DEA Suspensions and Revocations Lawyers

If you’re a healthcare provider who has received notice of a DEA suspension or revocation, you need to take action immediately.

You have the right to defend yourself against these charges, and you need to make sure that your rights are protected throughout the process.

What Is a DEA Suspension?

A DEA suspension is a formal legal action taken by the U.S. Drug Enforcement Administration against an individual or business that is involved in the prescription drug supply chain — which includes doctors, pharmacists, pharmacies, pharmaceutical companies, and other businesses that handle controlled substances like opioids and other prescription drugs on a regular basis.

A suspension can be imposed for any number of reasons — but usually because the DEA believes there is reason to believe that an individual or business has violated federal law by:

• Failing to comply with regulations regarding controlled substances
• Falsifying records related to controlled substances
• Engaging in illegal activities related to controlled substances
• Engaging in activities that pose an “imminent danger” to public health or safety related to controlled substances (such as prescribing drugs without examining patients)

Do not voluntarily surrender your DEA license

The voluntary surrender process is one of the first steps in the DEA’s administrative enforcement process. If you receive a letter from the DEA asking you to voluntarily surrender your registration, it means that the agency has already started an investigation against you.

The letter will state that your registration is being considered for suspension or revocation, and that you have the right to request a hearing before an Administrative Law Judge (ALJ).

If you sign away your registration through voluntary surrender, it means that you’re giving up your right to a hearing before an ALJ. You’ll be permanently barred from having a DEA registration, and this will end your career as a healthcare provider. You won’t be able to practice medicine in any state in the country — even if you aren’t actually convicted of any crime.

In many cases, voluntary surrender may not even be necessary — because it may be possible for your attorney to negotiate with the DEA and get them to drop their case against you entirely. In other cases, it may be possible for your attorney to negotiate with the DEA and get them to agree not to suspend or revoke your registration if you agree to certain conditions — such as completing a course on controlled substances prescribing practices or agreeing not to prescribe controlled substances for certain periods of time.

What Should You Do If You Receive A Letter From The DEA Asking You To Voluntarily Surrender Your Registration?

If you receive a letter from the DEA asking you to voluntarily surrender your registration, don’t sign it! Instead, contact us immediately so we can help protect your rights and defend your career.

DEA Show Cause Hearings

If you request a hearing, the DEA will set a date for the hearing. The hearing will be conducted by an Administrative Law Judge (ALJ) who is employed by the Department of Justice’s Office of Administrative Law Judges. The ALJ will preside over the hearing and make a recommendation to the DEA Administrator as to whether your registration should be revoked or suspended, or whether any other action should be taken. The ALJ’s recommendation is not binding on the DEA Administrator, but in most cases, the Administrator will follow it.

At the hearing, you will have an opportunity to present evidence and testimony as to why your registration should not be revoked or suspended. You may also cross-examine witnesses who testify against you. You may have an attorney represent you at the hearing, at your own expense.

After the hearing, if your registration is revoked or suspended, you may appeal that decision to the United States Court of Appeals for the circuit in which your registered location is located.

Federal Agencies and Your Rights: Protecting Your DEA Registration

When it comes to your DEA registration, it’s important to understand that federal agencies cannot simply intimidate individuals and businesses into relinquishing their rights or licenses. These rights and licenses can only be stripped through formal proceedings. The Drug Enforcement Administration (DEA) is no exception to this rule.

However, there are instances where overzealous DEA agents may hastily attempt to retract your rights and privileges. While they believe they are performing their duties aggressively, this approach often leads them to pursue healthcare providers too vigorously.

It’s crucial to know that you don’t have to surrender your DEA registration at the DEA’s demand. With the right legal team by your side, you can often defeat suspension or revocation attempts.

Why Surrendering Your DEA Registration is Not Advisable

Voluntarily surrendering your DEA registration is almost never a wise decision. By refusing to surrender, you force the DEA’s hand. In most cases, they will decide to formally pursue suspension or revocation. This is where our former federal prosecutors can be invaluable throughout the process.

Our team will expertly negotiate a resolution that can help you maintain your licenses and DEA registration, keeping you in good standing in your career. Doctors, medical professionals, practices, and other healthcare entities wisely turn to our firm when their careers are under attack.

Reasons for DEA Suspension or Revocation

The DEA must provide specific reasons for removing your registration, despite its substantial power. Some typical reasons include:

• Falsified registration information
• Official exclusion from Medicare or Medicaid
• Felony conviction involving a controlled substance
• Denial, revocation, or suspension of a license in any state
• Engagement in behavior against the public interest
• Immediate danger to public health
• Voluntary surrender of your registration

It’s important to note that the DEA cannot take your registration based on an allegation alone. They must follow a formal adjudication process. Unless there is an imminent danger to the public, you will be allowed to continue practicing throughout that process.

Responding to a DEA Show Cause Order

If the DEA intends to suspend or revoke your registration, they must formally serve you with an Order to Show Cause. This legal document outlines the DEA’s summary of the facts and relevant law pertaining to your situation.

It is crucial that you respond to this order, as your response can significantly impact the future of your career. To enhance your potential for an optimal result, it is advisable to hire experts who have experience working on these types of cases.

It’s important to note that if an Order to Show Cause comes with an Immediate Suspension Order, you must comply.

DEA Show Cause Hearing: What to Expect

After receiving your Order to Show Cause, you have 30 days to request a hearing. It is recommended to leave this request to professionals to ensure its effectiveness.

During the hearing, both sides will present their case before an administrative law judge (ALJ). The ALJ presides over arguments, evidence, and witnesses.

The DEA must demonstrate the need for suspension or revocation of your registration by a preponderance of the evidence. It’s important to note that this legal standard is lower than the one used in criminal court. The DEA simply needs to show that it’s more likely than not that a violation occurred.

If the ALJ finds in your favor, the case ends. However, if the ALJ recommends the suspension or removal of your registration, the recommendation will proceed to a DEA administrator.

The DEA administrator will consider objections or exceptions submitted by your defense team or the DEA before making a decision. Factors that may impact the administrator’s decision include your compliance with applicable laws, previous convictions involving controlled substances, effectiveness in preventing trafficking of controlled substances, and the impact of your actions on public health and safety.

After careful consideration, the DEA administrator will issue a written decision that can modify, reject, or accept the recommendation from the ALJ.

Schedule Your Free Consultation

If the DEA has served you with an order or pressured you to surrender your registration, we encourage you to contact us for a free and confidential consultation. Our team includes federal prosecutors, and we defend clients nationwide.