80 FR 50031 - Ronald A. Green, M.D.; Decision and Order

DEPARTMENT OF JUSTICE
Drug Enforcement Administration

Federal Register Volume 80, Issue 159 (August 18, 2015)

[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Notices]
[Pages 50031-50032]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20349]


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 DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Ronald A. Green, M.D.; Decision and Order

    On February 6, 2015, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration, issued an Order to 
Show Cause to Ronald A. Green, M.D. (Registrant), of Houston, Texas. GX 
1. The Show Cause Order proposed the revocation of Registrant's DEA 
Certificate of Registration FG1729699, pursuant to which he is 
authorized to dispense controlled substances in schedules II through V 
as a practitioner, as well as the denial of any pending applications to 
renew or modify his registration, on the ground that he does not ``have 
authority to handle controlled substances in'' Texas, ``the State in 
which [he is] registered with the DEA.'' Id.
    The Show Cause Order specifically alleged that on December 10, 
2014, the Disciplinary Panel of the Texas Medical Board (TMB) issued an 
Order of Temporary Suspension, which suspended his medical license the 
same day. Id. The Show Cause Order further alleged that as a 
consequence of the Board's order, Registrant is currently without 
authority to handle controlled substances in Texas, the State in which 
he holds his DEA registration.\1\ Id.
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    \1\ The Show Cause Order also informed Registrant of his right 
to request a hearing on the allegations or to submit a written 
statement of position on the matters alleged in the Order while 
waiving his right to a hearing, the procedure for electing either 
option, and the consequence of failing to elect either option. GX 1, 
at 1-2 (citing 21 CFR 1301.43).
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    On February 11, 2015, a DEA Diversion Investigator (DI) initially 
attempted to personally serve Registrant by travelling to his 
registered location. GX 4, at 1. However, the DI found that his 
practice was closed and was told by employees of a bank located across 
the hall that no one had seen Registrant recently. Id. Thereafter, the 
DI obtained the address of Registrant's residence from the Texas 
Department of Public Safety and on February 17, went to his residence. 
Id. at 2. The DI rang the doorbell and knocked on the door several 
times but received no response. Id. The DI then slid a copy of the Show 
Cause Order under the front door. Id.
    Three months later (on May 20, 2015), the Office of Administrative 
Law Judges received a fax from Registrant which included a document 
entitled ``Response to First Amended Complaint and Motion to Dismiss,'' 
which he apparently filed in the proceeding brought against him by the 
Texas Medical Board. Registrant did not, however, request a hearing on 
the Show Cause Order. See 21 CFR 1301.43(a) & (d). Moreover, to the 
extent Registrant submitted this document as his statement of position, 
see id. Sec.  1301.43(c), his filing does not contain any explanation 
for why good cause exists to excuse its untimeliness. Id. Sec. Sec.  
1301.43(d), 1316.47(b).
    In the meantime, on April 7, 2015, the Government submitted a 
Request for Final Agency Action along with the investigative record, 
which it subsequently supplemented by providing a copy of Registrant's 
filing with the Office of Administrative Law Judges. In its Request, 
the Government asserts that Registrant has waived his right to a 
hearing. Request for Final Agency Action, at 4.
    Based on my review of the record, I find that Registrant was 
properly served with the Show Cause Order. I further find that 
Registrant has waived his right to a hearing, as well as his right to 
submit a statement of position on the allegations of the Show Cause 
Order. Id. Sec.  1301.44(d). I make the following findings.

