[Federal Register Volume 62, Number 131 (Wednesday, July 9, 1997)]
[Notices]
[Pages 36845-36846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17785]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Paul W. Teegardin, D.V.M.; Denial of Application
On February 25, 1997, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Paul W. Teegardin, D.V.M., of Ashville, Ohio,
notifying him of an opportunity to show cause as to why DEA should not
deny his application, dated December 6, 1995, for a DEA Certificate of
Registration as a practitioner pursuant to 21 U.S.C. 823(f), for reason
that his registration would be inconsistent with the public interest.
Specifically, the Order to Show Cause alleged that:
``(1) (Dr. Teegardin's) last DEA registration, AT6745648, expired
in November 1997. On two occasions in 1990-91, (he) prescribed for
(himself) and received diazepam injectable, a Schedule IV controlled
substance, and Darvocet, a Schedule IV controlled substance. These
prescriptions were issued not in the course of usual professional
practice and not for a
[[Page 36846]]
legitimate medical purpose, in violation of 21 U.S.C. Secs. 841(a)(1)
and 843(a)(3).
(2) On July 29, 1995, (Dr. Teegardin) prescribed for (himself) and
received Darvocet, a Schedule IV controlled substance. On August 10,
1995, (he) prescribed diazepam injectable, a Schedule IV controlled
substance, purportedly for administration to a feline patient. These
prescriptions were issued not in the course of usual professional
practice and not for a legitimate medical purpose, in violation of 21
U.S.C. Secs. 841(a)(1) and 843(a)(3)''. The order also notified Dr.
Teegardin that should not request for a hearing be filed within 30
days, his hearing right would be deemed waived.
The Order to Show Cause was personally served on Dr. Teegardin on
April 2, 1997. No request for a hearing or any other reply was received
by the DEA from Dr. Teegardin 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. Teegardin 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 Dr. Teegardin has not
possessed a valid DEA Certificate of Registration since 1977. A joint
investigation by DEA and the Ohio Veterinary Medical Licensing Board
(Board) revealed that Dr. Teegardin had issued at least four controlled
substance prescriptions while not authorized to do so. On October 4,
1995, during an interview with a Board investigator, Dr. Teegardin
admitted that in the past approximately ten years, he had issued
prescriptions to himself for ``dangerous drugs'' to treat an
unidentified health problem and had issued prescriptions to a Clara
Teegardin for a non-veterinary purpose.
The investigation also revealed that Dr. Teegardin issued a
prescription for Valium, a Schedule IV controlled substance, for the
cat of a retired dentist, which was telephoned into a local pharmacy.
On December 4, 1995, after Dr. Teegardin discovered that the Board was
questioning the issuance of the prescription, Dr. Teegardin reportedly
contacted the pharmacist and the retired dentist and attempted to
convince them to remove his name as the prescriber on the prescription
and to replace his name with the name of the retired dentist. In
addition, Dr. Teegardin admitted that he failed to maintain patient
files or medical records in certain situations which is a violation of
state law and he failed to comply with several subpoenas issued by the
Board also in violation of state law.
On February 19, 1997, the Board and Dr. Teegardin entered into a
settlement agreement whereby Dr. Teegardin was suspended for 60 days
from the practice of veterinary medicine and fined $500.00. In
addition, Dr. Teegardin's license was placed on probation with the
requirement that he attend 60 hours of continuing education.
Pursuant to 21 U.S.C. Sec. 823(f), the Deputy Administrator may
deny an application for a DEA Certificate of Registration if he
determines that such registration would be inconsistent with the public
interest. In determining the public interest, the following factors are
considered:
(1) The recommendation of the appropriate State licensing board or
professional disciplinary authority.
(2) The applicant's experience in dispensing, or conducting
research with respect to controlled substances.
(3) The applicant's conviction record under Federal or State laws
relating to the manufacture, distribution, or dispensing of controlled
substances.
(4) Compliance with applicable State, Federal, or local laws
relating to controlled substances.
(5) Such other conduct which may threaten the public health and
safety.
These factors are to be considered in the disjunctive; the Deputy
Administrator may rely on any one or a combination of factors and may
give each factor the weight he deems appropriate in determining whether
a registration should be revoked or an application for registration be
denied. See Henry J. Schwarz, Jr., M.D., Docket No. 88-42, 54 FR 16422
(1989).
Dr. Teegardin issued prescriptions for controlled substances
without being registered with DEA to do so. As a result, he violated
both Federal and state law regarding controlled substances. In
addition, he failed to comply with other state laws regarding his
practice of veterinary medicine. Based upon the Board's investigation,
Dr. Teegardin's license to practice veterinary medicine was suspended
for a period of time and then placed on probation. The Acting Deputy
Administrator is particularly troubled by Dr. Teegardin's efforts,
after learning that he was under investigation, to have his name
removed as the prescriber from a controlled substance prescription. Dr.
Teegardin did not respond to the Order to Show Cause and therefore did
not offer any mitigation evidence. Consequently, the Acting Deputy
Administrator concludes that based upon the evidence before him, Dr.
Teegardin's registration would be inconsistent with the public
interest.
Accordingly, the Acting Deputy Administrator of the Drug
Enforcement Administration, pursuant to the authority vested in him by
21 U.S.C. 823 and 28 CFR 0.100(b) and 0.104, hereby orders that the
application, submitted by Paul W. Teegardin, D.V.M., on December 6,
1995, for a DEA Certificate of Registration, be, and it hereby is,
denied. This order is effective August 8, 1997.
Dated: July 1, 1997.
James S. Milford,
Acting Deputy Administrator.
[FR Doc. 97-17785 Filed 7-8-97; 8:45 am]
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