DEA Registration Disciplinary Action
Licensed healthcare professionals who prescribe controlled substances must comply with stringent state and federal requirements. Those requirements regulate the prescription and dispensing of controlled substances, or those classified as Schedule II, Schedule III or Schedule IV drugs. Failure to adhere to the requirements can trigger an audit or investigation that may not only result in monetary fines, but may also threaten your DEA registration and state license.
If you find yourself the target of a DEA audit or investigation, the attorneys at Norman Spencer Law Group can help. We’ve represented healthcare providers at all stages of the DEA registration defense and disciplinary process. We are dedicated to defending dispensers and prescribers against actions that have included DEA audits and investigations, DE registration applications and denials, DEA registration revocation and suspension, and DEA raids.
Our experienced healthcare lawyers likewise work with dispensers and prescribers to provide counsel on federal and state regulations regarding controlled substances. One of the best ways to avoid DEA disciplinary action is to ensure your practices are compliant to prevent investigations and enforcement actions in the first place.
Types of DEA Violations
A variety of actions or behaviors can target a licensed healthcare professional for DEA investigation, audit and subsequent disciplinary action. Some of the most common cases include:
- Unlawful dispensing of controlled substances
- Prescribing beyond accepted medical treatment
- Dispensing beyond scope of medical practice
- Conspiracy to possess, dispense or distribute controlled substances
- Drug diversion or trafficking
- Prescribing or dispensing to drug dependent individuals
- Dispensing with improper labeling
- Failure to keep proper records
Prescribers and distributors may also find themselves involved with other DEA matters that threaten their careers. These can include:
- DEA audits and investigations
- Denial of DEA registration
- Revocation or request to surrender DEA registration
- Matters pertaining to DEA license renewal
With more than 10 years representing and defending healthcare professionals, the legal team at Norman Spencer Law Group is at your service.
DEA Enforcement Action
The penalties for not adhering to DEA regulations can be harsh. They may not only threaten your registration or license status with the DEA, but your state board license as well. Penalties for noncompliance can include a number of sanctions, such as:
- Prison terms
- Probation terms
- Special assessments and fines
- Revocation of DEA registration
- Suspension of state medical license
DEA Registration Defense
The healthcare attorneys at Norman Spencer Law Group are dedicated to protecting DEA registrations of pharmacists, distributors, doctors, nurse practitioners, treatment facilities and other industry professionals who require DEA registration to perform their work.
The DEA has the authority to revoke, suspend or deny an individual’s DEA registration for a number of reasons. Some of the most common include:
- A falsified application for DEA registration
- A state medical license that has been denied, revoked or suspended
- Exclusion from Medicaid or Medicare program participation
- Conviction of a felony associated with controlled substances
- Commission of an act considered inconsistent with public interest
Acts that are considered inconsistent with public interest include several items. DEA registration could be in jeopardy if individuals or entities:
- Have past state or federal convictions associated with the dispensing, distribution or manufacture of controlled substances
- Fail to comply with applicable local and state laws
- Fail to uphold effective controls against drug diversion of a controlled substance
- Lack adequate experience distributing controlled substances
- Exhibit other factors not consistent with public health and safety
Our healthcare attorneys are deeply knowledgeable about DEA registration as well as professional licensing, whether it’s a medical license, pain clinic license, distributor license or pharmacy license. We have extensive experience helping healthcare industry professional with DEA registration applications, the application process and the renewal process. We’re also well-versed at handling DEA registration defense, during DEA inspections and investigations as well as in court.
DEA Registration Defense Attorneys
The suspension, revocation or denial of DEA registration is a process, and the sooner you obtain experienced legal assistance, the better. The DEA action begins when the agency serves an order to show cause. This is the registrant’s opportunity to provide reasons why their DEA registration should not be denied, suspended or revoked.
Securing legal counsel at this point is crucial to preserve your rights for a hearing. It is also the ideal time to prepare a defense to protect your DEA registration. Having an experienced healthcare attorney at your side during the hearing is essential, as we can guide you through the procedure while staunchly defending your case.
Obtaining legal assistance is of the utmost importance at every stage of DEA registration defense, as there are numerous mistakes healthcare professionals can make along the way. One is to voluntarily relinquish DEA registration in lieu of further action. While the move may seem the easiest path to take, it’s never a move that should be made without first seeking legal counsel.
The experienced healthcare lawyers at Norman Spencer Law Group are available for DEA registration defense, questions and assistance with registration applications. Call our office to schedule a consultation today.