Findings

    Registrant is the holder of DEA Certificate of Registration 
FG1729699, pursuant to which he is authorized to dispense controlled 
substances in schedules II through V as a practitioner, at the 
registered address of: Paradigm Center for Integrative Medicine, 7505 
Fannin, Suite 120, Houston, TX 77054. GX 2. This registration is due to 
expire on September 30, 2015. Id.
    On December 10, 2014, a Disciplinary Panel of the TMB issued an 
Order of Temporary Suspension, which suspended Registrant's medical 
license, based upon its finding that Registrant's ``continuation in the 
practice of medicine would constitute a continuing threat to public 
welfare.'' GX 3, at 3, 5.\2\ According to the TMB's Web site, the Order 
remains in effect as of this date. See http://reg.tmb.state.tx.us/OnLineVerif/Phys_ReportVerif_new.asp. Accordingly, I find that 
Registrant is currently without authority under the laws of the State 
of Texas to dispense controlled substances.
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    \2\ The TMB's Order contains numerous conclusions of law based 
on Registrant's violations of the Texas Medical Practice Act, 
including that he prescribed, administered, or dispensed controlled 
substance for non-therapeutic purposes and ``in a manner 
inconsistent'' with the Controlled Substances Act and Texas law, 
that he failed to comply with the Board's regulations regarding the 
operation of pain management clinics, that he failed to adhere to 
guidelines and requirements for the treatment of pain, and that he 
wrote prescriptions for known abusers of narcotics. GX 3, at 3-5.
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Discussion

    The Controlled Substances Act (CSA) grants the Attorney General 
authority to revoke a registration ``upon a finding that the registrant 
. . . has had his State license or registration suspended [or] revoked 
. . . and is no longer authorized by State law to engage in the . . . 
distribution [or] dispensing of controlled substances.'' 21 U.S.C. 
824(a)(3). Based on the CSA's provisions which define the term 
``practitioner'' and set forth the requirement for obtaining a 
registration as such, DEA has long held that a practitioner must be 
currently authorized to handle controlled substances in the 
``jurisdiction in which he practices'' in order to maintain a DEA 
registration. See 21 U.S.C. 802(21)(``The term `practitioner' means a 
physician . . . or other person licensed, registered or otherwise 
permitted, by . . . the jurisdiction in which he practices . . . to 
distribute, dispense, [or] administer . . . a controlled substance in 
the course of professional practice.''); see also id. Sec.  823(f) 
(``The Attorney General shall register practitioners . . . to dispense 
. . . if the applicant is authorized to dispense . . . controlled 
substances under the laws of the State in which he practices.'').
    As these provisions make plain, possessing authority under state 
law to dispense controlled substances is an essential condition for 
holding a DEA registration. See David W. Wang, 72 FR 54297, 54298 
(2007); Sheran Arden Yeates, 71 FR 39130, 39131 (2006); Dominick A. 
Ricci, 58 FR 51104, 51105 (1993); Bobby Watts, 53 FR 11919, 11920 
(1988). And based on these provisions, the Agency has also ``held that 
revocation is warranted even where a practitioner's state authority has 
been summarily suspended and the State has yet to provide the 
practitioner with a hearing to challenge the State's action at which he 
. . . may ultimately prevail.''

[[Page 50032]]

Kamal Tiwari, 76 FR 71604, 71606 (2011) (citing cases).
    Here, the evidence shows that Registrant's medical license has been 
suspended by the Texas Medical Board. I therefore hold that Registrant 
no longer holds authority under the laws of Texas, the State in which 
he is registered, to dispense controlled substances and that therefore, 
he is not entitled to maintain his DEA registration. See 21 U.S.C. 
802(21), 823(f), 824(a)(3). Accordingly, I will order that his 
registration be revoked.

Order

    Pursuant to the authority vested in me by 21 U.S.C. 823(f) and 
824(a), as well as 28 CFR 0.100(b), I order that DEA Certificate of 
Registration FG1729699 issued to Ronald A. Green, M.D., be, and it 
hereby is, revoked. I further order that any application of Ronald A. 
Green, M.D., to renew or modify his registration, be, and it hereby is, 
denied. This Order is effective immediately.\3\
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    \3\ Based on the findings of fact and conclusions of law which 
led the TMB to concluded that Registrant's ``continuation in the 
practice of medicine would constitute a continuing threat to public 
welfare,'' GX 3, at 3; I conclude that the public interest requires 
that this Order be effective immediately. See 21 CFR 1316.67.

    Dated: August 10, 2015.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2015-20349 Filed 8-17-15; 8:45 am]
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