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DEA Applications and DEA Denials Lawyers

April 6, 2022 Federal Criminal Attorneys

You can apply for your DEA license online at the website of the Drug Enforcement Administration. There are six sections that have to be completed with information you provide on your background, state license, business activity and prescribing schedules. Your state license would be the license you have in your state of residence to practice in that state. You can only apply for a DEA license when your state license to practice is active.

The first section of the DEA license application is your personal information. You will need to provide your name, Social Security number, date of birth, gender and contact information. The second section is your professional information. You will need to provide your state license number and type, the state in which you are licensed to practice and your medical specialty. The third section is your business information. You will need to provide the name of your business, address, telephone number and fax number. The fourth section is your prescribing schedules. You will need to indicate which schedules you are authorized to prescribe and which schedules you have prescribed in the past year. The fifth section is your criminal history. You will need to disclose any felony or misdemeanor convictions in the past 10 years. The sixth section is your certification. You will need to certify that all of the information you have provided on the application is true and accurate to the best of your knowledge.

A DEA license is needed by anyone working in healthcare that prescribes or administers drugs that are labeled as controlled substances. The license is granted by the Drug Enforcement Administration, which is a division of the United States Department of Justice.

In order to obtain a registration number, you must submit an application to the DEA and pay an annual fee. Once registered, you’re allowed to prescribe controlled substances for legitimate medical reasons within the scope of your practice. You’re also required to keep detailed records for every patient who has been prescribed a controlled substance, including information about why it was prescribed and how much was prescribed. These records must be maintained for at least two years after prescribing to a patient.

If you’re not a doctor, but work in a medical office or hospital, you may also need to be registered with the DEA in order to have access to controlled substances. For example, nurses who administer controlled substances or pharmacists who dispense them must be registered.

The DEA can revoke a registration at any time if they believe that the registrant is no longer following the rules and regulations for prescribing controlled substances.

How Are Controlled Substances Classified?

Controlled substances are classified into five schedules based on their potential for abuse and medical use. The schedules range from Schedule I (the most restrictive) to Schedule V (the least restrictive). The classification determines how the substance can be prescribed and dispensed, as well as what restrictions are placed on research.

Schedule I drugs have a high potential for abuse and no currently accepted medical use in treatment in the United States. Examples of Schedule I drugs include heroin, LSD, marijuana (cannabis), ecstasy, methaqualone, and peyote.

Schedule II drugs have a high potential for abuse, which may lead to severe psychological or physical dependence. These drugs have an accepted medical use in treatment in the United States but carry a high risk of abuse. Examples of Schedule II drugs include cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall and Ritalin.

Schedule III drugs have a lower potential for abuse than Schedule I or II drugs, as well as a currently accepted medical use in treatment in the United States. Abuse of Schedule III drugs may lead to moderate or low physical dependence or high psychological dependence. Examples of Schedule III drugs include products containing not more than 90 milligrams of codeine per dosage unit (Tylenol with Codeine), anabolic steroids such as Dianabol or Anadrol, and testosterone.

Schedule IV drugs have a lower potential for abuse than Schedule III drugs, as well as a currently accepted medical use in treatment in the United States. Abuse of Schedule IV drugs may lead to limited physical or psychological dependence relative to the drugs in Schedule III. Examples of Schedule IV drugs include alprazolam (Xanax), carisoprodol (Soma), clonazepam (Klonopin), diazepam (Valium), lorazepam (Ativan), midazolam (Versed), temazepam (Restoril) and tramadol (Ultram).

Schedule V drugs have the lowest potential for abuse relative to the other controlled substances listed in Schedules I-IV and consist primarily of preparations containing limited quantities of certain narcotics. These preparations are used for their medicinal effect, but also contain one or more non-narcotic active medicinal ingredients in sufficient proportion to confer upon them medicinal qualities other than those possessed by narcotics alone. Examples of Schedule V drugs include cough preparations containing not more than 200 milligrams of codeine per 100 milliliters or per 100 grams; ezogabine; pregabalin; and loperamide.

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