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The Raiser & Kenniff Law Firm is dedicated to helping protect DEA registrations of practicioners, facilities, pharmacists, distributors, and all other DEA registrants. On a regular basis, our law firm handles clients with things such as:
-DEA registration revocation issues
-DEA registration suspensions
-Denial of DEA registratoin
-DEA registration renewal denials
-DEA inspections and audits
The DEA may suspend, or deny, a DEA registration for any of the following reasons
-falsifying DEA registration application
-state license suspended, revoked, denied
-registrant is excluded from participating in medicare or medicaid programs
-registrant was convicted of a felony relating to controlled substance
-registrant acted in a manner inconsistent with the public interest
When the DEA takes an action to suspend or revoke registration, they have to serve an order to show cause on the registrant. In certain emergency situations, the DEA may find imminent danger to the public health – and suspend a DEA registration with the issuance of a immediate suspension order and show to cause. This order forces you to show why your DEA registration should NOT be revoked, or denied. The order will typically contain a legal basis/reason for issuing the order, and will have a summary of the facts and the law written on it. Like actions taken by the state medical boards, the DEA registrant has the legal right to request a hearing with an administrative law judge in order to challenge the facts alleged in the order to show cause. You have 30 days from the date the order is served to file a request for a hearing. Failure to file within the 30 days will be considered a waiver of your rights to a hearing. As a result, the DEA may request a final action be taken. It’s crucial you hire a DEA registration suspension lawyer to help. We can help preserve your rights and prepare a defense to protect your registration.
Show cause hearings are done before a federal judge. Each party presents their arguments. You can submit evidence, and witnesses, in order to provide evidence for your case. In these proceedings, the DEA has the burden of proof to show evidence that a violation occurred. The administrative hearing will determine whether your DEA registration is in the interest of the public, or not. Following the hearing, the ALJ will usse a recommendation which is submitted to the DEA administrator. If the registrant, or the DEA, disagree’s with the ALJ’s recommended decision – they can submit an exception. The DEA administrator will typically issue a final decision when it comes to adopting, modifying, or rejecting the decision.
The DEA considers the following factors when determining a DEA registration should be suspended
1. The registrant failed to maintain effective controls to prevent diversion of controlled substances.
2. The registrant failed to comply with state and local laws
3. There was prior federal or state convictions relating to the manufacture/distribution/dispensing of controlled substances
4. The registrant has no experience when distributing controlled substances
If you’re unsatisfied with the final decision you can appeal the decision to the U.S. Court of Appeals.
The DEA frequently contacts registrants before taking any actions. The DEA will try to get you to voluntarily relinquish your registration in order to avoid further action. Often, registrants voluntarily relinquish it because of fear of criminal action. Many do so, without legal counsel. Theres a number of reasons why you shouldn’t surrender your DEA registration.
-You will not be able to get registration in the future
-You may face state licensing action because you surrendered your registration
-You may be excluded from medicare and medicaid
-You may be reported to the board and suffer job loss
-DEA registration surrenders are reported to the National Practitioner Databank
Our DEA Registration Suspensions Lawyers practice full-time, helping prescribers and dispensers protect their DEA registration and state licenses. Our DEA Registration Suspensions attorneys are well experienced in helping practitioners defend their registration – both in court, and in addition helping them protect it during DEA registrations, DEA registration denials, and renewal issues. Our DEA Registration lawyers are passionate about helping medical professionals protect their licenses and careers. Please contact us immediately if you have any questions.