DEA Registration Application & Denial Lawyers
If you’ve worked hard to become a medical provider and have been denied for DEA approval, you’re not alone. Doctors, dentists, nurse practitioners, and veterinarians all require this designation to prescribe important medications. The DEA occasionally denies applications or makes the process as difficult as possible. It’s unfair to be subjected to such scrutiny. Fortunately, a skilled healthcare attorney can help you reduce the burden in getting that all-important prescriber number you’ll need to conduct business. This informative article will explain how the denial process works and what can be done to help you get the application approved.
The DEA’s Process in Denying a Credential
The dea is supposed to process all applications for prescribers in good faith. This means that unless they have a reason to not approve the application, there shouldn’t be any stumbling blocks. There are only seven legitimate ways the dea/defense-lawyers/dea-registration-suspension-revocation/”>DEA is supposed to revoke a current registration or deny a new application. Those reasons are as follows:
- Erroneous or omitted information submitted to the dea
- Medicare or Medicaid exclusion
- A controlled substance felony conviction
- A revoked, suspended or denied registration as a medical provider
- A voluntarily surrendered dea/defense-lawyers/dea-registration-suspensions-and-revocations/”>DEA registration
- Demonstrated behavior that goes against the public interest
- Your registration could cause imminent danger to the public
“Against public interest” is a rather vague term that should be defined. Typically, the dea will consider if your past actions have involved issues with controlled substances and the law as a whole and if you’re able to effectively manage drugs that have addictive properties, effectively. While this should clear things up somewhat, there’s obviously still room for interpretation. If the dea denies or severely impedes your ability to gain your credentials, you’ll want to hire an attorney at once to fight for you.
The Process of Challenging a DEA Registration Denial
If the dea denies your application, they’re required to show just cause and provide you with a hearing upon request. For a hearing, you’re required to file within 30 days of the notice you’ve received from the dea if you’re in disagreement with their response, an error is found, or you feel that the matter could be cleared up through a formal hearing. Other dea/defense-lawyers/dea-order-to-show-cause-representation/”>causes for concern are when the DEA takes beyond the six-week maximum timeframe they’ve provided. An attorney can help expedite the process and clarify any challenges that may have come up during processing.
Handling Matters Via Self-Representation
Many people feel that this is a simple matter that they’d be able to handle by themselves. While you’re certainly able to present your own information and make an argument, this is a rather complex area of the law. Due to the nature of the hearing and since it’s being held by a non-traditional court, it’s imperative that a competent attorney with ALJ and dea experience handle the matter. Courts have little to no sympathy for those who claim ignorance to the law or courtroom procedure. While the internet is full of useful information, it’s simply unable to substitute years of education and experience. Hiring an attorney will improve your chances of success considerably and will get you back on track as quickly as possible.
Our law firm can tackle your case from a realistic perspective and provide insight on what to expect. If you’re currently facing denial or feel you most likely will be denied, we’ll be able to help. We’ve helped many others along the path to overcoming a hurdle to their dreams and will fight just as hard for you, today!
Getting investigated or audited by the dea can be a stressful time – especially if it is your first time. While dea audits and investigations can be regular occurrences for many medical professionals and practices, it doesn’t make it any easier to wonder what they may find or what behavior or information could be taken out of context.
If you know that you’re being audited or investigated by the dea, your first step is not to panic. Because an audit or investigation of any kind is something to be taken seriously, you will want a clear head and focus when going into the process.
As soon as you are aware of the audit or investigation, you will want to contact a Houston dea Audit and Investigations Lawyer. With an attorney by your side, you will fully understand the dea-audit-and-investigation-lawyers/”>DEA auditing or investigation process.
What is an dea-audit-and-investigation-lawyers/”>Audit or Investigation from the DEA?
When the dea/defense-lawyers/dea-audits-and-investigations/”>DEA audits or investigates a medical professional or practice, they are looking to see if they are complying with the rules and regulations of the Controlled Substances Act, or the CSA. But whether you’re being audited or investigated can make a big difference to the process and what consequences might come from what is discovered.
About dea/defense-lawyers/nyc-dea-audits-investigations-lawyers/”>DEA Audits
An dea-audit-lawyer/”>audit from the DEA is normal for medical practices and professionals. Because compliance with the Controlled Substances Act is crucial for all individuals who can prescribe to their patients, the dea-audit-lawyer/”>DEA will audit randomly every couple of years. Most medical practices or professionals can expect to have at least one audit from the dea within three to five years. Certain professionals may experience dea-audit-lawyer/”>DEA audits more frequently.
In addition to random audits, the dea may decide to audit a medical professional or healthcare business if they believe their prescription habits are raising red flags. For prescription habits that are not consistent with other professionals or businesses in the industry, the dea may request additional information or a deeper look into the reasons behind those habits.
When you are audited, there is not necessarily the assumption that something is wrong. However, auditing may turn up information or behaviors that can call for a deeper investigation. So while you do not necessarily have anything to worry about when being audited, it should still be taken extremely seriously.
Working with a Houston dea/defense-lawyers/nyc-dea-audits-investigations-lawyers/”>DEA Audit and Investigations Lawyer during your audit can help you share the necessary information with the DEA and ensure you come out on top. A Houston dea/defense-lawyers/nyc-dea-audits-investigations-lawyers/”>DEA Audit and Investigations Lawyer can also help you stay organized and prepared for making an audit easier when the time comes.
About dea-investigation-lawyers/”>DEA Investigations
An dea-audit-and-investigation-lawyers/”>investigation from the DEA should be taken more seriously than an audit. When the dea/defense-lawyers/nyc-dea-audits-investigations-lawyers/”>DEA makes a decision to investigate a medical practice or professional, they have reason to believe that they are knowingly acting out of line with the Controlled Substances Act.
Investigations usually begin in one of two ways. First, an audit may dig up information or behaviors that do not comply with the CSA, sparking for a further investigation into those behaviors and actions. The second way that an dea/defense-lawyers/nyc-dea-audits-investigations-lawyers/”>investigation from the DEA can begin is by someone sending them a tip.
An dea/defense-lawyers/nyc-dea-audits-investigations-lawyers/”>investigation from the DEA does not necessarily mean that they will find something to prove the practice or professional was not following the rules of the CSA, but it is best to be prepared regardless. While investigations can spark from a miscommunication or a misunderstanding, they need to be taken extremely seriously because they can have serious consequences.
When being dea/defense-lawyers/nyc-dea-audits-investigations-lawyers/”>investigated by the DEA, you will definitely want to hire a Houston dea Audit and Investigations Lawyer. An attorney can assist you develop a case, protect you from saying something that may get you into trouble, and help you fully understand the extent of your rights and what is expected out of you.
Furthermore, an attorney can help you relieve some stress during the investigation process. By acting as your representative, you can have professional protection from the dea. Your lawyer will oversee the process and ensure that everything runs smoothly and appropriately.