Voluntarily surrendering your DEA registration is an absurd thought. Many healthcare practitioners do exactly this, every year. Their voluntary surrender happens after a DEA inspection, or a raid by the DEA. The healthcare provider is scared, and fears additional consequences. Voluntarily surrendering your DEA registration can cause additional consequences. Healthcare professionals are told that if they voluntarily surrender your DEA registration – there will not be any other actions taken. Doing this – means surrendering your entire career!
Voluntary surrender of DEA registration can negatively impact you. The healthcare defense attorneys at Spodek Law Group can help you. We have over 50 years of combined experience, helping healthcare professionals. There are many reasons why voluntarily surrendering your DEA registration is a horrible idea. For example:
When can the registration be suspended, or revoked
There are situations where DEA registration can be suspended, if the following is proven:
Before your DEA registration is revoked, the registrant has to be given show cause order. This gives you a chance to explain why your registration shouldn’t be suspended or revoked. In emergency situations, its possible that the show cause order can be issued at the same time as the revocation/suspension/denial. Besides this, the registrant has 30 days to show cause order, and is granted a hearing. Voluntarily surrendering your DEA registration waives all rights to a hearing. It also means you have to reapply for DEA registration once all the proceedings are done. This can take years.
The DEA can revoke a registration for any of the following reasons:
In other words, a medical professional can be removed from the DEA’s registration rolls for any of the above-listed reasons.
The DEA can also suspend a registration certificate. The DEA can suspend a registration certificate if it has a reasonable belief that the “public interest” requires such a suspension. The DEA can also suspend a registration certificate as a matter of administrative convenience.
The bottom line is this: A healthcare professional who has a DEA registration certificate — and who wants to keep that registration certificate — must avoid any of the above-listed conduct. When a healthcare professional is the subject of a DEA investigation, the healthcare professional’s best move is to obtain legal representation from an experienced and aggressive DEA lawyer.
The DEA lawyer will know what to do — and what not to do — to defend the healthcare professional.
The DEA lawyer will also know what to do — and what not to do — to mitigate any discipline that the DEA may seek to impose.
What happens if I go to a different state?
However, some states have reciprocal agreements that allow a practitioner with a suspended or revoked DEA license to also have his/her state license suspended or revoked, even if the state license was not surrendered. This can happen if the practitioner moves from one state to another and attempts to obtain a state license to practice in the new state.
In addition, although not every state has a law that specifically requires a practitioner to surrender his/her state license, some states have laws that make the voluntary surrender of the practitioner’s DEA registration a legal basis for the suspension or revocation of his/her state license. However, if the DEA and state authorities have some kind of agreement, the state authorities may simply suspend or revoke the practitioner’s state license as a matter of course.
If you have surrendered your DEA registration, or if your registration has been suspended or revoked, you may be facing disciplinary action by your state licensing board. As a result, you may be unable to practice, and you may be subject to severe penalties and sanction. It is important to have a competent and experienced healthcare licensing attorney who is familiar with the laws of your state to protect your interests and help you retain your state license.
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