DEA License Denial Lawyer | DEA Registration Application Defense
Have you had your DEA License denied by the Drug Enforcement Agency and would like assistance in appealing the decision? Chelle Law assists health care professionals in either fighting the Show Cause Order or requesting an appeal of the DEA Application for Registration Denial. Legal representation is your best choice.
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When a healthcare professional has a DEA license, he or she can prescribe and administer controlled substances. This is important for the person’s career as controlled substances are often needed by patients. The workplace will want to ensure they are compliant with all state and federal laws and are providing quality care to all patients, therefore anyone administering or prescribing any controlled substances will need to be licensed. Popular questions include:
- What crimes does the DEA investigate?
- Can you practice without a DEA license?
- What does a DEA license allow?
- How long does it take to get a DEA license?
The DEA is the Drug Enforcement Administration, a law enforcement agency. It is under the jurisdiction of the U.S. government. The agency works to prevent drug trafficking, and stop the growing, manufacturing and distribution of illegal drugs. Since healthcare workers have access to controlled substances, they must be screened to ensure they will use these substances legally only.
Getting a DEA License or Number
It is a simple process to get a DEA license. A health care provider needs to first ensure they meet the licensing requirements of the state, then they can apply for DEA registration (licensing). With the application, they must submit the application fees, which are non-refundable. Once this is done, a DEA license should be issued. If your application is denied, you can appeal. It is best appealed with an attorney at your side.
Who Needs a DEA Registration?
A DEA license is needed by anyone working in healthcare that prescribes or administers drugs that are labeled as controlled substances. Some controlled substances that may need to be prescribed are:
The jobs in which medical practitioners would need a DEA license are physicians, nurses, pharmacists, optometrists, dentists, and even veterinarians. In all of these positions, controlled substances are often prescribed, administered or distributed (pharmacist). A DEA license ensures the person is registered and can be found and prosecuted if using the drugs illegally.
Finding Registration Application Defense Counsel if they Deny
Sometimes a person will apply for a DEA license and in the registration process is denied. This would be the time to find an attorney. A DEA License Denial Lawyer can help you appeal any denial and hopefully obtain with ease the license that means so much for your career.
Can You Practice Without a DEA License?
If you are wondering if; Can you practice without a DEA license?, there are some things you should learn about a DEA license. Those who are required to have one must a DEA license or they will not be allowed to prescribe medications. Basically, a DEA license, DEA registration and a DEA number are the same thing.
What the DEA Does in the US Today
The Drug Enforcement Administration or the DEA is a branch of the U.S. government. It is also a law enforcement arm. The purpose of the agency is to enforce all controlled substance regulations and so prevent drug trafficking, lower abuse of drugs and lower the death rate from the use of drugs. This organization not only addresses organizations that grow, manufacture or distribute illegal drugs, but also they regulate and license prescription drug distribution.
Jobs that Require a DEA License and Registration Without a Denial
A DEA license means that you have been approved to prescribe controlled substances. Once you have the license, you can prescribe certain medications to patients. If you are going to work at a medical facility, you will most likely need to be screened and get such a license in certain jobs. There are particular jobs within the medical community that require a DEA license. Below are some of them:
- Physicians: Obviously, a physician will need a DEA license as in his or her practice, prescribing medications is a key duty.
- Nurses: A nurse not only must get a state license to practice and go through a credentialing process, but he or she must also get a DEA license in order to prescribe medications, namely controlled substances which are subject to strict regulations.
- Nurse practitioners: These advanced registered nurses perform many duties, including administering medicine for patients.
- Physician Assistants: A PA is authorized to issue prescriptions for controlled substances and so must register with the DEA for a license.
- Pharmacists: Pharmacists, of course, dispense medications and advise patients on dosages, etc. They must be in legal compliance with the DEA, like any doctor or nurse.
- Optometrists: These professionals not only do eye exams and prescribe corrective lenses. They also will prescribe medications to those who have eye diseases. They therefore must have a DEA license.
- Dentists: A dentist sometimes needs to administer a controlled substance to a patient, for example, pain pills. He therefore needs to have a DEA license to legally dispense controlled substances.
