How a Practice Restriction Could Cost an Arizona Nurse Practitioner Their DEA Registration

If an Arizona nurse practitioner is placed on probation by the Arizona Board of Nursing the probation can sometimes include a practice restriction that limits or completely stops the nurse practitioner from prescribing controlled substances for a period. 

These restrictions are generally reported to the Drug Enforcement Agency (“DEA”).  The DEA may deny, suspend or revoke a practitioner’s DEA registration for the following reasons:

• A falsified DEA registration application
  • A state license has been placed on probation, suspended, revoked or denied
  • Excluded from participation in Medicare or Medicaid programs
  • Convicted of a felony related to a controlled substance
  • Committed an act that is inconsistent with the public interest

Show Cause Order

The DEA can’t take action without following protocol. When taking an action against someone’s registration to sell controlled substances, it must first serve them with a show cause order before issuing any orders for suspension or revocation. However, if there is enough evidence that gives rise to “an imminent danger”, then these emergency situations are considered and will issue simultaneous immediate suspensions as well as orders for show cause while still having time-sensitive deadlines afterward, so everything goes smoothly.

So, Will an Arizona Nurse Be Placed on The OIG List After a Voluntarily Surrender? Unfortunately, the answer is maybe.  There are several things that can lead to the inclusion on the Office of Inspector General’s List of Excluded Individuals/Entities (LEIE), including:

• Crimes
• Revocation
• Voluntary Surrender
• Suspension

However, we have found that it is hit and miss when it comes to LEIE inclusion. The LEIE provides information to the health care industry, patients and the public regarding individuals and entities currently excluded from participation in Medicare, Medicaid, all other Federal health care programs as well as those who have been charged with fraud-related crimes. This LEIE also includes a listing under everyone which contains his offense code(s), date he was barred from participating in federal healthcare programs; exclusion reason(s); program areas affected by these exclusions, whether it is an initial

What is a Voluntary Surrender?

A voluntary surrender will place a permanent mark on a nurse’s record; thus a nurse must make absolutely certain they are making an informed decision.  A voluntary surrender is when a licensee chooses voluntarily to surrender a professional license or voluntarily agrees not to renew one’s license, usually to resolve an outstanding complaint instead of going through the investigatory process that could lead to discipline, suspension or revocation.

A voluntary surrender is considered formal discipline.  Any formal disciplinary action from the Arizona Nursing Board is reported to NURSYS and the National Practitioner Database.

If you’re interested in learning more about our Arizona Nursing Board Appeals services and how to protect your rights, set up a consultation with Chelle Law and our Arizona Nursing Attorney.