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DEA Drug Diversion Defenses and DEA Drug Diversion Reporting

April 8, 2022 DEA Defense Lawyers

What Happens if I Give Up My DEA Registration?

The DEA’s voluntary surrender process is designed to allow healthcare providers to give up their registration in exchange for avoiding a formal hearing. It’s a way for the DEA to avoid having to prove its case against you in court. And, in many cases, it’s also a way for the DEA to avoid having to deal with the appeals process.

However, it is not an attractive option for healthcare providers. If you agree to surrender your registration, you will be permanently barred from ever holding another one — and that means you will be permanently barred from prescribing controlled substances and practicing medicine. That could be the end of your career as a doctor or other medical professional.

What Happens if I Refuse to Surrender My Registration?

If you refuse to surrender your registration, the DEA will likely proceed toward suspension or revocation of your registration through an administrative hearing process called Show Cause Order (SCO). The SCO process involves formal charges being filed against you by the DEA, followed by a hearing before an Administrative Law Judge (ALJ). The ALJ will then issue a decision on whether or not your registration should be suspended or revoked. If that decision is unfavorable, you can appeal it through federal court.

The show cause order process may sound daunting at first glance — but it is actually quite fair and offers many opportunities for healthcare providers who are facing disciplinary action by the DEA. That’s because there are strict rules that apply throughout every step of the process — rules that must be followed by both sides in order for the outcome of any given hearing or appeal to be valid under federal law. When those rules aren’t followed properly, there are often grounds for overturning unfavorable decisions and/or winning reinstatement of suspended registrations through appeals processes in federal court.

What Happens if My DEA Registration is Suspended?

If your DEA registration is suspended, you will be temporarily barred from prescribing controlled substances and practicing medicine. The length of the suspension will depend on the facts of your case and the severity of the alleged misconduct. However, it is important to understand that a suspension does not permanently bar you from holding a registration in the future — so long as you can prove that you have taken corrective action to address whatever issues led to the suspension in the first place.

What Happens if My DEA Registration is Revoked?

If your DEA registration is revoked, you will be permanently barred from holding a registration in the future — but that doesn’t necessarily mean it’s over for your career as a healthcare provider. In many cases, healthcare providers who have had their registrations revoked are able to get them reinstated through appeals processes in federal court. And, even when reinstatement isn’t possible, there are often ways for healthcare providers with revoked registrations to get around that issue by partnering with other medical professionals who still hold valid registrations. So long as there are medical practices willing to hire them and patients willing to receive care from them, healthcare providers with revoked registrations can often continue practicing medicine — albeit under some unique circumstances.

How Can I Protect Myself Against Suspension or Revocation?

The best way to protect yourself against suspension or revocation of your DEA registration is by hiring an experienced team of veteran DEA defense attorneys like those at Spodek Law Group. We have successfully defended countless doctors and other medical professionals against disciplinary actions by state licensing boards and federal agencies like the DEA — including multiple clients who were facing revocation of their registrations due to allegations of improper prescribing practices. We know how these cases work, we know what needs to be done at every step along the way in order for our clients’ interests to be protected properly, and we know how federal law applies throughout every step of these cases — which gives us an advantage over other lawyers who don’t focus on this area of law exclusively (or even primarily). If you need help protecting your career against disciplinary action by state licensing boards or federal agencies like the DEA, we can help. Call us today or contact us online now for a free consultation with one of our experienced drug crime defense lawyers about your case.

 

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