Stephen K. Jones, M.D.; Denial of Registration, 24622 [05-9246]
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Federal Register / Vol. 70, No. 89 / Tuesday, May 10, 2005 / Notices
Dated: May 2, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05–9252 Filed 5–9–05; 8:45 am]
BILLING CODE 4410–09–M
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Stephen K. Jones, M.D.; Denial of
Registration
On November 10, 2004, the Deputy
Assistant Administrator, Office of
Diversion Control, Drug Enforcement
Administration (DEA), issued an Order
to Show Cause to Stephen K. Jones,
M.D. (Dr. Jones) who was notified of an
opportunity to show cause as to why
DEA should not deny his application for
DEA Certificate Registration as a
practitioner to handle controlled
substances, pursuant to 21 U.S.C. 823
and 824.
The Order to Show Cause alleged in
relevant part, that Dr. Jones was not
licensed to practice medicine or handle
controlled substances in Utah, the state
in which he was applying for
registration and intended to practice.
Secondarily, the Order alleged Dr. Jones
had previously been disciplined in
Iowa, where he currently lives and
practices, for personal drug abuse,
signing a fraudulent prescription and
diverting controlled substances. The
Order to Show Cause also notified Dr.
Jones 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. Jones Residence at
3525 Mayfield Road, Iowa City, Iowa
and to his proposed registered location
in Salt Lake City, Utah. According to
certified mail receipt records, the Order
to Show Cause sent to his residence was
received by Dr. Jones on December 10,
2004. DEA has not received a request for
hearing or any other reply from Dr.
Jones or anyone purporting to represent
him in this matter.
Therefore, the Deputy Administrator
of DEA, finding that (1) thirty days
having passed since the delivery of the
Order to Show Cause to the applicant’s
home and address of record, and (2) no
request for hearing having been
received, concludes that Dr. Jones is
deemed to have waived his wearing
right. See David W. Linder, 67 FR
12,579 (2002). After considering
material from the investigate 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.
VerDate jul<14>2003
16:17 May 09, 2005
Jkt 205001
The Deputy Administrator finds that
on July 2, 2004, Dr. Jones applied for
DEA registration to handle Schedule II
through IV controlled substances. His
proposed registered address was at the
LDS Hospital, 8th Avenue & C Street,
Salt Lake City, Utah 84143. The
application indicated Dr. Jones was
previously disciplined by the Iowa
Board of Medical Examiners which, in
April 2004, had suspended his Iowa
license to practice medicine for 30 days
and placed it in a probationary status
upon his completion of a two month
residential treatment program for opioid
dependency.
According to information in the
investigative file, on July 27, 2004, a
Diversion Investigator conducting an
inquiry into Dr. Jones application was
advised by the Utah Department of
Commerce, Division of Occupational
and Professional Licensing, that he did
not hold a Utah Physician and Surgeon
License or state Controlled Substance
License. Further, there is no evidence
before the Deputy Administrator
showing that Dr. Jones has since been
granted a license to practice medicine or
handle controlled substance 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 Rory Patrick Doyle, M.D.,
69 FR 11,655 (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. Jones is not
licensed to practice medicine in Utah,
his state of applied-for-registration and
practice, and he is not authorized to
handle controlled substances in that
jurisdiction. Therefore, is not entitled to
a DEA registration in that state. As a
result of the finding that Dr. Jones lacks
state authorization to handle controlled
substances in his state of applied-forregistration, the Deputy Administrator
concludes it is unnecessary to address
further whether his application should
be denied based upon the public
interest grounds asserted in the Order to
Show Cause. See Samuel Silas Jackson,
D.D.S., 67 FR 67,145 (2002); NathanielAikens-Afful, M.D., 62 FR 16,871
(1997); Sam F. Moore, D.V.M., 58 FR
14,428 (1993).
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,
PO 00000
Frm 00125
Fmt 4703
Sfmt 4703
hereby orders that the application for
DEA Certificate of Registration
submitted by Stephen K. Jones, M.D.,
be, and it hereby is, denied. This order
is effective June 9, 2005.
Dated: May 2, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05–9246 Filed 5–9–05; 8:45 am]
BILLING CODE 4410–09–M
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. 04–56]
Michael J. Millette, M.D.; Revocation of
Registration
On May 17, 2004, the Deputy
Administrator of the Drug Enforcement
Administration (DEA) issued an Order
to Show Cause and Immediate
Suspension of Registration to Michael J.
Millette, M.D. (Dr. Millette) of Crystal
Lake, Illinois and Elizabethtown,
Kentucky. Dr. Millette was notified of
an opportunity to show cause as to why
DEA should not revoke his DEA
Certificates of Registration, BM2349012
and BM8086236, as a practitioner, and
deny any pending applications for
renewal or modification of such
registrations pursuant to 21 U.S.C.
