[Federal Register: January 6, 1998 (Volume 63, Number 3)]
[Notices]               
[Page 573-574]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ja98-81]

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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

 
John Paul King, M.D., Denial of Applications

    On August 12, 1997, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA), issued an 
Order

[[Page 574]]

to Show Cause to John Paul King, M.D., of Reynoldsburg, Ohio, notifying 
him of an opportunity to show cause as to why DEA should not deny his 
application, dated August 28, 1995, for a DEA Certificate of 
Registration as a practitioner pursuant to 21 U.S.C. 823(f), for reason 
that this registration would be inconsistent with the public interest. 
Specifically, the Order to Show Cause alleged that:
    ``(1) In December 1991, the DEA conducted an inspection of [Dr. 
King's] controlled premises which revealed recordkeeping violations 
including failure to maintain a biennial inventory, failure to maintain 
receipt and dispensing records, failure to properly maintain Schedule 
II records, and illegal import and export of controlled substances. In 
addition, an audit revealed a shortage of approximately 19,000 dosage 
units of Schedule II, III and IV controlled substances.
    (2) Subsequently, in a civil proceeding against [Dr. King] for 
violations of the Controlled Substances Act, the United States District 
Court for the Southern District of Ohio issued a Summary Judgment in 
favor of the Government on August 24, 1993. In February 1994, [Dr. 
King] agreed to a settlement in which [he] paid a $14,000 civil fine 
and agreed to certain restrictions with regard to [his] DEA 
registration to handle controlled substances. [Dr. King] also agreed to 
surrender [his] DEA Certificate of Registration if later [he was] found 
to be in violation of any provision of the agreement.
    (3) In March 1994, DEA conducted an inspection of [Dr. King's] 
controlled premises and found regulatory violations related to [his] 
inventory records. In August 1994, DEA conducted another inspection of 
[his] premises in which it was determined that [he] failed to maintain 
a proper dispensing log, failed to maintain a record of inventory, 
maintained certain controlled substances in stock contrary to the 
settlement agreement, and improperly maintained Schedule II records. An 
audit of [his] records indicated an overage of the Schedule II 
controlled substance, Demerol. Consistent with the earlier settlement 
agreement, on September 20, 1994, [Dr. King] voluntarily surrendered 
[his] DEA Certificate of Registration, AK2838766.
    (4) In November 1994, the Ohio Pharmacy Board provided DEA with a 
captured prescription which indicated that on October 20, 1994 [Dr. 
King] had prescribed Restoril, a Schedule IV controlled substance, to a 
patient without being registered to do so, in violation of 21 U.S.C. 
841(a)(1) and 843(a)(3).''
    The Order to Show Cause also notified Dr. King that should no 
request for a hearing be filed within 30 days, his hearing right would 
be deemed waived. The DEA received a signed receipt indicating that the 
order was received on August 19, 1997. No request for a hearing or any 
other reply was received by the DEA from Dr. King or anyone purporting 
to represent him in this matter. Therefore, the Acting 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. King is deemed to have waived his 
hearing right. After considering the relevant material from the 
investigative file in this matter, the Acting Deputy Administrator now 
enters his final order without a hearing pursuant to 21 C.F.R. 1301.43 
(d) and (e) and 1301.46.
    The Acting Deputy Administrator finds that subsequent to the 
issuance of the Order to Show Cause, DEA learned that by Order dated 
June 26, 1997, the State Medical Board of Ohio (Board) permanently 
revoked Dr. King's license to practice medicine and surgery in the 
State of Ohio based upon inter alia, Dr. King's improper handling of 
controlled substances. A letter from the Board to DEA dated September 
23, 1997, indicates that Dr. King has appealed the Board's order, and 
that pending the appeal, the Franklin County Court of common Pleas 
granted Dr. King a partial stay, ``permitting him to perform [Federal 
Aviation Administration] flight physicals only.'' The Acting Deputy 
Administrator concludes that the partial stay of the Board's permanent 
revocation of Dr. King's medical license does not extend to his 
handling of controlled substances, and therefore, Dr. King is not 
currently authorized to handle controlled substances in the State of 
Ohio.
    The DEA does not have statutory authority under the Controlled 
Substances Act to issue or maintain a registration if the application 
or registrant is without state authority to handle controlled 
substances in the state in which he conducts his business. 21 U.S.C. 
802(21) 823(f) and 824(a)(3). This prerequisite has been consistently 
upheld. See Romeo J. Perez, M.D., 62 FR 16,193 (1997); Demetris A. 
Green, M.D., 61 FR 60,728 (1996); Dominick A. Ricci, M.D., 58 FR 51,104 
(1993).
    The Acting Deputy Administrator concludes that Dr. King is not 
currently authorized to handle controlled substances in the State of 
Ohio, where he has applied for registration with DEA. Therefore, Dr. 
King is not entitled to a DEA registration in that state. The Acting 
Deputy Administrator further concludes that since Dr. King is not 
entitled to a DEA registration in Ohio, it is unnecessary to address 
whether his registration would be inconsistent with the public 
interest, as alleged in the Order to Show Cause.
    Accordingly, the Acting Deputy Administrator of the Drug 
Enforcement Administration, pursuant to the authority vested in him by 
21 U.S.C. 823 and 824 and 28 C.F.R. 0.100(b) and 0.104, hereby orders 
that the application, submitted by John Paul King, M.D., on August 28, 
1995, for a DEA Certificate of Registration, be, and it hereby is, 
denied. This order is effective February 5, 1998.

    Dated: December 24, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 98-146 Filed 1-5-98; 8:45 am]
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