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DEA Letter of Admonition Defense Lawyers

April 6, 2022 Federal Criminal Attorneys

If you receive a Letter of Admonition from the DEA, you should contact an experienced pharmacy compliance attorney immediately. An attorney can help you understand the letter and determine what improvements need to be made to your pharmacy compliance program. An attorney can also help you develop a plan for responding to the letter and communicating with the DEA.

The Spodek Law Group., has more than 20 years of experience representing pharmacies, pharmacists, and pharmacy owners in connection with DEA audits and investigations. If your pharmacy has received a Letter of Admonition from the DEA, contact us today for a free consultation about your case.

What are the Different Types of DEA Letters of Admonition?

There are two types of DEA Letters of Admonition: a Letter of Admonition with Notice and a Letter of Admonition without Notice.

A Letter of Admonition with Notice is sent to pharmacies that have been identified as having compliance issues during an audit or inspection. The pharmacy will be given specific notice about what needs to be corrected, and it will be given a deadline for correcting the issue.

A Letter of Admonition without Notice is sent to pharmacies that have been identified as having compliance issues during an audit or inspection, but the pharmacy has already taken corrective action before receiving the letter. In this case, the pharmacy will not receive any specific notice about what needs to be corrected, but it will still need to maintain its current compliance program in order to avoid further penalties in the future.

As we have discussed already, the direct consequences of receiving a Letter of Admonition following a DEA audit are virtually non-existent. The issuance of a Letter of Admonition is an administrative measure that is intended to provide the pharmacy with notice of an identified recordkeeping violation, and it does not carry any affirmative response obligations or administrative penalties. As a result, upon receiving a Letter of Admonition from the DEA, pharmacies can – and some pharmacies do – simply continue with their normal operations.

What Should I Do if I Receive a DEA Letter of Admonition?

If you receive a DEA Letter of Admonition, you should take it seriously and respond appropriately. Depending on the type of letter you receive, you may need to take specific corrective action within a certain timeframe. You should also review your compliance program and make sure that it is up-to-date and effective at preventing future compliance issues from occurring.

If you have any questions about how to respond to a DEA Letter of Admonition, you should contact an experienced healthcare attorney for help.

What Are the Consequences of Receiving a DEA Letter of Admonition?

A DEA Letter of Admonition is not a formal penalty, and it does not impose any direct consequences on the pharmacy that receives it. However, it is still important to take these letters seriously and respond appropriately.

If you receive a DEA Letter of Admonition with Notice, you will be given specific notice about what needs to be corrected and a deadline for correcting the issue. If you do not correct the issue within the specified timeframe, you may face further penalties from the DEA.

If you receive a DEA Letter of Admonition without Notice, you will not be given specific notice about what needs to be corrected. However, this does not mean that you can ignore the letter or take no action in response to it. You should still review your compliance program and make sure that it is up-to-date and effective at preventing future compliance issues from occurring.

If a person’s registration is suspended, they will not be allowed to distribute controlled substances for the duration of the suspension. If a person’s registration is revoked, they will not be allowed to distribute controlled substances for at least three years. If a person’s registration is denied, they will not be allowed to distribute controlled substances at all.

The DEA may also take other enforcement actions against an applicant or registrant if it believes that their registration should be denied, suspended, or revoked. These actions include:

  • Filing a civil suit in federal court asking the court to order the applicant or registrant to stop distributing controlled substances;
  • Seeking an injunction in federal court asking the court to order the applicant or registrant to stop distributing controlled substances; and/or
  • Seeking a criminal indictment against the applicant or registrant for violating federal drug laws.

A person who has had their DEA registration denied, suspended, or revoked may appeal this decision by filing an appeal with the United States Court of Appeals for the District of Columbia Circuit within 30 days of receiving notice of this decision from the DEA.

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