[Federal Register Volume 67, Number 97 (Monday, May 20, 2002)]
[Notices]
[Pages 35588-35589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12486]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Frank W. Nedock, D.D.S.; Revocation of Registration

    On or about April 6, 2001, the Deputy Assistant Administrator, 
Office of Diversion Control, Drug Enforcement Administration (DEA), 
issued an Order to Show Cause (OTSC) to Frank W. Nedock, D.D.S., at his 
DEA registered premises in Bloomfield Township, Michigan, notifying him 
of an opportunity to show cause as to why the

[[Page 35589]]

DEA should not revoke his DEA Certificate of Registration, AN7738048, 
and deny any pending applications for renewal of said registration, for 
reason that such registration is inconsistent with the public interest 
as determined pursuant to 21 U.S.C. 823(f). The OTSC also notified Dr. 
Nedock that, should no request for hearing be filed within 30 days, the 
right to a hearing would be waived.
    The OTSC was personally served upon Dr. Nedock by a DEA Diversion 
Investigator May 4, 2001. To date, no response has been received from 
Dr. Nedock nor anyone purporting to represent him.
    Therefore, the Deputy Administrator of the DEA, finding that (1) 
thirty days having passed since receipt of the Order to Show Cause, and 
(2) no request for a hearing having been received, concludes that Dr. 
Nedock is deemed to have waived his rights to a hearing. Following a 
complete review of the investigative file in this matter, the Deputy 
Administrator now enters his final order without a hearing pursuant to 
21 CFR 1301.43(d) and (e) and 1301.46.
    The Deputy Administrator finds as follows. On June 27, 2000, the 
State of Michigan Bureau of Health Service, Board of Dentistry (Board), 
issued a Final Order prohibiting Dr. Nedock from prescribing any 
controlled substances in Schedules I through IV. On December 26, 2000, 
the Board's Disciplinary Subcommittee issued an Administrative 
Complaint to Dr. Nedock alleging that he wrote 125 Schedule III 
controlled substance prescriptions during the period between July 27, 
2000, and October 10, 2000, in violation of the Board's Final Order. On 
January 2, 2001, the Board issued an Order of Summary Suspension 
suspending Dr. Nedock's license to practice dentistry.
    In response, Dr. Nedock issued a letter dated January 6, 2001, to 
the Michigan Department of the Attorney General, alleging that an 
employee of that office was ``* * * in violation of my Recorded 
Copyright * * * [that] mandates issue(s) and user(s) in violation of 
the Recorded Copyright be charged one million dollars of silver species 
[sic] in lawful coinage of the United States per use per fiction.''
    On February 13, 2001, the DEA Detroit office was notified that 
controlled substance prescriptions written by Dr. Nedock were being 
presented to local pharmacies. On February 23, 2001, a DEA investigator 
met with Dr. Nedock and informed him that he was not permitted to 
prescribe controlled substances.
    On February 15, 2001, the Board held a hearing regarding Dr. 
Nedock's suspension. Although he was present, Dr. Nedock refused to 
admit his identity, and instead identified himself as the ``trustee 
fiduciary creditor of the secured party.'' On March 5, 2001, a patient 
presented a prescription issued by Dr. Nedock for a controlled 
substance at a local pharmacy. That same day, DEA investigators learned 
that the same patient also received a controlled substance prescription 
from Dr. Nedock February 26, 2001. Substantial evidence in the 
investigative file shows Dr. Nedock continues to practice dentistry 
even though his license has been suspended.
    The investigative file contains no evidence that Dr. Nedock's 
license has been reinstated. Therefore, the Deputy Administrator 
concludes that Dr. Nedock is not currently authorized to practice 
dentistry in Michigan, the State in which he maintains his DEA 
Certificate of Registration.
    The DEA does not have the statutory authority pursuant to the 
Controlled Substances Act to issue or to maintain a registration if the 
applicant or registrant is without state authority to handle controlled 
substances in the state in which he or she practices. See 21 U.S.C. 
823(f) and 824(a)(3). This prerequisite has been consistently upheld in 
prior DEA cases. See Graham Travers Schuler, M.D., 65 FR 50,570 (2000); 
Romeo J. Perez, M.D., 62 FR 16,193 (1997); Demetris A. Green, M.D., 61 
FR 60,728 (1996); Dominick A. Ricci, M.D., 58 FR 51,014 (1993).
    In the instant case, the Deputy Administrator finds the Government 
has presented evidence demonstrating that Dr. Nedock is not authorized 
to practice dentistry in Michigan, and therefore, the Deputy 
Administrator infers that Dr. Nedock is also not authorized to handle 
controlled substances in Michigan, the state in which he holds his DEA 
Certificate of Registration.
    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 DEA 
Certificate of Registration AN7738048, previously issued to Frank W. 
Nedock, D.D.S., be, and it hereby is, revoked. The Deputy Administrator 
hereby further orders that any pending applications for renewal or 
modification of said registration be, and hereby are, denied. This 
order is effective June 19, 2002.

    Dated: May 6, 2002.
John B. Brown III,
Deputy Administrator.
[FR Doc. 02-12486 Filed 5-17-02; 8:45 am]
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