[Federal Register Volume 79, Number 161 (Wednesday, August 20, 2014)]
[Notices]
[Pages 49339-49340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19785]


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 DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Glenn R. Unger, D.D.S.; Declaratory Order

    On March 7, 2014, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration, issued an Order to 
Show Cause to Glenn R. Unger, D.D.S., of Clifton Park, New York. The 
Show Cause Order proposed the revocation of the Certificate of 
Registration issued to Dr. Unger on three separate grounds.
    First, the Show Cause Order alleged that Dr. Unger's New York State 
dental license expired on June 30, 2010, and that he is ``currently 
without authority to practice dentistry or handle controlled substances 
in the State of New York, the State in which [he is] registered with 
the DEA.'' GX 1, at 1-2. The Order thus alleged that Dr. Unger's 
registration is subject to revocation under 21 U.S.C. 824(a)(3). Id. at 
2.

[[Page 49340]]

    Second, the Show Cause Order alleged that on June 25, 2012, Dr. 
Unger submitted an application to renew his DEA registration. Id. The 
Order alleged that notwithstanding that his New York State dental 
license had expired on June 30, 2010, Dr. Unger falsely stated that his 
license did not expire until June 30, 2013. Id. The Order thus alleged 
that this constituted a material falsification of the application and 
was ground to revoke the registration under 21 U.S.C. 824(a)(1).
    Third, the Show Cause Order alleged that notwithstanding his lack 
of state authority to dispense controlled substances, ``between 
December 2010 and November 2012,'' Dr. Unger ``issued at least seven 
controlled substance prescriptions'' to L.B. and M.N., for drugs which 
included hydrocodone 10/325mg, Ambien 10mg, and Percocet 5/325mg. Id. 
The Order further alleged that Dr. Unger violated federal law by 
authorizing six refills for two of the hydrocodone prescriptions and 
twelve refills for an Ambien prescription. Id. (citing 21 U.S.C. 829(b) 
and 21 CFR 1306.22(a)). Finally, the Order alleged that Dr. Unger 
violated federal law which prohibits the refilling of a schedule II 
prescription when he authorized two refills of a Percocet prescription. 
Id. at 3 (citing 21 U.S.C. 829(a) and 21 CFR 1306.12(a)). The Order 
thus alleged that Dr. Unger had committed acts rendering his 
registration ``inconsistent with the public interest.'' 21 U.S.C. 
824(a)(4).
    The Show Cause Order also notified Dr. Unger of his right to 
request a hearing on the allegations or to submit a written statement 
in lieu of a hearing, the procedure for electing either option, and the 
consequence of failing to elect either option. GX 1, at 3 (citing 21 
CFR 1301.43). On March 11, 2014, a DEA Diversion Investigator (DI) 
personally served the Show Cause Order on Dr. Unger who was then 
incarcerated at the Rennselaer County Jail. GX 3.
    Since the date of service, thirty (30) days have now passed and 
neither Dr. Unger, nor anyone purporting to represent him, has 
requested a hearing on the allegations or submitted a written statement 
in lieu of a hearing. I therefore find that Dr. Unger has waived his 
right to a hearing or to submit a written statement and issue this 
Decision and Order based on evidence contained in the Investigative 
Record submitted by the Government. 21 CFR 1301.43(d) & (e). I make the 
following findings of fact.

Findings

    Dr. Unger was licensed as a dentist by the State of New York 
between July 16, 1976 and June 30, 2010, at which point he became 
unregistered to practice dentistry. GX 4. Dr. Unger remains 
unregistered by the State as of the date of this order.
    Dr. Unger also previously held DEA Certificate of Registration 
FU1504477, pursuant to which he was authorized to dispense controlled 
substances as a practitioner in schedules II through V. GX 6. While 
this registration apparently expired in May 2012, on June 22, 2012, a 
renewal application was submitted for this registration. Id. The 
application listed Dr. Unger's former New York State license number and 
provided an expiration date of June 30, 2013. Id. at 2; GX 5, at 1. The 
application was not, however, signed by Dr. Unger but by a person named 
``Nathan Green.'' GX 5, at 2.
    Notably, the Application contains the following statement 
immediately above the signature line: ``Name of Applicant (For 
Individual registrants, the registrant themselves MUST complete this E-
Signature).'' Id. Moreover, immediately below the E-Signature line, the 
Application contains the following statement: ``This electronic 
application/DEA form must be certified by the applicant/registrant, if 
an individual . . . .'' Id.

Discussion

    Under DEA regulations:

    [e]ach application, attachment, or other document filed as part 
of an application, shall be signed by the applicant, if an 
individual. . . . An applicant may authorize one or more 
individuals, who would not otherwise be authorized to do so, to sign 
applications for the applicant by filing with the Registration Unit 
of the Administration a power of attorney for each such individual. 
The power of attorney shall be signed by a person who is authorized 
to sign applications under this paragraph and shall contain the 
signature of the individual being authorized to sign applications.

21 CFR 1301.13(j).

    As found above, Dr. Unger did not sign the application. Moreover, 
according to the registration records of the Agency (of which I take 
official notice, see 5 U.S.C. 556(e)), Dr. Unger has not submitted a 
power of attorney designating any person as authorized to sign his 
application. Accordingly, I find that the June 22, 2012 application was 
defective and should not have been accepted for filing. I further 
declare that DEA Certificate of Registration FU1504477 issued to Dr. 
Glenn R. Unger on June 25, 2012, was void ab initio and order that the 
registration be terminated. See id. Sec.  554(e). There being no 
application to act upon or registration to revoke, I further order that 
the Order to Show Cause be dismissed.
    It is so ordered.

    Dated: August 7, 2014.
Thomas M. Harrigan,
Deputy Administrator.
[FR Doc. 2014-19785 Filed 8-19-14; 8:45 am]
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