[Federal Register Volume 59, Number 28 (Thursday, February 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 94-3031]


[[Page Unknown]]

[Federal Register: February 10, 1994]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE
[Docket No. 93-72]

 

William G. Gray, M.D.; Revocation of Registration

    On July 23, 1993, the Deputy Assistant Administrator (then-
Director) of the Office of Diversion Control, Drug Enforcement 
Administration (DEA), issued an Order to Show Cause to William G. Gray, 
M.D. (Respondent), of Roanoke, Virginia proposing to revoke his DEA 
Certificate of Registration, AG3146431, and to deny any pending 
applications for registration as a practitioner under 21 U.S.C. 823(f). 
The proposed action was based on Respondent's lack of state 
authorization to handle controlled substances in the Commonwealth of 
Virginia, as well as, his prescribing or dispensing various controlled 
substances to several individuals, two of whom were minors, without a 
legitimate medical purpose and outside the scope of professional 
practice.
    The Order to Show Cause was sent to Respondent by registered mail. 
Respondent, through counsel, filed a request for a hearing and the 
matter was docketed before Administrative Law Judge Mary Ellen Bittner. 
On September 20, 1993, the Government filed a motion for summary 
disposition based upon an order of the Commonwealth of Virginia, 
Virginia Board of Medicine, which suspended Respondent's medical 
license for an indefinite period of time, effective march 6, 1992.
    Respondent filed a response seeking a continuance of the 
proceedings until the Virginia Board of Medicine could review the 
summary suspension of Respondent's medical license. Thereafter, on 
October 19, 1993, Respondent filed an additional response which 
explained that the Virginia Board of Medicine did hold a hearing and, 
in fact, voted to revoke Respondent's medical license as of October 7, 
1993. Respondent also withdrew his opposition to the Government's 
motion for summary disposition.
    On October 25, 1993, in her opinion and recommended decision, the 
administrative law judge granted the Government's motion for summary 
disposition and recommended that Respondent's DEA Certificate of 
Registration issued to him in Virginia be revoked based upon 
Respondent's current lack of state authorization to handle controlled 
substances in the Commonwealth of Virginia. Neither party filed 
exceptions to the opinion and recommended decision. On November 23, 
1993, the administrative law judge transmitted the record to the Acting 
Administrator. The Acting Administrator has carefully considered the 
entire record in this matter and pursuant to 21 CFR 1316.67, hereby 
issues his final order in this matter based upon findings of fact and 
conclusions of law as hereinafter set forth.
    The Acting Administrator finds that Respondent's controlled 
substance license was revoked by the Commonwealth of Virginia, Virginia 
Board of Medicine on October 7, 1993. This revocation was based upon 
allegations concerning the improper prescribing and dispensing of 
controlled substances.
    Consequently, Respondent is no longer authorized to prescribe, 
dispense, administer or otherwise handle controlled substances in the 
Commonwealth of Virginia. The Acting Administrator concludes that DEA 
does not have the statutory authority under the Controlled Substances 
Act to issue a registration if the applicant is without state authority 
to handle controlled substances. 21 U.S.C. 802(21) and 823(f). The 
Acting Administrator and his predecessors have consistently so held. 
See Ramon Pla, M.D., Docket No. 86-54, 51 FR 41168 (1986); George S. 
Heath, MD., Docket No. 86-24, 51 FR 26610 (1986); Dale D. Shahan, 
D.D.S., Docket No. 85-57, 51 FR 23481 (1986); and cases cited therein.
    Respondent concedes that his license to practice medicine in the 
Commonwealth of Virginia is revoked and does not contest the 
Government's motion for summary disposition at this time. Therefore, 
the Acting Administrator concludes that Respondent's DEA Certificate of 
Registration must be revoked.
    Accordingly, the Acting Administrator of the Drug Enforcement 
Administration, pursuant to the authority vested in him by 21 U.S.C. 
823 and 824 and 28 CFR 0.100(b), hereby orders that the DEA Certificate 
of Registration, AG3146431, previously issued to William G. Gray, M.D., 
be, and it hereby is, revoked and that any pending applications for 
renewal of such registration be, and they hereby are, denied. This 
order is effective February 10, 1994.

    Dated: February 4, 1994.
Stephen H. Greene,
Acting Administrator of Drug Enforcement.
[FR Doc. 94-3031 Filed 2-9-94; 8:45 am]
BILLING CODE 4410-09-M