DEA REGISTRATION SURRENDERS
What You Need To Know About Surrendering Your DEA Registration Certificate
As a healthcare professional who prescribes controlled substances, it is important to understand the ramifications of surrendering your DEA registration certificate. This action can have serious consequences on your career and livelihood, and may not always be in your interest.
The Power of the DEA
The Drug Enforcement Administration (DEA) has the authority to revoke a healthcare professional’s registration certificate. Revocation means that you are no longer allowed to prescribe controlled substances. However, this is just one of the many actions that the DEA can take against you if they believe that you have violated laws related to controlled substances.
The DEA can impose various civil monetary penalties or refer cases for criminal prosecution. In addition, they may require you to surrender your registration certificate as part of a settlement agreement or consent order.
Why Surrendering May Not Be The Option
If the DEA asks you to surrender your registration certificate, consult with an experienced healthcare attorney before taking any action. Succumbing to this request is not always in your interest, and this decision could narrow down into some drastic implications on your career, such as:
Surrendering Your Registration Certificate May Not Be Enough: Voluntarily surrendering your license does not guarantee immunity from future civil monetary penalties or criminal charges from being filed against you. The fact that you surrendered your license could be used against you as evidence of guilt if charges are filed at some point in the future;
Surrendering Your Registration Certificate Is Not Always Voluntary: It is required by law for state officials to remove someone’s license if there is evidence indicating its continuation poses a danger to public health and safety. State law enforcement officials may take measures such as revoking or suspending the license without notice;
Surrendering Your Registration Certificate May Make It More Difficult To Obtain A New One: If you ever want to practice again, surrendering your license requests you to go through all necessary requirements and steps to obtain a new one;
Surrendering Your Registration Certificate Is Not Always Necessary: Requested by state law enforcement officials, or as part of an agreement with federal prosecutors, there might be no need to surrender your license. Forcing an involuntary act comes with far-reaching implications that may affect you.
In summary, before making any decision about whether or not to surrender your registration certificate consult with an experienced healthcare attorney who can help protect both yourself and any other licenses that might be affected by such actions (such as medical licenses).
The Real Scenario
It begins with an agent from the DEA walking into your practice requesting information regarding your prescribing habits. Dutifully answering all his questions thinking it’s just a routine inspection may seem like the smart move. The next thing you know, he asks you to voluntarily surrender your DEA registration certificate. Failure to comply means he’ll come back with a warrant to seize your controlled substances inventory and arrest you.
The unfortunate part about this scenario is that it occurs all too often. You can avoid such situations if adequately prepared for inspections first.
Tips for Preparation
Below are ten tips that could safeguard against unnecessary drama:
|#||Tips To Follow|
|1.|| Keep a log of all controlled substance prescriptions written by each practitioner in your practice and have them available during an inspection.|
|2.|| Ensure that each prescription has been appropriately signed by the respective practitioner who wrote it.|
|3.||Keep copies of all medical records related to patients who were prescribed controlled substances|
|4.|| Keep copies of any correspondence between practitioners and state licensing boards regarding prescribing practices.|
|5.||Be prepared to explain why you prescribed a controlled substance to each patient (i.e., what symptoms were being treated).|
|6.||Be specific about why you recommended a particular amount of medication for each patient (i.e., how long did they need treatment). td>|
|7.||Be ready to clarify why you gave specific drugs over others (i.e., what other medications did they try first).|
|8.||Possess both hard and soft copies of all laboratory tests performed on patients before prescribing any control substance.|
The DEA might also request lab tests conducted after prescription, ensure you have possession of them as well.
The use of pain management s, physical therapists etc. in controlling prescription involves collaboration amongst professionals hence adequate documentation must be developed for reference.
In conclusion, voluntary surrendering your registration certificate is not always the course of action in response to a DEA investigation. It is crucial that healthcare professionals are aware of their rights during these situations and fully comprehend the consequences before making any decisions. It is always to have an experienced healthcare attorney examine your case and offer legal advice on your options moving forward.
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS