How do I surrender my DEA license?

If you have been asked to surrender your DEA license voluntarily, this article has information you should know. It is important to understand what surrendering your DEA license means to you and your career. Anyone who has registered with the DEA must stay abreast of the requirements which come with carrying a license.

Just Say No

When a DEA agent comes to you and demands that you surrender your DEA license or registration, you should just tell him no. It happens too often – an agent comes to your practice and asks you about how you prescribe controlled substances. All the questions are answered, but at the end of the interview, suddenly and surprisingly, the agent tells you that you are in trouble and it would just be easier on you if you voluntarily surrender your registration. He may tell you that if you don’t, they will revoke it anyhow. The agent has you fill out a form. Unfortunately, this is a bad decision.

Don’t Voluntarily Surrender Your DEA Registration

Do NOT voluntarily surrender your DEA license or registration. If you do, it can start administrative actions against other professional licenses that you hold. You very likely will not be able to reapply for a DEA license. There will also be delays which hurt your ability to return to practicing after the completion of the matter. It can take years to complete the civil or criminal proceedings. Also when you voluntarily surrender your registration, you are waiving your right to have a hearing. If you don’t voluntarily surrender your license, the DEA has to submit an order to show cause, and this means that you will have an opportunity to have a hearing.

Why DEA Agents Want You to Surrender Your Registration

The question is: why would DEA agents try to get you to surrender the DEA registration? This is mainly due to a backlog in cases that are pending adjudication. While providers or practitioners wait for the final decision in the case, they continue to prescribe controlled substances. Obviously, for those involved in criminal activities, it could mean a year of them continuing with their crimes, until the case is completed. It is understandable that the DEA would want to curb this activity, but unfortunately for those who are innocent, surrendering their registration is a bad move for their career.

Legal Help for DEA License Surrender

If you refuse to surrender your DEA registration and therefore have the opportunity to have a hearing, this is when an attorney comes in very handy. He can help you successfully resolve any administrative, civil, or criminal action. A DEA License Suspension Lawyer will protect you and your career.

Why would a doctor have their DEA suspended?

So, why would a doctor have their DEA suspended? Having a DEA suspended can have wide-ranging effects on a career. It is smart to know why a doctor might have their DEA license suspended so any possible repercussions can be prevented.

What Red Flags the DEA Looks For

There are certain things the DEA will look for when investigating possible fraud and diversion of controlled substances. When something listed below comes to light, a full investigation will be launched.

The volume of prescriptions written: Although there are many reasons why a doctor may deal in a high volume of medication prescriptions, federal authorities consider it to be a red flag.

The consistence of prescriptions: When the same medications are continuously being prescribed or dispensed, it can trigger an investigation by the DEA. This is not just doctors, but can include nurse practitioners, pharmacists and others.

Errors in coding: Coding errors can lead to heavy criminal penalties and other federal charges, even when unintentional. When the coding errors involve billing for controlled substances, the DEA will get involved as well.

Previous mistakes: If a physician has been targeted at any time in the past in relation to controlled substances, it will be generally true that they will be under continued scrutiny.

Geographic location: When assessing a provider’s potential involvement in drug diversion crimes, the DEA considers the geographic location of the provider to be an important factor to take into account. There exist many “hot spots” around the country where abuse takes place, particularly for opioid abuse.

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

DEA Show Cause Orders

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.

Getting an Attorney When Suspension is Imminent

Because a DEA license and registration is such an important part of a medical career, you should do everything possible to protect these. A DEA License Suspension Lawyer can help as he is familiar with the laws and regulations of a license. He can collect the information needed in order to reply effectively to the show cause order.

How Do I Reinstate My DEA License?

So, how do I reinstate my DEA license? Once your DEA license has been surrendered, suspended or revoked, you will want to get it reinstated as quickly as possible. Having your DEA registration active is vital to your career, so it is something to take seriously.

What is a DEA License?