- Veterinarians: It doesn’t matter whether or not these professionals treat humans or animals, if controlled substances pass through their hands, they will need to be licensed to prescribe or administer them.
How to Get Your DEA License and Certificate
Any health care provider who will deal with controlled substances will need to get a DEA license or number. This is how to obtain one.
- You must meet state licensing requirements, such as having a license to practice medicine.
- Register with the Drug Enforcement Administration by filling out a DEA Form 224.
- Pay the fees required.
- Renew the license as required.
Legal Assistance if Denied a DEA License
If you have applied for a DEA license and been denied, it’s not hopeless. You always have a chance to appeal any decision. Hire a DEA License Denial Lawyer to get the best chance of getting your license.
How Long Does it Take to Get a DEA License?
So, many inquire how long does it take to get a DEA license? When you have graduated from a medical program and are ready to start your job as a nurse practitioner or other medical personnel, you will need to be prepared to write prescriptions for medications. The privilege of writing a prescription comes from the DEA (Drug Enforcement Administration) as they license those who need to do that for their patients. Getting a license becomes vital for those that prescribe as part of their duties.
The DEA license is permission for prescribing controlled substances in a health care capacity. You must become registered with the Drug Enforcement Administration to earn this right. You can apply online.
Applying for the DEA License
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.
It takes about 30 minutes to fill out the application, and it will take four to six weeks to get the license / DEA number. That time frame is only valid providing the application is complete. Ensure you get the fastest processing possible by making sure the application is filled out in its entirety. Also be sure to sign and date it. You fee must be included.
Renewing Your Application
You can renew your application online as well. It must be done every three years. You can re-register not more than 60 days before the expiration date of your registration. You should get a notification by email that it is time to renew, and this should arrive about 65 days before the expiration date. If you have a change of address, this must be reported immediately upon the change to the DEA so they have this information.
Legal Assistance When Needed
It can happen that upon applying for a DEA license, you get a denial. This means that the DEA is refusing for some reason to allow you the privilege of prescribing controlled substances. There are a number of reasons that this might occur. But realize you can ask for help in appealing this decision. Call a DEA License Denial Lawyer right away for assistance.
What Crimes Does the DEA Investigate?
So, many wonder what crimes does the DEA investigate? The DEA or the Drug Enforcement Administration investigates all crimes relating to illegal drug use. This not only includes drug trafficking, but also means that they look into illegal use of drugs in the medical field.
The Drug Enforcement Administration was created in 1973 when there was a huge rise in recreational drug use and much drug related crime. The administration is counted on to enforce controlled substances and their use in the United States. They catch those who commit drug related crimes and prosecute them. Part of their duties is to monitor drugs that are manufactured and used legally and prevent these drugs being diverted to illegal markets.
DEA Responsibility in Healthcare Investigation of Applications
The DEA plays an important role in investigating healthcare fraud that involves prescription medication. They investigate and prosecute registered and non-registered entities and individuals in illegal prescribing of drugs under a number of federal statutes, both civil and criminal.
In the medical community, a doctor, nurse, or other provider often need to be able to prescribe medications. In order to do so, they must obtain a DEA license which permits them to prescribe controlled substances to their patients. This license is registered with the Drug Enforcement Administration and the person who has it must conform to certain rules and regulations.
A controlled substance is a chemical compound, single chemical or other drug or ingredient that has been identified as restricted by the state or by federal law. The law restricts who can use, possess, prescribe, transport, or manufacture these substances.
Criminal Actions Investigated That Could Bring a Show Cause Order
There are a number of criminal actions that the DEA will investigate when they have heard of something illegal going on. It could be reported by a patient or by another doctor. There can be very significant consequences for someone who is convicted of crimes under this license. Some of the actions investigated and for which criminal prosecution is pursued are the following:
- The sale of a controlled substance: Doctors and/or nurses have access to controlled substances and if they begin to sell them (also known as drug dealing), they are in for some harsh penalties.
- Diversion of legal drugs to an illegal market: Pharmacists, physicians, nurses, and other providers who supply controlled substances to those who don’t need them for medical reasons face stiff penalties.