823(f) and 824(a)(4) for reason that his
continued registration would be
inconsistent with the public interest. Dr.
Millette was further notified that his
DEA registrations were immediately
suspended as an imminent danger to the
public health and safety pursuant to 21
U.S.C. 824(d).
The Order to Show Cause and
Immediate Suspension alleged in sum,
that Dr. Millette was engaged in illegally
prescribing controlled substances as
part of a scheme in which controlled
substances were dispensed by
pharmacies, based on Internet
prescriptions issued by Dr. Millette and
associated physicians, based solely on
their review of Internet questionnaires
and without personal contact,
examination or bona fide physician/
patient relationships. Such
prescriptions were not issued ‘‘in the
usual course of professional treatment’’
and violated 21 CFR 1306.04 and 21
U.S.C. 841(a). This action was part of a
nationwide enforcement operation by
DEA titled Operation Pharmnet, which
targeted online suppliers of prescription
drugs, including owners, operators,
pharmacists and doctors, who have
illegally and unethically been marketing
controlled substances via the Internet.
E:\FR\FM\10MYN1.SGM
10MYN1
]]>Agencies
[Federal Register Volume 70, Number 89 (Tuesday, May 10, 2005)]
[Notices]
[Page 24622]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9246]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Stephen K. Jones, M.D.; Denial of Registration
On November 10, 2004, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Stephen K. Jones, M.D. (Dr. Jones) who was
notified of an opportunity to show cause as to why DEA should not deny
his application for DEA Certificate Registration as a practitioner to
handle controlled substances, pursuant to 21 U.S.C. 823 and 824.
The Order to Show Cause alleged in relevant part, that Dr. Jones
was not licensed to practice medicine or handle controlled substances
in Utah, the state in which he was applying for registration and
intended to practice. Secondarily, the Order alleged Dr. Jones had
previously been disciplined in Iowa, where he currently lives and
practices, for personal drug abuse, signing a fraudulent prescription
and diverting controlled substances. The Order to Show Cause also
notified Dr. Jones 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. Jones
Residence at 3525 Mayfield Road, Iowa City, Iowa and to his proposed
registered location in Salt Lake City, Utah. According to certified
mail receipt records, the Order to Show Cause sent to his residence was
received by Dr. Jones on December 10, 2004. DEA has not received a
request for hearing or any other reply from Dr. Jones or anyone
purporting to represent him in this matter.
Therefore, the Deputy Administrator of DEA, finding that (1) thirty
days having passed since the delivery of the Order to Show Cause to the
applicant's home and address of record, and (2) no request for hearing
having been received, concludes that Dr. Jones is deemed to have waived
his wearing right. See David W. Linder, 67 FR 12,579 (2002). After
considering material from the investigate 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 that on July 2, 2004, Dr. Jones
applied for DEA registration to handle Schedule II through IV
controlled substances. His proposed registered address was at the LDS
Hospital, 8th Avenue & C Street, Salt Lake City, Utah 84143. The
application indicated Dr. Jones was previously disciplined by the Iowa
Board of Medical Examiners which, in April 2004, had suspended his Iowa
license to practice medicine for 30 days and placed it in a
probationary status upon his completion of a two month residential
treatment program for opioid dependency.
According to information in the investigative file, on July 27,
2004, a Diversion Investigator conducting an inquiry into Dr. Jones
application was advised by the Utah Department of Commerce, Division of
Occupational and Professional Licensing, that he did not hold a Utah
Physician and Surgeon License or state Controlled Substance License.
Further, there is no evidence before the Deputy Administrator showing
that Dr. Jones has since been granted a license to practice medicine or
handle controlled substance 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 Rory Patrick Doyle, M.D., 69 FR 11,655 (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. Jones is not licensed to practice medicine in
Utah, his state of applied-for-registration and practice, and he is not
authorized to handle controlled substances in that jurisdiction.
Therefore, is not entitled to a DEA registration in that state. As a
result of the finding that Dr. Jones lacks state authorization to
handle controlled substances in his state of applied-for-registration,
the Deputy Administrator concludes it is unnecessary to address further
whether his application should be denied based upon the public interest
grounds asserted in the Order to Show Cause. See Samuel Silas Jackson,
D.D.S., 67 FR 67,145 (2002); Nathaniel-Aikens-Afful, M.D., 62 FR 16,871
(1997); Sam F. Moore, D.V.M., 58 FR 14,428 (1993).
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 the
application for DEA Certificate of Registration submitted by Stephen K.
Jones, M.D., be, and it hereby is, denied. This order is effective June
9, 2005.
Dated: May 2, 2005.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. 05-9246 Filed 5-9-05; 8:45 am]
BILLING CODE 4410-09-M
