NEW JERSEY CRIMINAL LAWYERS

DEA Surrenders DEA Suspensions and Revocations

The Importance of Experienced Legal Representation in DEA Cases

If you are a healthcare provider who is facing charges from the Drug Enforcement Administration (DEA), then you are likely feeling very anxious and overwhelmed. The consequences for DEA violations can be severe, including the suspension or revocation of your registration to prescribe controlled substances. It is important that you understand the process and have experienced legal representation on your side to help you defend your interests every step of the way.

The First Step: The Show Cause Order

The first step in the process is usually a “show cause” order. This document lists the charges against you and gives you an opportunity to respond within 20 days. It is crucial that you take this seriously and contact a healthcare attorney with experience in DEA cases immediately. A qualified attorney can help prepare your response and guide you through the rest of the process.

If you fail to respond or if your response is not satisfactory, then the DEA will issue an order of suspension or revocation immediately without further notice. This is why it becomes even more critical to have experienced legal representation on your side because there are strict deadlines for appealing these orders (usually within 30 days). If those deadlines are missed, then it may be too late for anything else to be done about it.

Suspension vs Revocation

If your registration is suspended, then you will not be able to prescribe controlled substances for a period of time. The length of the suspension will depend on the severity of the charges against you and whether or not this is your first offense. You may also be required to complete certain conditions before your registration can be reinstated.

On the other hand, if your registration is revoked, then it means that you are permanently barred from prescribing controlled substances. This could have devastating consequences for both you and your patients. Therefore, having experienced legal representation throughout every step of the process could mean preventing this outcome or minimizing its impact if it does occur.

Possible Defenses Against DEA Charges

There are a number of possible defenses against DEA charges, but two of the most common ones are lack of knowledge and lack of intent. Lack of knowledge means that you did not know that the person was not a patient or that they were not authorized to receive controlled substances. On the other hand, lack of intent means that you did not intend for the person receiving the controlled substance(s) from you or their agent to use them for illegal purposes. It can be difficult to prove either defense without experienced legal representation on your side.

The DEA Process

When considering whether to suspend or revoke a registration, there are certain steps the DEA must follow:

1. The DEA may issue a “show cause” order, informing registrants of specific allegations and affording them an opportunity to present information in writing or in person.

2. After reviewing all submitted information, if appropriate, DEA may evolve evidence and initiate administrative proceedings seeking revocation or suspension of registration status.

3. Registrants have a right to an administrative hearing before an Administrative Law Judge if requested within 30 days after receipt of the notice unless they waive this right.

4. Decisions issued by Administrative Law Judges become final agency decisions unless reviewed by the Administrator on his/her own initiative (not at the request of any party).

5. Final decisions can be challenged under certain conditions in Federal Court; however, if no appeal is made within 30 days then it becomes final.

DEA Office Responsibilities

The Diversion Control Division is responsible for investigating and prosecuting cases involving the illegal diversion of controlled substances.
The Division consists of five sections: Registration Section, Compliance Section, Diversion Investigators Section, Administrative Law Judges Section and Litigation Section.
There are two databases administered by this division- Controlled Substances Act Registrant Database which is searchable database containing data about every registered entity involved in handling drugs listed by Congress as having abuse potential and National Precursor Log Exchange which is a web-based system used by law enforcement to electronically track the sales of pseudoephedrine and ephedrine, chemical precursors required for the illicit manufacture of methamphetamine.
The office is headquartered in Arlington, Virginia and has field offices located throughout the United States.

Conclusion

DEA cases can have severe consequences for healthcare providers. That’s why experienced legal representation is critical in defending your interests throughout every step of the process. It’s important to understand the process, possible defenses, and DEA responsibilities when facing charges. By doing so, you may be able to prevent suspension or revocation of your registration and minimize their impact if they do occur.