)] [Notices] [Page 71959-71960] From the Federal Register
Online via GPO Access [wais.access.gpo.gov] [DOCID:fr19de07-115]
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Patrick K. Riggs, M.D.; Denial of Application
On June 19, 2007, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration, issued an Order to
Show Cause to Patrick K. Riggs (Respondent), of Fort Worth, Texas. The
Show Cause Order proposed the denial of Respondent's pending application
for a DEA Certificate of Registration as a practitioner, on the ground
that his registration would be "inconsistent with the public interest.''
Show Cause Order at 1 (citing 21
U.S.C. 823(f) & 824(a)(4)).
The Show Cause Order specifically alleged that "from May 2005 through
August 2006 [Respondent], ordered 22,500 dosage units of hydrocodone
from Henry Schein, Inc.,'' and that notwithstanding his "assertions to
Henry Schein, Inc., that [he was] practicing medicine during that period
[Respondent], subsequently admitted to DEA Diversion Investigators that
[he] had not practiced medicine since 1997 and had no current
patients.'' Id. The Show Cause Order alleged that on August 31, 2006,
Respondent had met with DEA Diversion Investigators at his home and
admitted to them that he had consumed all of the hydrocodone drugs that
he had obtained from Henry Schein, Inc. Id.
The Show Cause Order further alleged that Respondent did not maintain
the purchasing and dispensing records required under federal law for the
controlled substances he had obtained from Henry Schein, Inc. Id.
Finally, the Show Cause Order alleged that during the aforementioned
meeting with DEA investigators, Respondent had upon the advice of
counsel, voluntarily surrendered his DEA Registration and agreed not to
apply for a new registration for a two-year period. Id. at 2.
On June 25, 2007, the Show Cause Order, which also notified
Respondent of his right to request a hearing on the allegations, was
served on him by a Federal Express delivery to his residence, which is
also the address of his proposed registered location. Because: (1) More
than thirty days have passed since service of the Show Cause Order, and
(2) neither Respondent, nor anyone purporting to represent him, has
requested a hearing, I conclude that Respondent has waived his right to
a hearing. See 21
CFR 1301.43(d). I therefore enter this Final Order without a hearing
based on relevant material contained in the investigative file, see id.
1301.43(e), and make the following findings.
Findings
Respondent previously held a DEA Registration as a practitioner,
which authorized him to dispense controlled substances in schedules II
through V. On various dates between May 2005 and August 2006, DEA
received several reports from Henry Schein, Inc., regarding Respondent's
excessive purchases of controlled substances. These reports showed that
during the above period, Respondent purchased 22,500 dosage units of
combination hydrocodone/acetaminophen (all in 10/325 mg. strength), 1400
dosage units of clonazepam (in both 1 mg. and 2 mg. strength), 1200
dosage units of aspirin with codeine (60 mg.), 500 dosage units of
acetaminophen with codeine (60 mg.), and hydrocodone with ibuprofen
(7.5/200 mg.).\1\
---------------------------------------------------------------------------
\1\ The reports also showed that Respondent had
purchased two anabolic steroids, nandrolone and testosterone cypionate.
---------------------------------------------------------------------------
Sometime around September 2005, a Schein employee apparently
questioned Respondent regarding his purchases. Accordingly, on September
24, 2005, Respondent faxed a letter which stated that he had served as "a
consultant to the TXSBME'' \2\ from 1995 through 1998 "in the area of
disciplinary action,'' and had "earned * * * a great many enemies
(because of my testimony in med[ical] malpractice cases for the state.''
Respondent further wrote that he was engaged in the practice of "general
medicine,'' and that his "patient base is select. The concentration is
chronic pain secondary to terminal illness[,] i.e., cancer.''
---------------------------------------------------------------------------
\2\ Presumably, the Texas State Board of Medical
Examiners.
---------------------------------------------------------------------------
On August 31, 2006, DEA investigators went to Respondent's residence
(and registered location) and met with Respondent and his attorney
regarding his excessive purchases. During the interview, Respondent was
asked what medications he took. Respondent went to another room and
retrieved approximately twenty-five containers of non- controlled
prescription drugs. Upon further questioning, Respondent admitted that
he had been on methadone and pulled an empty container of methadone from
his pocket.
During the interview, Respondent also admitted that he had not
practiced medicine since 1997 and did not have any patients. One of the
investigators then presented to Respondent's attorney a spreadsheet
listing his controlled substance purchases from Schein. After Respondent
and his lawyer were allowed to privately discuss the matter, Respondent
admitted that he had used all of the controlled substances which he had
purchased from Schein. Respondent also stated that to prevent damaging
his liver, he had ground up the hydrocodone tablets to separate out the
acetaminophen. Respondent also admitted that he had failed to maintain
purchasing and dispensing records as required by Federal law.
