Last Updated on: 11th March 2023, 05:50 pm

What to Expect During a DEA Audit: Understanding Your Rights

As a nationwide law firm, Spodek Law Group, and Attorney Todd Spodek understand the importance of ensuring that healthcare professionals and practices know their rights when it comes to DEA audits. In this article, we will explain what to expect during a DEA audit and what steps you should take to protect yourself, your practice, and your DEA registration.

What is a DEA Audit?

A DEA audit is an inspection that the Drug Enforcement Administration (DEA) performs to ensure that healthcare professionals and practices are complying with federal laws related to controlled substances. The audit may involve reviewing records, interviewing staff, and observing operations.

DEA Audit: Notice of Inspection

If you receive a notice of inspection from the DEA, it is essential to know that the notice will indicate the specific controlled substances that the DEA will audit. The DEA will also request access to all records related to the specific controlled substances being audited. This includes patient files, prescription records, inventory records, and any other records that pertain to the specific controlled substances being audited.

DEA Audit: Conducting the Audit

The DEA has a few options when conducting an audit. The first option is to conduct a “walk-through” audit. This is where the DEA will simply walk through your facility and take a look at your operations and inventory control procedures. They may ask you questions about your operations during this time, but they will not take any records with them during this type of audit.

The second option is for the DEA to conduct an “on-site” audit. This is where they will actually take some of your records with them for further review at their office or lab. The DEA may also seize some of your inventory during this type of audit if they believe it was obtained illegally or if it was not properly accounted for in your inventory control procedures.

DEA Audit: Protecting Your Rights

If the DEA conducts an on-site audit and seizes some of your inventory, it is crucial to contact a healthcare attorney immediately. An attorney who specializes in these types of cases, like Spodek Law Group and Attorney Todd Spodek, can help you protect your rights and get back what belongs to you as soon as possible.

DEA Administrative Search Warrants

The DEA may also conduct an audit without a warrant if the registrant consents to the audit. The DEA may ask for consent to an audit at any time, including during an inspection. If the DEA finds discrepancies between what was reported and what was actually dispensed, it will send a letter to the registrant informing him or her of these discrepancies and asking for an explanation.

DEA Criminal Search Warrants

If the DEA obtains a criminal search warrant, it means that the DEA has probable cause to believe that a crime has been committed and that evidence of the crime is located at your premises. If you believe that the DEA conducted an unreasonable search or seizure, you should contact Spodek Law Group and Attorney Todd Spodek immediately. Our experienced attorneys can provide you with immediate advice to help protect you, your practice, and your DEA registration.

DEA Subpoenas

The DEA may issue subpoenas for documents, records, or testimony without prior notice to the recipient. If you receive a subpoena from the DEA, you should contact Spodek Law Group and Attorney Todd Spodek immediately. Our attorneys are experienced in handling DEA investigations and enforcement actions and can provide you with immediate advice to help protect you, your practice, and your DEA registration.

What to Do During a DEA Audit

If the DEA has a warrant to inspect your practice, it is essential to remain calm and cooperate with the agents during their search of your practice. However, it is also important to protect your rights and consult with an attorney before answering any questions. You have the right to remain silent and to have an attorney present during questioning.

It is also important to ask for a copy of the warrant and to seek clarification if you do not understand it. If you believe that the warrant is too broad or otherwise improper, tell the agent and ask him or her to wait while you contact your attorney. Do not try to stop the search unless you believe that agents are violating your rights or searching beyond what is authorized by the warrant.

After the DEA Agents Leave Your Practice

The DEA audit process can be stressful, but it is important to know what to expect and how to protect yourself. After DEA agents leave your practice, the next steps depend on what information the DEA obtained during the search of your practice.

If the DEA obtained evidence that it believes is incriminating, you may be arrested and charged with a crime. If you are arrested, you should plead not guilty at your arraignment hearing and seek the guidance of an experienced healthcare attorney, like Spodek Law Group and Attorney Todd Spodek.

If no evidence was obtained during the search of your practice that could lead to criminal charges being filed against you, there is nothing further that needs to happen after agents leave your practice. However, if they found evidence that they believe could lead to criminal charges being filed against someone else, such as one of your employees, they may return later on with an arrest warrant for one or more individuals involved in illegal activity at your practice.

Conclusion

As a nationwide law firm with experience in handling DEA investigations and enforcement actions, Spodek Law Group and Attorney Todd Spodek understand the importance of protecting your rights during a DEA audit. If you have been contacted by a DEA auditor or inspector, do not hesitate to contact our firm for immediate guidance and representation. We can help you understand your rights and obligations during an audit and can represent you if any disciplinary action is taken against your license as a result of an audit. Contact us today to schedule a consultation.

Last Updated on: 20th March 2023, 10:45 am

Drug Enforcement Agency Audits and Inspections – What You Need to Know

The Drug Enforcement Agency (DEA) is responsible for investigating and monitoring drug crimes and trafficking across the United States. While the agency typically focuses on major drug trafficking and doctors or pharmacies suspected of illegally prescribing opiates, it may also conduct audits and inspections of healthcare practitioners and pharmacies to ensure compliance with the Controlled Substance Act (CSA).

DEA Warrants and Notices of Inspection

Unlike conducting a search for a criminal proceeding, the DEA is not always required to have a search warrant for an inspection to determine whether your practice is compliant with the CSA. DEA audits are common and can happen with little to no warning. However, if other agencies are involved in the same criminal investigation, the DEA needs a warrant to search your practice or clinic. If presented with an administrative inspection warrant, you must consent to the inspection.

