DEA Show Cause Lawyer
You may come upon the term “show cause order” when you are researching your DEA license or registration. If a license is about to be suspended or revoked, before action is taken, an order to show cause is delivered to the registrant. It is important to know the term and all that is involved with it. But the meaning is basically that it is a court order which requires the party to justify or explain or prove something to the court.
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A DEA registration means that a healthcare professional has registered with the Drug Enforcement Administration so that he or she can prescribe and/or administer controlled substances. The registration assures that the healthcare provider will be compliant to all federal and state laws. The objective is that he will provide quality care to patients and use controlled substances in a legal manner. 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. Popular questions include:
Why is a DEA Registration Suspended or Revoked?
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
Show Cause Orders
If the DEA is going to begin action to suspend or revoke the DEA registration of a physician, nurse practitioner or other healthcare provider, they must first give an order to show cause to the provider. The order itself will state the reasons why the order is issued. The show cause order requires that the provider show why the registration should not be revoked, denied or suspended.
The registrant can then request a hearing with an administrative law judge to challenge what the show cause order claims. He or she has 30 days to file a hearing request. This is 30 days from the receipt of the order. If not filed in 30 days, the right to a hearing is waived.
Order to Show Cause Administrative Hearing
The hearing is held in front of the administrative law judge and the party can present their arguments. Evidence can be shown and witnesses called. After the hearing is done, a recommendation is given by the administrative law judge and submitted to the DEA. The DEA administrator hands down the final decision. If the healthcare provider disagrees, he can appeal the decision to the U.S. Court of Appeals.
Contacting Show Cause Order Attorneys for Legal Defense
As soon as a show cause order is received, you should contact an attorney. It is too vital a situation to handle on your own. The attorney will work to preserve your rights and defend you in protecting your DEA registration.
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.
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.
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.
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.
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.
In order to protect your DEA registration, a DEA Show Cause Lawyer is a necessity. These attorneys are experienced in dealing with DEA investigations and with any enforcement actions that come about as a result.