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DEA Disciplinary Actions Lawyers

March 21, 2024 Uncategorized

Overview of DEA Oversight on Physicians

The Reality of DEA Oversight on Physicians

The unfortunate reality is that doctors may believe that they are working within the realm of the law, but one false step could send them to jail with a felony conviction. The U.S. Drug Enforcement Agency actively monitors physicians and others who write prescriptions for controlled substances. Whether a violation of the Controlled Substances Act or other laws is intentional or negligent, that individual may also lose his or her DEA Registration. This means that the individual no longer has the authority to prescribe controlled substances.

Concerns in the Medical Community

Many doctors practice medicine with a high level of anxiety. They are aware that a single misunderstanding or error could have far-reaching consequences for them and for their practice. What can you do to protect yourself against potential DEA actions and to reduce related anxiety? Hiring a DEA defense lawyer today could be a smart step to take.

Importance of Legal Defense

Allegations from the DEA are serious, and they require you to have a strong defense for a superior outcome. A DEA defense lawyer can help you to determine the best course of action, such as cooperation, negotiations or a hearing. More than that, the attorney will represent you throughout all stages of your case.

A Closer Look at DEA Enforcement Action

The Drug Enforcement Agency is given a wide path to walk when pursuing alleged violations. These actions range from DEA raids to audits and inspections. When the DEA believes that wrongdoing has occurred, numerous potentially devastating outcomes may be pursued. These include the request that you voluntarily surrender your Certification of Registration to prescribe controlled substances. Otherwise, the DEA may suspend or revoke the certificate even if you do not surrender it voluntarily.

Other Potential Outcomes

There are also several other potential outcomes. For example, you may be required to pay a monetary fine. You may be placed on probation, or you may have to deal with a suspended medical license. If this happens, you may face a special hearing with your state’s licensing board. Criminal charges can also be filed, and this can lead to a lengthy battle in courts and possible imprisonment.

How to Manage DEA Oversight and Potential Discipline

Living in fear of the DEA can be overwhelmingly stressful, and this stress can be mitigated when you prepare yourself for the possibility of an investigation, an audit and other potential actions. Do your best to follow all aspects of the law, and consult with your lawyer when you are unsure about potentially gray areas.

Preparation for Audits

Many medical practices are audited every few years. As soon as you become aware of a potential audit or inspection, obtain legal representation. By doing so, you may prevent misunderstandings and other issues that ultimately could result in serious issues. In the meantime, avoid admitting fault and surrendering information before consulting with your DEA lawyer.

Triggers for DEA Enforcement Actions

The DEA may arrive at your door for an audit for any number of reasons. Some of these reasons are a routine audit or a random inspection. In some cases, audits are triggered by red flags in your prescribing patterns, by an anonymous tip and because of other similar reasons.

DEA’s Jurisdiction

The DEA maintains jurisdiction over criminal offenses like drug diversion, drug trafficking, improper drug labeling practices, filing violations and prescribing meds to an addict. In addition, conspiracy to dispense, distribute and possess a controlled substance are included in the DEA’s jurisdiction.

What Your Defense Lawyer Can Do

You can and should contact a DEA defense lawyer when you are unsure about how some steps may be viewed in the eyes of the law. Your lawyer can also help you to avoid missteps during an inspection or audit. This may prevent an unnecessary investigation and stressful allegations. In the event that you are under investigation, your attorney may use defense strategies during negotiations, hearings and more. In the process, your attorney may help you to protect your professional reputation, avoid criminal charges, maintain your licensing status and take advantage of other essential benefits.

Contact Us Today

The time to connect with a DEA defense lawyer is as soon as you are aware of a developing issue. To inquire about our defense services and to request a consultation, contact our office today.

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Todd Spodek

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RALPH P. FRANCHO, JR

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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