NATIONALLY RECOGNIZED FEDERAL LAWYERS
Last Updated on: 26th August 2023, 03:06 pm
Types of Violations That May Lead to a Suspension or Revocation
The DEA may take action against a practitioner’s registration for any number of reasons, including:
- Violating the Controlled Substances Act or related regulations;
- Making false statements on an application for registration;
- Dispensing controlled substances without a legitimate medical purpose; and/or,
- Dispensing controlled substances outside the scope of professional practice.
In addition to taking action against a practitioner’s registration, the DEA may also seek to impose civil monetary penalties or seize assets that are believed to be associated with illegal activity. A practitioner who is facing any type of investigation by the DEA should seek legal assistance as soon as possible. In some cases, it may be possible to avoid having a registration suspended or revoked if issues are addressed quickly and appropriately. However, if there is evidence that a practitioner has committed criminal activity related to controlled substances, they may face charges in addition to losing their ability to prescribe drugs. A lawyer can help you understand your rights and options in this situation and can work with you throughout the process of responding to an investigation by the DEA.
The Consequences of Surrendering Your DEA Registration
When a medical provider surrenders their DEA registration, they are permanently giving up their authority to prescribe controlled substances. This means that they will no longer be able to write prescriptions for drugs such as opioids or other pain medications, which could have a significant impact on their ability to provide care for patients who need these medications. Additionally, surrendering a DEA registration may also result in the following consequences:
Loss of state medical license : In some states, surrendering a DEA registration may trigger an automatic suspension or revocation of the person’s state medical license. In other states, the Board of Medicine may initiate disciplinary proceedings against the provider based on the surrender of their registration. If this occurs, it is likely that the Board will impose significant penalties on the provider that could include suspension or revocation of their license. This would prevent them from practicing medicine in their state and could have devastating effects on their career and livelihood.
What Is Form 104?
Form 104 is a document that the DEA uses when it wants to permanently revoke a healthcare provider’s registration to prescribe controlled substances. This form is used when the DEA believes that there has been a violation of the Controlled Substances Act (CSA) or other federal laws related to controlled substances, such as Medicare fraud or illegal prescribing practices. When presented with Form 104, healthcare providers are given two options: voluntary surrender of their registration or contesting the revocation through an administrative hearing process before an Administrative Law Judge (ALJ).
The decision whether to sign Form 104 should not be taken lightly as it can have serious consequences for your career and livelihood. Once you sign this form, you will no longer be able to prescribe controlled substances and will be permanently barred from reapplying for registration in the future unless you can prove that there was an error in your case or that signing was involuntary on your part due to coercion by law enforcement officials. Therefore, if you are being asked by a DEA agent to sign Form 104, it is important that you seek legal advice from an experienced attorney who can help protect your interests and defend against any allegations against you before taking any action on this form.
What Are Some Reasons Why I Might Be Asked To Sign Form 104?
There are many reasons why a healthcare provider might be asked by the DEA to sign Form 104 and surrender their registration privileges voluntarily rather than going through an administrative hearing process before an ALJ. Some common reasons include:
The provider has already surrendered their license; The provider has had their license suspended; The provider has had their license revoked; The provider has had their license surrendered; The provider is facing criminal charges related to controlled substances; The provider’s state medical board has taken disciplinary action against them; The provider’s state medical board has placed them on probation; The provider’s state medical board has suspended them from practicing medicine; or The provider’s state medical board has revoked them from practicing medicine altogether.
What Happens If I Refuse To Sign Form 104?
If you refuse to sign Form 104, the DEA will begin an administrative hearing process before an ALJ to determine whether your registration should be permanently revoked. This hearing process is similar to a court trial, and you will have the opportunity to present evidence and witnesses on your behalf to contest the allegations against you. You will also be able to cross-examine any witnesses that the DEA presents as part of their case against you. If the ALJ finds that there is enough evidence to support the revocation of your registration, then your registration will be permanently revoked and you will no longer be able to prescribe controlled substances.
What Are Some Possible Outcomes Of An Administrative Hearing?
There are three possible outcomes of an administrative hearing before an ALJ: (1) the DEA’s decision to revoke your registration is upheld; (2) the DEA’s decision to revoke your registration is overturned; or (3) the case is dismissed entirely. If the DEA’s decision to revoke your registration is upheld, then you will lose your registration privileges permanently and will be unable to reapply for registration in the future. If the DEA’s decision to revoke your registration is overturned, then you will be able to keep your registration and will be able to continue prescribing controlled substances. If the case is dismissed entirely, then the DEA will not take any action against you and you will be able to keep your registration and continue prescribing controlled substances.
What Are Some Possible Defenses To Form 104?
There are many possible defenses that can be raised in response to Form 104, and the specific defenses that are available to you will depend on the facts and circumstances of your case. Some common defenses that might be available include:
- The DEA does not have enough evidence to support the allegations against you;
- The DEA did not follow proper procedure in issuing Form 104;
- You did not knowingly and intentionally violate the Controlled Substances Act or DEA regulations; or
- The violation that you are accused of is not serious enough to warrant the revocation of your registration.
Can I Appeal The Outcome Of My Administrative Hearing?
If you are unhappy with the outcome of your administrative hearing, you may be able to file an appeal with the DEA’s Administrative Law Judge Division. This appeal must be filed within 30 days of the date that the ALJ’s decision is issued. The ALJ Division will review the record of your administrative hearing and will issue a final decision upholding, reversing, or modifying the ALJ’s original decision. This final decision by the ALJ Division is binding on both you and the DEA, and there is no further appeal that can be made from this decision.
What Are Some Possible Criminal Charges Related To Form 104?
There are many possible criminal charges that could be filed against you in addition to the administrative hearing process that is started by Form 104. These criminal charges might be filed by the DEA, the U.S. Attorney’s Office, or your state’s Attorney General’s Office. Some of the most common criminal charges that are related to Form 104 include:
- Conspiracy to violate the Controlled Substances Act;
- Possession of a controlled substance with intent to distribute;
- Distribution of a controlled substance; and
- Health care fraud.
These are just some of the possible criminal charges that could be filed against you if you are accused of violating the Controlled Substances Act, and the specific charges that are filed against you will depend on the facts and circumstances of your case. If you are convicted of any of these criminal charges, you could face significant penalties, including imprisonment and large fines.