DEPARTMENT OF JUSTICE

Drug Enforcement Administration

Barton J. Adams, D.O.; Revocation of Registration

On March 18, 1993, the Deputy Assistant Administrator, Office of Diversion
Control, Drug Enforcement Administration (DEA), issued an Order to Show Cause
to Barton J. Adams, D.O., 261 Lalo Street, Kahului, Hawaii, proposing to
revoke his DEA Certificate of Registration, AA2833641, and to deny any pending
applications for renewal of such registration as a practitioner under 21
U.S.C. 823(f). The proposed action was predicated on Dr. Adams' lack of
authorization to handle controlled substances in the State of Hawaii. 21
U.S.C. 824(a)(3).

A returned registered mail receipt indicates that the Order to Show Cause was
received on March 30, 1993. More than thirty days have passed since the Order
to Show Cause was received and the Drug Enforcement Administration has
received no response thereto. Therefore, the Acting Administrator concludes
that Dr. Adams has waived his opportunity for a hearing on the issues raised
in the Order to Show Cause and, pursuant to 21 CFR 1301.54(d) and 1301.54(e),
enters this final order based on the information contained in the DEA
investigative file.

The Acting Administrator finds that in 1984, Dr. Adams was licensed as an
osteopathic physician by the Hawaii Board of Osteopathic Examiners. On March
29, 1990, Dr. Adams sexually assaulted a patient. Criminal proceedings were
filed in the Circuit Court of the Second Circuit, State of Hawaii. On January
30, 1992, a jury returned a guilty verdict on three counts of sexual assault
in the second degree in violation of HRS Section 707Ä731(1)(a). On May 7,
1992, Dr. Adams was sentenced to ten years incarceration and a psychological
evaluation.

As a result of the conviction and other allegations of sexual assault, the
Hawaii Department of Commerce and Consumer Affairs filed an Ex Parte Motion
for Summary Suspension and a Petition for Disciplinary Action against Dr.
Adams. On February 24, 1992, Dr. Adams' medical license was summarily
suspended by the Hawaii Board of Osteopathic Examiners (Board). On May 15,
1992, a hearing was held by the Board. At the conclusion of the hearing, the
board issued an Interim Order in which it temporarily revoked Dr. Adams'
medical license. On July 10, 1992, the Board issued its Findings of Fact,
Conclusions of Law and Final Order and revoked Dr. Adams' medical license.

The Acting Administrator additionally finds that on June 30, 1992, Dr. Adams'
state controlled substance registration expired. The Acting Administrator
concludes that DEA does not have the statutory authority under the Controlled
Substances Act to maintain the registration of a practitioner who is not duly
authorized to handle controlled substances in the state in which he conducts
his business. See 21 U.S.C. 802(21), 21 U.S.C. 823(f) and 824(a)(3). This
prerequisite has been consistently upheld. Steven K. Campbell, M.D., 57 FR
56512 (1992); Bobby Watts, M.D., 53 FR 11919 (1988); Robert F. Witek, D.D.S.,
52 FR 47770 (1987) and cases cited therein.

The Acting Administrator further finds that as a result of Dr. Adams'
conviction, on February 23, 1993, the Office of the Inspector General, United
States Department of Health and Human Services, excluded Dr. Adams from
participation in the Medicare program for a period of ten years pursuant to 42
U.S.C. 1320aÄ7(a). Such exclusion provides a second statutory basis for the
revocation of Dr. Adams' DEA registration. 21 U.S.C. 824(a)(5); Nelson
Ramirez-Gonzalez, M.D., 58 FR 52787 (1993).

Having considered the facts and circumstances in this matter, the Acting
Administrator concludes that Dr. Adams' DEA Certificate of Registration should
be revoked due to his lack of authorization to handle controlled substances in
the State of Hawaii and his exclusion from the Medicare program.

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 DEA Certificate of Registration, AA2833641,
previously issued to Barton J. Adams, D.O, be, and it hereby is, revoked. The
Acting Administrator further orders that any pending applications for the
renewal of such registration, be, and they hereby are, denied. This order is
effective January 28, 1994.

Dated: December 21, 1993.

Stephen H. Greene,

Acting Administrator of Drug Enforcement.

[FR Doc. 93Ä31827 Filed 12Ä28Ä93; 8:45 am]

BILLING CODE 4410Ä09ÄM