In a DEA audit, if DEA inspectors present DEA Form 82, you must give informed consent before the audit or inspection can begin. This written statement affirms that you were informed of your constitutional rights and your awareness that anything of incriminating nature can be used against you during a criminal prosecution. An experienced attorney like Todd Spodek from Spodek Law Group can provide helpful guidance to protect you, your healthcare practice, and your DEA registration.

DEA Audits – Administrative Search Warrants for Inspections

To conduct a DEA audit, the agency must obtain an administrative inspection warrant if you refuse to give informed consent. Unlike a search warrant, the DEA is not required to show probable cause for an administrative search warrant. The agency is only required to describe the nature and extent of why it needs to search your facility and items it wishes to seize. This type of warrant is routinely granted.

If you refuse to comply with an administrative search warrant presented during a DEA audit, you could be arrested. Noncompliance found following a DEA audit may result in the DEA issuing an audit report that details the areas deemed noncompliant with the CSA. This report could lead to the Department of Justice pursuing criminal prosecution or administrative action against your DEA registration.

Preparing for a DEA Audit with DEA Lawyers

DEA audits and inspections are done by DEA diversion investigators as part of the DEA’s diversion control program. If you receive a DEA Form 82 or administrative inspection warrant, you should contact an experienced DEA attorney like Todd Spodek immediately.

The DEA can inspect healthcare practitioners for many reasons, including investigating a tip from a patient or pharmacy about prescription practices, investigating possible deviations from prescribing patterns, or conducting random investigations to ensure compliance. If presented with a notice of inspection, the physician must sign the notice and review their Statement of Rights. They can ask to see proof of an existing DEA registration, patient prescription and dispensing logs, and the safe and secure areas where drugs are stored.

You should treat every day as though you could face a DEA investigation requiring the help of a DEA lawyer. Ensure compliance with all relevant regulations every day, and make sure all documents are readily available. Notify your staff of the possibility of a DEA audit and allocate a private space in your office where the DEA and your staff can conduct the audit.

Our DEA lawyers can provide helpful guidance that protects you, your healthcare practice, and your DEA registration. They can intervene during DEA audits and enforcement actions, ensuring that the DEA adheres to the scope of its search warrant. We can help you keep your professional licenses and reputation unharmed and defend you against administrative, civil, and criminal actions.

How to Prepare for a DEA Audit with DEA Lawyers

As a healthcare practitioner, you must be prepared for a DEA audit at any time. If the DEA inspectors identify themselves and present a notice of inspection to you, you should immediately contact the Spodek Law Group and Attorney Todd Spodek. The inspector will ask you to sign a notice of inspection before proceeding with the audit. The notice will contain a Statement of Rights for the physician, which you should review carefully and discuss with your attorney.

During the audit, the inspector may ask for proof of your DEA registration, patient prescription logs, patient dispensing logs, and information about the safe and secure areas where drugs are stored. They may also want to review patient logs. It is essential to ensure that you are always in compliance with these requirements and that all necessary documents are readily available.

The Spodek Law Group and Attorney Todd Spodek strongly advise treating every day like a day when a DEA investigation requiring a DEA lawyer’s help could occur. If you receive a DEA audit notice, notify your staff that the DEA is authorized to audit all physicians. All DEA inspectors are trained to conduct audits efficiently, and you and your staff should expect efficient and amicable behavior from them. Your staff is allowed to oversee the inspection, and you should identify one or two people who can oversee the inspection and are prepared to deal with it. Allocate a private space in your office where the inspectors and your staff can do the audit.

DEA Warrants and DEA Notices of Inspection (DEA Form 82)

Unlike in criminal cases, the DEA doesn’t need a search warrant to conduct an inspection to determine whether you are in compliance with the CSA. However, if the DEA is participating in a criminal investigation with other agencies, they must have a search warrant to search the clinic. DEA inspections and audits are done by DEA diversion investigators, and they are a part of the DEA’s diversion control program. DEA audits will begin when a DEA Form 82 (Notice of Inspection of Controlled Premises), or an administrative inspection warrant, is presented to a physician before the inspection as part of the DEA investigation. When presented with this form, you should contact the Spodek Law Group and Attorney Todd Spodek immediately.

Informed Consent for DEA Audits and DEA Investigations

If Form 82 is presented, the physician is required to give informed consent before the DEA audit or inspection begins. Informed consent is a written statement affirming that you have been informed of your right not to have an administrative inspection, that anything of an incriminating nature found can be used against you in a criminal case, and that you voluntarily consent to the search.

Depending on the situation, the DEA may not need informed consent to conduct an inspection without an administrative search warrant. An administrative search warrant isn’t needed for healthcare providers who are applying for their initial DEA registration, or for inspection of books and records according to an administrative subpoena issued by the DEA’s subpoena power, or for administrative inspections where the DEA feels there is an imminent danger to the public health and safety.

Administrative Search Warrants and DEA Investigations

If you refuse to give informed consent for the DEA audit, the DEA will get an administrative search warrant from a federal court. Unlike search warrants, administrative inspection warrants don’t require the DEA to show probable cause. Instead, to get an administrative search warrant, the DEA needs to simply describe the nature and extent of the inspection and any items they are looking to seize. Courts routinely grant administrative search warrants without much issue.