[Federal Register Volume 59, Number 228 (Tuesday, November 29, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-29346] [[Page Unknown]] [Federal Register: November 29, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Drug Enforcement Administration Sherman H. DeVeas, D.D.S.; Denial of Application On September 29, 1994, the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration (DEA), issued an Order to Show Cause to Sherman H. DeVeas, D.D.S., of Baltimore, Maryland, proposing to deny his application for registration as a practitioner pursuant to 21 U.S.C. 823(f). The basis for the Order to Show Cause was that Dr. DeVeas is no longer authorized by state law to handle controlled substances, and that his registration would be inconsistent with the public interest. The Order to show Cause was sent by registered mail and delivered to Dr. DeVeas on October 6, 1994. No response was received from Dr. DeVeas or anyone purporting to represent him. Pursuant to 21 CFR 1301.54(d), the Deputy Administrator finds that Dr. DeVeas has waived his opportunity for a hearing. The Deputy Administrator has considered the investigative file in this matter, and enters his final order under the provisions of 21 CFR 1301.57. The Deputy administrator finds that on March 29, 1993, Dr. DeVeas was convicted in the North Carolina Superior Court for Halifax County of the felony of unlawful possession of cocaine. Subsequently, on February 26, 1993, he surrendered his previous DEA Certificate of Registration, and on December 21, 1993, surrendered his license to practice dentistry and his state controlled dangerous substances registration to the Maryland State Board of Dental Examiners which accepted the surrender on January 5, 1994. The DEA has consistently held that it does not have statutory authority under the Controlled Substances Act to register a practitioner unless that practitioner is authorized by the state to dispense controlled substances. See Bobby Watts, M.D., 53 FR 11919 (1988); Lawrence R. Alexander, M.D., 57 FR 22256 (1992). Dr. DeVeas is not authorized to administer, dispense, prescribe, or otherwise handle controlled substances under the laws of the state in which the proposes to practice. In light of this, the Deputy Administrator concludes that it is not necessary to address whether Dr. DeVeas' registration is consistent with the public interest. Based on the foregoing, the Deputy Administrator concludes that Respondent's application for registration must be denied. 21 U.S.C. 823(f). Accordingly, the Deputy 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) and 0.104, hereby orders that the application for registration of Sherman H. DeVeas, D.D.S., be, and it hereby is, denied. This order is effective November 29, 1994. Dated: November 22, 1994. Stephen H. Greene, Deputy Administrator. [FR Doc. 94-29346 Filed 11-28-94; 8:45 am] BILLING CODE 4410-09-M