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DEA Suspensions and Revocations

April 6, 2022 Federal Criminal Attorneys

If you’re a healthcare provider who has received notice of a DEA suspension or revocation, you need to take action immediately. You have the right to defend yourself against these charges, and you need to make sure that your rights are protected throughout the process.

What Is a DEA Suspension?

A DEA suspension is a formal legal action taken by the U.S. Drug Enforcement Administration against an individual or business that is involved in the prescription drug supply chain — which includes doctors, pharmacists, pharmacies, pharmaceutical companies, and other businesses that handle controlled substances like opioids and other prescription drugs on a regular basis. A suspension can be imposed for any number of reasons — but usually because the DEA believes there is reason to believe that an individual or business has violated federal law by:

Failing to comply with regulations regarding controlled substances; Falsifying records related to controlled substances; Engaging in illegal activities related to controlled substances; or Engaging in activities that pose an “imminent danger” to public health or safety related to controlled substances (such as prescribing drugs without examining patients).

Do not voluntarily surrender your DEA license

The voluntary surrender process is one of the first steps in the DEA’s administrative enforcement process. If you receive a letter from the DEA asking you to voluntarily surrender your registration, it means that the agency has already started an investigation against you. The letter will state that your registration is being considered for suspension or revocation, and that you have the right to request a hearing before an Administrative Law Judge (ALJ).

If you sign away your registration through voluntary surrender, it means that you’re giving up your right to a hearing before an ALJ. You’ll be permanently barred from having a DEA registration, and this will end your career as a healthcare provider. You won’t be able to practice medicine in any state in the country — even if you aren’t actually convicted of any crime.

In many cases, voluntary surrender may not even be necessary — because it may be possible for your attorney to negotiate with the DEA and get them to drop their case against you entirely. In other cases, it may be possible for your attorney to negotiate with the DEA and get them to agree not to suspend or revoke your registration if you agree to certain conditions — such as completing a course on controlled substances prescribing practices or agreeing not to prescribe controlled substances for certain periods of time.

What Should You Do If You Receive A Letter From The DEA Asking You To Voluntarily Surrender Your Registration?

If you receive a letter from the DEA asking you to voluntarily surrender your registration, don’t sign it! Instead, contact us immediately so we can help protect your rights and defend your career.

DEA Show Cause Hearings

If you request a hearing, the DEA will set a date for the hearing. The hearing will be conducted by an Administrative Law Judge (ALJ) who is employed by the Department of Justice’s Office of Administrative Law Judges. The ALJ will preside over the hearing and make a recommendation to the DEA Administrator as to whether your registration should be revoked or suspended, or whether any other action should be taken. The ALJ’s recommendation is not binding on the DEA Administrator, but in most cases, the Administrator will follow it.

At the hearing, you will have an opportunity to present evidence and testimony as to why your registration should not be revoked or suspended. You may also cross-examine witnesses who testify against you. You may have an attorney represent you at the hearing, at your own expense.

After the hearing, if your registration is revoked or suspended, you may appeal that decision to the United States Court of Appeals for the circuit in which your registered location is located.

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DEA Suspensions and Revocations

March 29, 2020

The Spodek Law Group is dedicated to helping healthcare providers with their DEA registrations. Whether you’re a practitioners, pharmacist, distributor, or other DEA registrant, we can help.

Our team of premier DEA defense lawyers can help with an array of issues, such as

There are a number of reasons why the dea/defense-lawyers/dea-registration-disciplinary-action/” >DEA might choose to deny, suspend, or revoke, your dea registration.

  • You falsified your dea/defense-lawyers/dea-registration-disciplinary-action/” >DEA registration application
  • Your state license is suspended, revoked, denied
  • You are excluded from participating in Medicare or Medicaid programs
  • You are convicted of a felony related to a controlled substance
  • You committed an act inconsistent with public safety

Many of our attorneys have experience helping dea/defense-lawyers/dea-registration-disciplinary-action/” >DEA registrants, with their dea registration and state licenses. We can help you defend your dea/defense-lawyers/dea-registration-disciplinary-action/” >DEA registration.

DEA Suspension Orders

When the dea/defense-lawyers/dea-registration-disciplinary-action/” >DEA decides to suspend or revoke your registration, they have to first show a cause on the registrant. In certain situations, if the dea/defense-lawyers/dea-order-to-show-cause-representation/”>DEA determines theres an imminent danger to the public health, then the dea can simultaneously issue a suspension order and an order to show cause. This order to show cause will require you to show why the dea shouldn’t suspend/revoke/deny your registration. The order will have a statement of the reason for issuing the order, along with the facts and laws.

The registrant has the right to request a hearing with an administrative law judge, in order to challenge the dea‘s order to show case. You have 30 days from the date the order is served in order to file a request for hearing. If you fail to request within 30 days for a hearing, that is deemed a waiver of your right to a hearing. The dea could request that final action be taken. It’s important you contact an attorney immediately, in order to preserve your right and prepare a defense to protect your dea/defense-lawyers/dea-registration-disciplinary-action/” >DEA registration.

dea Show Cause Hearing

These hearings are held before a federal administrative law judge. Each party presents their argument. You can submit evidence, and present witnesses. The dea has the burden of proof, and has to show evidence that a violation happened. The ALJ will then determine whether this evidence lives up to the burden, and whether your conduct is against the public interest.

After the hearing, the ALJ will make a recommendation. It is submitted to the dea administrator. If you or the dea disagree with the recommendation, you can submit exceptions. The dea administrator will issue a final decision, either accepting, modifying, or rejecting, the ALJ’s decision.

The dea/defense-lawyers/dea-registration-disciplinary-action/” >DEA looks at the following factors when deciding whether your dea registration is inconsistent with the public interest.

  • Failing to maintain effective controls against diversion of controlled substances
  • Failing to comply with state and local laws
  • Prior federal or state convictions relating to controlled substances
  • Other issues relating to public health and safety

If you are unsatisfied with the final decision, you can appeal the decision further.

Do not surrender your DEA registration

The dea/defense-lawyers/dea-registration-surrenders/” >DEA frequently reaches out to registrants before taking action and attempting to have registrants relinquish their registration voluntarily. Many providers accept this because they think it’ll help them avoid administrative and criminal action. This is not correct, and you should speak to an attorney first.

  • You will not be able to get dea/defense-lawyers/dea-registration-disciplinary-action/” >DEA registration in the future
  • You could face state licensing action against your professional license
  • You could be excluded from medicare and medicaid
  • You could be reported to your credentialing committee and lose your job
  • Your registration surrender and other disciplinary actions are reported to the National Practitioner Databank

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