DEA MATTERS

DEA registration is a must for healthcare practitioners who want to prescribe or distribute controlled substances, but obtaining and maintaining registration can sometimes be a challenge. Industry professionals may find themselves the target of DEA audits, investigations or other DEA matters that can ultimately impact their registration and their careers.

The attorneys at Norman Spencer Law Group can help. Our extensive healthcare experience stretches back for more than a decade, and we’ve represented licensed healthcare professionals in numerous DEA matters that include:

• DEA Disciplinary actions
• DEA Registration defense
• DEA Inspections and audits
• DEA Enforcement actions
• DEA registration surrenders, revocations and suspensions
• DEA registration renewal and new application issues
• Criminal actions that impact DEA registration and professional licensing

Our seasoned healthcare lawyers help DEA registrants with criminal actions as well as disciplinary actions for alleged violations. Violations of the Controlled Substances Act, or CSA, are some of the most common issues we’ve encountered. We’ve likewise defended healthcare professional against alleged violations of other DEA regulations.

The DEA has recently increased investigations into pain clinics and other registered prescribers of controlled substances. The increase in investigations has led to an escalation of criminal actions against healthcare professionals. Many face allegations of violations of the CSA and state statutes related to controlled substances.

The healthcare legal team at Norman Spencer Law Group has represented and defended clients accused of various crimes in relation to controlled substances. Drug trafficking indictments are among the most common criminal charges, and we have handled many over the years.

In addition to criminal defense, our lawyers assist with matters related to DEA registrations. We can help with DEA registration applications and renewals, as well as obtaining DEA registration following a DEA registration suspension or surrender.

While previous disciplinary actions and criminal convictions can make obtaining DEA registration more difficult, our experienced attorneys have helped healthcare professionals obtain the registration they need to reinstate their practice.

Clients we’ve assisted in DEA matters include:

• Physicians
• Dentists
• Nurse practitioners
• Pharmacies
• Pain clinics
• Veterinarians
• Narcotic treatment programs
• Drug distributors and manufacturers

Our lawyers have successfully represented healthcare professionals and their practices with routine DEA audits, as well as investigations into alleged violations of the CSA. Although many audits are routine to ensure ongoing compliance with the Controlled Substances Act, some serve as investigations into suspected wrongdoing.

Whether routine or investigative, audits can result in criminal action against the healthcare practitioner, putting their DEA registration in jeopardy. Obtaining an experienced attorney at the onset of a DEA audit is crucial to ensure your rights, practice and career are protected.

Other common DEA matters include DEA registration surrenders, revocations and suspensions. The option of voluntarily surrendering DEA registration is often offered to healthcare professionals in exchange for no further action being taken against the individual. This offer is frequently presented after an audit, investigation or raid when the practitioner is wary, confused or fearful of license revocation.

While voluntarily surrendering DEA registration may appear to be an easy solution, it can actually result in more hardships down the line. These can include:

• Triggering administrative action against state medical license, pharmacy license or other professional licenses
• Possibly being unable to apply for DEA registration in the future

Significant delays in the DEA adjudication process are another factor to consider. They can work in your favor if you don’t voluntarily surrender your DEA registration, but against you if you do.

Some healthcare professionals have voluntarily surrendered their DEA registration after they were told it was going to be revoked anyway, although that may not always be the case. In order to revoke or suspend a DEA registration, the attorney general must prove one of the following scenarios to be true:

• The registrant included false information on the DEA registration application
• The registrant was convicted of a felony related to controlled substances
• The registrant had a state registration or license denied, revoked or suspended or recommended for denial, revocation or suspension by a state authority and is no longer authorized to handle controlled substances
• The registrant committed acts considered inconsistent with the public interest

As is the case with other court proceedings, the burden of proof falls on the authorities. They must provide adequate evidence to support the accusations if your DEA registration is to be suspended or revoked.

Seeking skilled legal counsel is imperative when facing DEA registration revocation, suspension, denial, surrender or issues with renewal. The experienced healthcare attorneys at Norman Spencer Law Group have helped many healthcare professionals obtain or maintain their DEA registration in the face of accusations, allegations and other challenges.

We represent practitioners through every phase of DEA proceedings, from the initial audit to the hearings, to the appeals process if necessary. If you’re involved in any DEA matters and want a strong legal team by your side, contact our office today.