Based on this information, the investigators advised Respondent's
counsel that they would seek an Order to Show Cause to revoke his
registration unless he voluntarily surrendered it. After consulting with
his attorney, Respondent voluntarily surrendered his registration and
signed the applicable form.\3\
---------------------------------------------------------------------------
\3\ On the form, Respondent also "agree[d] not to re
apply for a period of two years.''
---------------------------------------------------------------------------
Two months later, on October 30, 2006, Respondent submitted an
application for a new registration. On the form, Respondent acknowledged
that he had surrendered his registration and explained that "[t]he
surrender[] could be classified as a misunderstanding secondary to
misinformation. I view it[] as an unusual set of unnecessary and
[[Page 71960]]
humiliating circumstances brought together by a malicious third
party.''
Discussion
Section 303(f) of the Controlled Substances Act provides that "[t]he
Attorney General shall register practitioners * * * to dispense * * *
controlled substances in schedule II, III, IV, or V, if the applicant is
authorized to dispense * * * controlled substances under the laws of the
State in which he practices.'' 21
U.S.C. 823(f). Section 303(f) further provides that "[t]he Attorney
General may deny an application for such registration if he determines
that the issuance of such registration would be inconsistent with the
public interest.'' Id. In making the public interest determination, the
Act requires the consideration of the following factors:
(1) The recommendation of the appropriate State licensing board or
professional disciplinary authority.
(2) The applicant's experience in dispensing * * * controlled
substances.
(3) The applicant's conviction record under Federal or State laws
relating to the manufacture, distribution, or dispensing of controlled
substances.
(4) Compliance with applicable State, Federal, or local laws
relating to controlled substances.
(5) Such other conduct which may threaten the public health and
safety.
Id.
[T]hese factors are * * * considered in the disjunctive.'' Robert A.
Leslie, M.D., 68 FR 15227, 15230 (2003). I "may rely on any one or a
combination of factors, and may give each factor the weight [I] deem[]
appropriate in determining whether a registration should be revoked.''
Id. Moreover, I am "not required to make findings as to all of the
factors.'' Hoxie v. DEA, 419 F.3d 477, 482 (6th Cir. 2005); see also
Morall v. DEA, 412 F.3d 165, 173-74 (D.C. Cir. 2005). In this case, I
conclude that factors two and four are dispositive.\4\
---------------------------------------------------------------------------
\4\ Having considered all of the factors, I conclude
that factors one, three and five are not relevant.
---------------------------------------------------------------------------
As the record demonstrates, Respondent acquired large quantities of
controlled substances including 22,500 tablets of combination
hydrocodone/acetaminophen (a schedule III controlled substance, 21
CFR 1308.13(e)), 1400 dosage units of clonazepam (a schedule IV
controlled substance, 21
CFR 1308.14(c)), as well as drugs combining codeine with
acetaminophen or aspirin. Respondent admitted that he personally used
the drugs.
The record also shows that on September 24, 2005, Respondent
represented to an employee of Henry Schein, Inc., that he was "practic[ing]
general medicine,'' with a "concentration in chronic pain secondary to
terminal illness, i.e., cancer.'' During the August 31, 2006 interview,
however, Respondent admitted that he had not practiced medicine since
1997 and that he had no patients. The record further shows that after he
faxed the letter to Schein, Respondent continued to order and received
large quantities of controlled substances from it. Based on this
evidence, I conclude that on numerous occasions, Respondent violated
federal law by "knowingly or intentionally * * * acquir[ing] or
obtain[ing] possession of a controlled substance by misrepresentation,
fraud, [or] deception.'' 21
U.S.C. 843(a)(3).
Respondent further admitted that he did not maintain the purchasing
and dispensing records as required by federal law. See id. Sec.
827(a)(3). Based on the above, I conclude that Respondent's record
of non-compliance with federal laws related to controlled substances and
his experience of self-dispensing controlled substances, establishes
that granting him a registration would be "inconsistent with the public
interest.'' Id. Sec. 823(f).
Order
Pursuant to the authority vested in me by 21
U.S.C. 823(f), as well as 28 CFR 0.100(b) & 0.104, I order that
the application of Patrick K. Riggs, M.D., for a DEA Certificate of
Registration as a practitioner be, and it hereby is, denied. This order
is effective January 18, 2008.
Dated: December 7, 2007.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E7-24608 Filed 12-18-07; 8:45 am]
BILLING CODE 4410-09-P
NOTICE: This is an
unofficial version. An official version of these publications may be obtained
directly from the Government Printing Office (GPO).
|