DEA Registrations Applications and Denials

Healthcare professionals who aim to prescribe or dispense controlled substances must obtain Certificate of Registration from the DEA. This applies to pharmacists, doctors, nurse practitioners, veterinarians, dentists and other practitioners across the industry.

Although it may be straightforward for some to obtain DEA registration, others have difficulties due to various issues. These issues can range from the area of their practice to lack of experience, and also include matters such as prior licensing or disciplinary actions.

The healthcare attorneys at Norman Spencer Law Group are dedicated to helping professionals acquire and protect their DEA registration. We can help with DEA registration applications, application denials, appeals, show cause hearings and even DEA investigations, audits and raids.

If you’re applying for DEA registration, you can expect a new application to be processed within four to six weeks and a renewal application to be proceeds in about four weeks. While those are standard timeframes listed on the DEA website, we’ve found the application process can take much longer. Applicants can spend months waiting for a response from the DEA, all while incurring considerable costs and losing income due to the lack of DEA registration.

Healthcare professionals who find themselves in that situation would do well to consider hiring a lawyer to assist with the process. The attorneys at Norman Spencer Law Group have extensive experience working with the DEA and other administrative agencies. Involving a lawyer in your application process can result in the DEA taking prompt action on your behalf.

DEA registration applications can be denied for several legal reasons. They include:

• Falsely answering a DEA registration applications
• Conviction of a felony
• Revocation, denial or suspension of a state registration or license
• Exclusion from participation in Medicaid or Medicare programs
• Acts deemed inconsistent with the public interest

Before the DEA can deny any registration application, the DEA administrator must issue a show cause order. This order allows you to show cause as to why your application should not be denied, and you are also entitled to a hearing on the matter if you request one within 30 days of receiving the order.

Show cause hearings are complicated legal proceedings that ascertain your substantive rights. If you are presented with a show cause order, it’s imperative to hire a lawyer experienced in administrative proceedings to argue your case at the hearing. The legal team at Norman Spencer Law Group is at your service.

One of the determining factors for DEA registration is if a healthcare practitioner has engaged in acts that are inconsistent with the public interest. A variety of acts fall into this category, and registration applications may be denied if you:

• Fail to maintain controls against drug diversion of controlled substances
• Fail to comply with applicable local and state laws
• Lack adequate experience with regard to controlled substance distribution
• Have past state or federal convictions associated with the dispensing, distribution or manufacture of controlled substances

Other factors that impact public health and safety may also be considered when reviewing your application.

A show cause order outlines the reason your DEA registration application was denied, the legal basis for the hearing, and a summary of the matters of fact and law applied in your case. If you respond to a show cause order within 30 days, you get the opportunity to appear before the DEA administrative in a hearing.

If you fail to respond to the show cause order or request a hearing within the time frame, your right to a hearing will be waived. An administrative law judge could also find that you likewise waived your rights to submit a written statement. In such cases, the judge could simply accept the DEA’s recommendation to deny your registration application.

Failure to act swiftly can result in failure to obtain DEA registration, and hiring an experienced attorney is crucial. The DEA registration lawyers at Norman Spencer Law Group have successfully defended the rights of healthcare practitioners at show cause hearings, with favorable outcomes in many cases.

Show cause hearings give the administrative law judge an opportunity to review factual evidence supporting issues associated with your DEA registration denial. The involved parties present evidence, submit rebuttal evidence and conduct cross-examinations on adverse witnesses. The burden of proof is on the DEA to show that a violation has taken place and that a registration application should be denied.

After the hearing, the administrative law judge certifies the record and issues the final order either denying or granting DEA registration. If healthcare practitioners are not satisfied with the final order, they may appeal the ruling to a federal court with appellate jurisdiction.

Whether you need representation at a hearing, have received an initial show cause order, or are dealing with another DEA matter, the experienced lawyers at Norman Spencer Law Group can help. We’ve assisted practitioners will all types of DEA matters, from registration denial to enforcement actions. We’re here to help you obtain and protect your DEA registration. Call our office to schedule a consultation today.