When it comes to to DEA suspensions and revocations, this is no trifling matter. You are in serious jeopardy, and so is your future. DEA agents are very eager and aggressive to take away our license, and prove you acted incorrectly. It is their job to enforce the law, and take an aggressive stand against wrongdoings relating to controlled substances. Potential violations are taken seriously, and can lead to aggressive actions taken against healthcare providers. Your DEA registration is extremely critical to your career - and your ability to practice medicine. Giving it up is not something you should easily do, or even consider - you must take this attempt to take away your livelihood seriously.
Any doctor, medical practitioner, etc, must fight any attempt to suspend, or revoke, their DEA license - with the help of a DEA defense lawyer.
The first thing DEA agents will do, is try to get you to voluntarily sign away your registration through a process called voluntary surrender. It is a mistake to agree to this.
If you refuse to surrender, the DEA will start proceedings toward suspension or revocation. It is in your best interest to have a team of DEA defense attorneys to represent you through this process. It can make a significant difference in the outcome. You have rights, and the DEA has a burden to meet - before it can suspend, or revoke, your DEA registration.
Spodek Law Group P.C. can help you maintain your DEA registration in good standing. Our law firm has experience handling complex federal cases, and understands how to build a solid, criminal defense. Just because the DEA wants to take away your DEA registration doesn't mean you have to make it easy. More importantly - it doesn't mean the DEA is right.
When is the DEA able to suspend or revoke your registration?
- False info on your DEA registration
- Medicaid, or Medicare, has excluded you from participating in its programs
- You are convicted of a felony, involving a controlled substance
- At least 1 state has revoked, or denied your license
- You voluntarily suspended your medical registration
- You did something that is against the public interest
- Your continued practice is an immediate danger to the public health
In all of these situations, there is a formal adjudication process which takes time, and during that process - it's in your best interest to hire a DEA defense lawyer. Except in situations where your case involve "imminent danger," to the public - you can practice until the process is resolved.
Responding to a DEA Show Cause Order
If the DEA wants to revoke, or suspend, your DEA registration, it has to first formally serve you with an order to show cause. This will include a list of the facts and laws, relevant, to why the DEA is looking to suspend or revoke your DEA registration. You have to then respond to the order by explaining why your registration shouldn't be suspended/revoked. Your response to this, is critical, and it's important no mistakes are made. You have to respond in a timely manner, and thorough manner, in order to make sure the outcome is in your best interest. Experienced DEA defense law firms can help you. In cases involving imminent danger, your order to show cause will likely be accompanied by an immediate suspension order. If you receive a notice of immediate suspension, you should comply with the order.
DEA show cause hearings are important
The DEA order to show cause will inform you that you have a right to request a hearing, in response to the order. If you want to request a wearing - you will need to file that request within 30 days. Failure to file this request can constitute a waiver of your right to a hearing. Voluntary surrender of your registration will also represent a waiver of your right to a hearing. DEA show cause hearings are similar to hearing state medical licensing board hearings where doctors are challenged. It's important to take this process seriously. If it goes unwell, it could have major implications. Show cause hearings are adjudicated by a federal administrative law judge. Both sides will present their case, and can admit evidence + call witnesses. The DEA has the burden of proof on them.
The DEA will look at several things, such as:
Whether you complied with the federal and state laws
Previous convictions you have, pertaining to controlled substances
Whether there are effective controls in place, against controlled substances
Experience with handling/distributing controlled substances
At the end of the process, the DEA will give a final decision. You can appeal this final decision with the U.S. Court of Appeals.
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