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DEA Voluntary Registration Surrenders

By Spodek Law Group | March 18, 2022
(Last Updated On: July 28, 2023)

Last Updated on: 28th July 2023, 07:21 pm

So, imagine this: Surrendering your DEA registration willingly appearing as a sensible step to you. I tell you, it’s no less than throwing yourself off the ledge. And yet, many healthcare practitioners gravitate towards this fallacy, every single year. It usually occurs in the aftermath of a DEA inspection or when the DEA comes knocking at the door. The terror strikes deep into their hearts, making room for the fear of further ramifications. But let me tell you one thing here, surrendering your DEA registration willingly can trigger many unforeseen repercussions. It’s a commonly held belief among healthcare professionals that once they surrender their DEA registration on their own accord, no further actions will follow. In reality, it’s the equivalent of shooting oneself in the foot.

The consequences of willingly surrendering your DEA registration can be severe, but not irreparable. Our Spodek Law Group ensures you aren’t navigating this tricky territory alone. With over half a century’s worth of collective legal experience, we have got your back! There are several reasons why surrendering your DEA registration is a disastrous idea. A few of those are as follows:

– It can instigate consequences from bodies governing your state/medical/professional license
– The possibility of your application for DEA registration being rejected in the future intensifies
– The DEA adjudication process is notoriously slow. If you refuse to surrender your registration, you can continue practicing until the verdict arrives

Wondering when your registration could be suspended or revoked?
There are instances where DEA registration can be put on hold upon proving the following:

– Providing fraudulent information on your registration application
– Being convicted of a felony related to controlled substances
– Having your state registration/license suspended or terminated
– Displaying behavior detrimental to public interest, health, or safety

Before revoking your DEA registration, an opportunity to clarify why it shouldn’t be terminated or put on hold is provided through a show cause order. In extreme cases, the show cause can overlap with the suspension/revocation/denial. Besides, the registrant has 30 days post show cause order and is granted a hearing. By willingly surrendering your DEA registration, you relinquish all rights to a hearing. Furthermore, you’ll be required to reapply for DEA registration once the dust settles down. This process can gobble up a significant chunk of your time; it may even take years.

The consequences of your actions can lead to the revocation of your DEA registration if:

– You engage in acts inconsistent with public interest as dictated under section 304 of the act
– You’re convicted of a felony under any law of the U.S. or any State, related to any substance listed in section 102 of the Controlled Substances Act
– You wilfully violate or refuse to comply with any provision of the act or any issued regulation
– Your State professional license or registration has been suspended, revoked, or denied by a competent State authority, preventing the medical treatment of human beings
– You have had your registration suspended or revoked by Federal authority for cause
– Your application for registration has been denied by the Administration
– You have provided false information on any application filed for registration
– You have been convicted of violating any Federal or State law related to any other controlled substance

In simpler words, any of these reasons can get a healthcare professional delisted from the DEA’s registration.

Worried about what happens if you move out of your current state?
States might have reciprocal agreements which could result in the suspension or revoking of a practitioner’s state license, even if it wasn’t surrendered. This scenario emerges when a practitioner shifts to another state and attempts to acquire a license to practice there. Not every state law actively demands a practitioner to surrender his/her state license. However, certain states rule the voluntary surrender of DEA registration as a valid reason for the revoking of their state license. On the other hand, if there is an agreement between DEA and state authorities, the practitioner’s state license might be simply suspended or revoked.

If you’ve voluntarily surrendered your DEA registration, or in cases where your registration has been suspended or revoked, you could be staring at disciplinary action by your state licensing board. This could potentially halt your practice, making you liable to severe penalties and sanctions. This is where it becomes critical to draw upon the expertise of a seasoned healthcare licensing attorney, well-versed in your state laws to ensure your interests are protected, helping you retain your state license.

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