- Falsification of prescriptions: This can come under the heading of diverting prescription medications and is a crime.
DEA License Lawyer
Have you had your DEA Registration (Registration Under Controlled Substances Act of 1970) denied, suspended, revoked or been given a Show Cause Order? Losing your DEA License can significantly impact your career and in many instances prevent you from continuing in your profession. Our lawyers and health law firm provide license defense for those with DEA issues. Important considerations include:
Why Would a Doctor Have Their DEA Registration Suspended?
When the DEA investigates a DEA registration, there are factors they look for in order to determine if the registration would be against public interest. Some of the factors they take into consideration are:
- Failure of the provider to comply with local and state laws
- Prior convictions of the provider, either federal or state, that relate to controlled substances
- Failure of the provider to maintain effective controls to prevent diversion of controlled substances into illegal channels
Why the DEA Would Revoke or Deny a License
The DEA investigates criminal actions and will take actions against a license when there is proof of illegal activity. When they see a red flag related to a physician who prescribes controlled substances, they will start an investigation. They may see coding errors or a high amount of prescriptions coming from one office or facility. The doctor may work in a location that is known for opioid trafficking. Many different things can set off alarms. Some of the actions for which a provider can be prosecuted include:
- Falsification of prescriptions
- Selling controlled substances to people who don’t need them medically
- Diversion of drugs which are legal to an illegal market
The Crimes that Affect a DEA License
There are a number of situations that can affect a physician’s DEA license. The DEA can deny an application or registration for a license, can suspend a DEA license or revoke the registration. Some of these issues are listed here:
- Falsifying a registration application with the DEA
- Suspension, revocation or denial of a state license
- When a provider has been excluded from participating in a Medicare or a Medicaid program
- When a provider has been convicted of a felony regarding a controlled substance
When the DEA is going to suspend a DEA registration, it first serves an order to show cause on the provider. This means that the provider has to show the reason why the registration or license should not be suspended. The provider has a right to request a hearing with an administrative law judge.
What is a DEA Audit?
Knowing what a DEA audit is can mean the difference between keeping your license for administering controlled substances and having that license taken away or even a prison sentence. Always be prepared for a DEA audit and know your rights.
The DEA is a law enforcement agency in the U.S. government. They can assess both criminal and civil penalties. The DEA audit is a security practice conducted by this agency. They make unannounced inspections in order to audit locations and laboratories where registered controlled substances are stored. They ensure that the person licensed to have these controlled substances in their possession stays in compliance with the CSA (the Controlled Substance Act). They verify security practices as well as record keeping practices.
How Often DEA Audits are Done?
Some providers are inspected once every three years, but occasionally inspections are more frequent if the provider has and prescribes buprenorphine. Drug treatment centers and other DEA registrants who are not practitioners usually get inspected every five years. The inspections can occur any time, including late in the day or around holiday weekends.
When an inspection is about to take place and the provider is presented with a DEA Form 82, the registrant has to give informed consent before the inspection can begin. The person states in writing that he is told of his constitutional right not to have an inspection and that if anything incriminating is found, it can be used against the registrant in any criminal proceedings.
Refusal of Informed Consent
When the DEA registrant has refused to give his informed consent, the DEA then has to get an inspection warrant from the Federal Court. These types of warrants are commonly issued by the courts without a problem.
When you receive an administrative search warrant, you should contact an attorney right away. Do not refuse to comply with having the search done or you could be arrested.
Noncompliance with the CSA on a DEA Audit
After a DEA audit is done and any noncompliance found, the DEA issues a report which details the issues that have been considered noncompliant to the Controlled Substances Act (CSA). The whole matter can be referred to the Department of Justice and criminal prosecution begun. Violations result in ever increasing penalties, from a Letter of Admonition to a prison sentence.
Consult with Chelle Law Defense Attorneys
If you or your health care business is being investigated by the DEA, it is a wise idea to hire an attorney to help you. If you are being denied a DEA license, a DEA License Denial Lawyer can help you gain your license.