The DEA’s Power to Suspend and Revoke Registrations

The DEA’s Authority to Revoke Controlled Substance Registrations

The Drug Enforcement Administration (DEA) wields significant power to suspend or revoke registrations allowing pharmacies, pharmacists, and prescribers to dispense controlled substances. This authority enables the DEA to crack down on improper prescribing and dispensing practices, especially amid the opioid epidemic.

DEA Registration Rules

Companies and individuals handling controlled substances must register with the DEA to legally conduct related business. Registrants must satisfy certain criteria and implement controls against diversion. Registration continues indefinitely but requires renewal every three years.

The DEA may deny, revoke, or suspend registration based on factors like felony drug convictions, experience with controlled substances, and compliance with relevant laws. Revocation prevents pharmacies, pharmacists, and prescribers from handling controlled substances, effectively shutting down operations.

Revocation and Suspension Actions

In early 2018, the DEA arrested 29 individuals and revoked 147 registrations while cracking down on the opioid crisis. This demonstrated the agency’s willingness to leverage revocation powers.

The process often starts with the DEA issuing an “order to show cause” giving notice and reasons for the proposed action. Registrants can contest the order through an Administrative Procedure Act hearing.

At the hearing, the DEA must prove revocation or suspension is justified based on factors like:

• Drug felony convictions
• Controlled substance experience
• Compliance with related laws
• Public interest

If the DEA satisfies its burden, the officer will issue a final revocation or suspension order. Registrants can appeal to federal court.

Impacts of Revocation and Suspension

DEA suspension or revocation significantly affects pharmacies, pharmacists, and prescribers. It prevents dispensing or prescribing controlled substances, limiting treatment options for legitimate patients.

Revocation also threatens livelihoods and reputations. Having a registration revoked can prompt state boards to take disciplinary action like revoking a license. This compounds harm to the provider’s business and standing.

In some cases, the DEA may suspend registration to allow corrective action. But revocation often permanently ends controlled substance authority.

Challenging Revocation

Facing potential revocation requires quickly engaging experienced counsel. An attorney can navigate the process and build defenses against the DEA’s action.

Common defenses include:

• Lack of due process
• Invalid service of the order
• Insufficient evidence
• Unconstitutional vagueness
• DEA bias or misconduct

Negotiating a memorandum of agreement with the DEA can provide an alternative to revocation. This binding document outlines steps to improve controls and monitoring.

Litigation after an unsuccessful appeal can also overturn revocation. But this allows revocation to remain in effect during lengthy proceedings.

Avoiding Revocation

The best approach is avoiding DEA scrutiny that could prompt revocation. Providers should adopt practices to prevent diversion and improper dispensing.

Steps like patient assessments, monitoring prescribing data, and recordkeeping help avoid red flags. In addition, counsel can conduct audits and training to identify and address compliance gaps.

While the DEA has robust revocation powers, proactive efforts to prevent diversion can reduce losing controlled substance authority.

Sources:

Revoking Controlled Substances Registrations: the DEA’s Weapon to Fight Abusive Prescribing and Dispensing DEA Registration Suspensions & Revocations – Chapman Law Group What Will Happen if My DEA Registration Is Suspended or Revoked? United States DEA Registration Revocation Attorney The Drug Enforcement Administration’s Adjudication of Registrant Actions