A DEA License is issued by the U.S. Drug Enforcement Administration and gives a registered provider permission to prescribe controlled substances, such as Oxycodone, cocaine or morphine. You apply for the license by registering online on the DEA website.

Why the DEA May Revoke or Take Other Actions on 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

How to Get the DEA License Reinstated

Getting a DEA registration reinstated is easier if the registration was revoked or surrendered in an administrative procedure rather than a criminal proceeding. But either way, it can most likely be done. After a revocation, there will be a waiting period before you can reapply. During this period you can work to address the reasons the license was surrendered or revoked.

You can apply for reinstatement online. But it is necessary to give full and absolute disclosure, including the history and all the events that led up to the surrender or revocation. You should prepare any statement explaining matters before you try and put it into an online application. You can expect to get interviewed by agents before your reinstatement will be approved or denied. These interviews will be done in person and will also be recorded. You will need to prepare for this and not just casually try and answer everything.

Finding Legal Help

At any time during the reinstatement application, it is best to find an experienced DEA License Suspension Lawyer who can help you with all preparations. A DEA attorney has the knowledge of what concerns the DEA has and he can help you anticipate any questions asked. He will help you provide complete and accurate answers.

Can you get a DEA number with a felony?

If you are registering for a DEA number and you have a felony on your record, it is important to know what to do in order to get a DEA Registration Number. Having this number is key to your career as without it, you won’t be able to prescribe medications to patients.

What is a DEA Number?

A DEA number is assigned to health care providers such as physicians, nurse practitioners, dentists and optometrists. It is issued by the Drug Enforcement Administration and allows the health care provider to write prescriptions or distribute controlled substances.

What is a Felony?

A felony is a serious crime and often defined by the amount of time a person convicted of one would stay in prison. Usually if the punishment is more than a year, it is considered a felony. Types of felonies and the punishments for them can vary from state to state. Medical careers can be adversely affected by having a felony on record.

How an Applicant for a Medical Job is Screened

When you are applying for a job with a healthcare organization, you will likely go through a screening process. The employer must ensure that you don’t have a felony on record and that you can be fully trusted with patients and with controlled substances. The screening process usually consists of a background check and also a review of the OIG (Office of the Inspector General) exclusion list as well as the GSA (General Services Administration) exclusion list. The background check will specifically look into any felony conviction related to controlled substances, as this would deny any job within the medical community. Once convicted of a felony that involved controlled substances, this issue will carry along with an individual forever.

What the DEA Considers a “Convicted Felon”

When a conviction for a felony shows up on a person’s record, obviously the DEA considers there to have been a felony conviction. Sometimes charges may be reduced or dismissed, but the DEA still can deny a DEA number. At times a person may plead no contest to a felony, and this is considered by the DEA as an admission of a felony offense.

Getting Help in Obtaining a DEA Number

When you need to get justice relating to a denial of a DEA number, you can hire a DEA Show Cause Lawyer to assist. Show cause means that one party needs to explain, justify or prove something to the court. The attorney you hire will, with your help, provide more information for the judge so that he may rescind the denial.

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. You fill out an application for registration online.

What the DEA Does

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. They do whatever research is necessary to track down offenders.

Jobs that Require a Drug Enforcement Agency Number

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 treatment facility, you will most likely need to be screened and get such a license in certain jobs. You get your registration online with the Drug Enforcement Agency. 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. This applies whether they are in residency or not.

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 chemical substances and so must register with the DEA for a license.

Pharmacists: Pharmacists, of course, dispense medications and advise patients on dosages, etc. in their pharmacy. 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. The person prescribing these substances will need to be approved for registration with the DEA.

How to Get Your Drug Enforcement Agency Registration

Any provider in the health industry who will deal with controlled substances will need to get a DEA license or DEA 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 for registration with the DEA.
Renew the license as required.

Legal Assistance if Denied a DEA License

If you have applied for a DEA registration 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 or registration.