[Federal Register Volume 59, Number 157 (Tuesday, August 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20032]
[[Page Unknown]]
[Federal Register: August 16, 1994]
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DEPARTMENT OF JUSTICE
Revocation of Registration; Stephen A. Richards, D.D.S.
On March 11, 1994, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Stephen A. Richards, D.D.S., of Sterling,
Colorado. The Order to Show Cause proposed to revoke Dr. Richards' DEA
Certificate of Registration, BR2567266, and deny any pending
applications for renewal of such registration under 21 U.S.C. 823(f).
On March 14, 1994, the Order to Show Cause was sent to Dr.
Richards' registered location by registered mail and was returned to
DEA unclaimed, with no forwarding address. The Order to Show Cause was
then mailed to Dr. Richards' last known address on July 25, 1994, and
was also returned unclaimed. Subsequent repeated attempts by DEA to
contact Dr. Richards have been unsuccessful.
Pursuant to 21 CFR 1301.54(d), the Deputy Administrator finds that
Dr. Richards has waived his opportunity for a hearing. Accordingly,
under the provisions of 21 CFR 1301.54(e) and 1301.57, the Deputy
Administrator enters his final order in this matter without a hearing
and based on the investigative file.
The Deputy Administrator finds that on July 20, 1990, Dr. Richards'
dental license was summarily suspended by the Colorado State Board of
Dental Examiners (Board), based in part upon his unsatisfactory care of
several patients. In October 1990, Dr. Richards entered into a
Stipulation and Order with the Board in which he agreed that his
license would remain suspended for a total of five months (July 20,
1990 to December 24, 1990); that his license would be reissued on or
after December 24, 1990, subject to the completion of certain terms and
conditions; and that upon resumption of his dental practice, Dr.
Richards was to be placed on probation. However, Dr. Richards failed to
reactivate his state dental license following its suspension, and as a
result, his license to practice dentistry in the State of Colorado
remained suspended.
In February 1993, Dr. Richards was called before the Board for a
disciplinary hearing. The administrative law judge that presided over
the hearing found, among other things, that Dr. Richards practiced
dentistry at a number of locations for over two years when his dental
license was suspended. As a result, on May 6, 1993, the administrative
law judge recommended to the Board that Dr. Richards' dental license be
revoked. On July 21, 1993, the Board voted to accept the administrative
law judge's recommendation, and revoked Dr. Richards' dental license.
The Deputy Administrator finds that as of July 21, 1993, Dr.
Richards' license to practice dentistry in the State of Colorado has
been revoked, and as a result, he is not authorized to handle
controlled substances. The Drug Enforcement Administration cannot
register or maintain the registration of a practitioner who is not duly
authorized 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 James H. Nickens, M.D.,
57 FR 59847 (1992); Elliott Monroe, M.D., 57 FR 23246 (1992); Boby
Watts, M.D., 53 FR 11919 (1988).
Based on the foregoing, it is clear that Dr. Richards' DEA
Certificate of Registration must be revoked. 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 (59 FR 23637), hereby orders that DEA Certificate of
Registration, BR2567266, previously issued to Stephen A. Richards,
D.D.S., 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 August 16, 1994.
Dated: August 10, 1994.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 94-20032 Filed 8-15-94; 8:45 am]
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