Registration with the Drug Enforcement Agency (DEA) is a requirement for licensed health professionals and pharmacies that work with controlled substances. Failure to register or comply with DEA requirements can result in an audit or disciplinary action. Working with an attorney can save you both time and money if you are under investigation.
At The Callahan Law Firm, we provide dedicated representation for healthcare providers who are the subject of a DEA investigation or need to register with the agency. We will ensure that your due process rights are met and will demand access to the information the agency has against you.
Contact our office today at (312) 209-9394 to schedule a confidential consultation.
Who Is Required to Register with the DEA?
Under federal laws, 21 U.S.C. 822(a) and 21 U.S.C. 957(a), all businesses that “import, export, manufacture, or distribute controlled substances,” as well as all individuals that are licensed to dispense, administer, and prescribe controlled substances must register with the Drug Enforcement Agency.
Businesses and practitioners that must register with the DEA may include:
- Law enforcement agencies
- Doctors or physicians
- Manufacturers and distributors of prescription medications
- Nurses and nurse practitioners
- Retail pharmacies and pharmacists
- Registered narcotic treatment programs
- Dentists
- Hospitals or clinics with pharmacies
- Podiatrists
- Long-term care facilities
Compliance with the law is essential. Failure to register with the DEA can result in a finding that you violated the Controlled Substances Act and may result in an administrative action. Administrative actions may include an Order to Show Cause or Immediate Suspension Order.
What Is an Order to Show Cause?
Federal law allows the DEA to suspend or revoke a party’s registration under certain circumstances. Prior to enforcing a denial, revocation, or suspension of a DEA registration, the agency will serve an order to show cause. The order to show cause allows the party an opportunity to submit a corrective action plan to prevent the administrative action.
Reasons the DEA may suspend, revoke, or deny a registration:
- They have reason to believe that there was materially false information on the application.
- The practitioner had been convicted of certain felonies.
- The practitioner had a state license or registration denied, revoked, or suspended.
- The practitioner engaged in an act that would make registration inconsistent with the public interest.
- The practitioner had been (or is going to be) excluded from participation in a Medicare or other state health care program.
If you have received an order to show cause from the DEA, you should consult with an attorney. DEA registration may prove critical to your business. The inability to register or a subsequent revocation of your registration should be handled by an experienced legal representative.
Why You Need an Attorney
With the rapidly evolving standards of practice in the controlled substance arena for both providers and companies, it is easy to become the target of a DEA investigation. Clients often face tremendous pressure from DEA agents to admit to mistakes they didn’t make and to surrender the registration they need to maintain their practice.
Our experienced attorneys can provide you with the tenacious representation you will need to protect yourself. We step in to immediately take back control of the matter by thoroughly investigating the case and helping to decide the best course of action moving forward. We will also provide guidance with any state licensure companion case that could arise.
Contact Our Office to Schedule a Consultation
Have you been issued an administrative action by the DEA? Contact our office to schedule a confidential consultation with an attorney. Call (312) 209-9394 to speak with a member of our legal team who can help you understand your rights.