Our attorneys can help represent dentists throughout the USA in DEA Inspection and Audit Cases

The DEA regulates the manufacture, distribution, and the usage, of controlled substances in the USA. While the DEA’s focus is on doctors and pharmacies, dentists also come under their purview – based on drugs that are prescribed to patients, or controlled substances used during procedures. If your dental office is under DEA investigation or audit, it’s wise to speak to our DEA defense lawyers.

At the Spodek Law Group, we have experience representing medical professionals who are being investigated by the DEA – or who face other issues that can impact their license and ability to practice. We have a lot of experience with cases involving providers who prescribe, or dispense, substances. We are ready to work with you and make sure you get the best legal representation. We can help you take the proper measures to protect your registration, and avoid potential consequences to your dental license and ability to practice.

DEA Audits can be routine, or they can happen if the DEA feels an investigation is necessary due to concerns about the dentist prescribing medicine incorrectly, or using controlled substances carelessly. The DEA is looking to uncover/prevent drug diversion and trafficking, and if it determines a dentist violated the CSA – it can take action to suspend/revoke their DEA registration. It can also turn the case over to the DOJ for criminal prosecution. Your loss of DEA registration can lead to the suspension/revocation of your dental license, in addition to other issues.

During your inspection/audit/investigation, the DEA will review your dental practice records, including your inventory records for controlled substances kept on hand – and patient records related to prescriptions, or controlled substances that are administered during dental procedures. Agents will also look at your inventory of controlled substances, take samples of them, and interview your staff. There are many issues the DEA will look for, such as:

Controlled substances which were prescribed, or administered, outside of the scope of your practice

Prescriptions for controlled substances which weren’t necessary

Prescriptions issued without a documented relationship

Failure to store/dispose of substances

Lack of security measures to ensure that controlled substances/prescription pads will not be stolen

Black bagging – transporting controlled substances from one office to another without following procedures

Failure to maintain adequate records relating to the storage/administration of controlled substances

Information which was false/misrepresented during your DEA registration application

Dentists usually give informed consent for the DEA to perform an audit/inspection/investigation. In some cases the DEA might get an administrative search warrant, which will require the registrant to comply. The DEA can also ask a dentist to voluntarily surrender their DEA registration. You should not agree to this, without speaking to your DEA defense attorney.