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Worth S. Wilkinson, M.D.; Revocation of Registration
FR Doc 06-4840 [Federal Register: May 25, 2006 (Volume 71, Number 101)]
[Notices] [Page 30173-30174] From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25my06-93]
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Worth S. Wilkinson, M.D.; Revocation of Registration
On March 1, 2005, the Deputy Assistant Administrator, Office of Diversion
Control, Drug Enforcement Administration (DEA), issued an Order to Show Cause to
Worth S. Wilkinson, M.D. (Dr. Wilkinson) of Shreveport, Louisiana, notifying him
of an opportunity to show cause as to why DEA should not revoke his DEA
Certification of Registration BW2217974 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. Wilkinson is not currently authorized to practice medicine or handle
controlled substances in Louisiana, his state of registration and practice. The
Order to Show Cause also notified Dr. Wilkinson 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. Wilkinson at his
registered address at 729 Wichita Street, Shreveport, Louisiana 71101 and to his
residence at 700 Delaware, Shreveport, Louisiana 71101. According to the return
receipt the Order to Show Cause sent to his home was received by Dr. Wilkinson
on March 9, 2005. DEA has not received a request for hearing or any other reply
from Dr. Wilkinson or anyone purporting to represent him in this matter.
Therefore, the Deputy Administrator of DEA, finding that thirty days having
passed since the delivery of the Order to Show Cause to the registrant and no
request for hearing having been received, concludes that Dr. Wilkinson is deemed
to have waived his hearing right. See Thomas J. Mulhearn, III, M.D., 70 FR 24625
(2005); James E. Thomas, M.D., 70 FR 3564 (2005); Steven A. Barnes, M.D., 69 FR
51474 (2004); David W. Linder, 67 FR 12579 (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. Wilkinson currently possesses DEA
Certificate of Registration BW2217974, as a practitioner authorized to handle
controlled substances in Schedules IV-V. The Deputy Administrator further finds
that on October 29, 2004, the Louisiana State Board of Medical Examiners
(Louisiana Board) issued an Opinion and Ruling suspending Dr. Wilkinson's
license to practice medicine in Louisiana.
That suspension was based upon the Louisiana Board's conclusion that Dr.
Wilkinson was in need of further testing and evaluation for alcohol abuse and
his apparent physical and mental inability to practice medicine with reasonable
skill and safety to his patients.
The investigative file contains no evidence that the Louisiana Board's
Opinion and Ruling has been stayed, modified or terminated or that Dr.
Wilkinson's medical license has been reinstated. Therefore, the Deputy
Administrator finds Dr. Wilkinson is not currently authorized to practice
medicine in the State of Louisiana. 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
11661 (2004); Dominick A. Ricci, M.D., 58 FR 51104 (1993); Bobby Watts,
[[Page 30174]]
M.D., 53 FR 11919 (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 22562 (2004); Anne Lazar Thorn, M.D., 62 FR 847 (1997).
Here, it is clear Dr. Wilkinson's medical license has been suspended and he
is not currently licensed to handle controlled substances in Louisiana, 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 BW2217974, issued to Worth S. Wilkinson, M.D., be, and it hereby
is, revoked. The Deputy Administrator further orders that any pending
applications for renewal or modifications of such registration be, and they
hereby are, denied. This order is effective June 26, 2006.
Dated: July 6, 2005.
Michael M. Leonhart,
Deputy Administrator.
Editorial note: This document was received at the Office of the Federal
Register May 19, 2006.
[FR Doc. 06-4840 Filed 5-24-06; 8:45 am]
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