(Last Updated On: July 28, 2023)Last Updated on: 28th July 2023, 10:24 pm
Skilled Legal Counsel for Healthcare Practitioners Facing DEA Denial
Your journey to becoming a healthcare practitioner has been filled with countless hours of education, dedication, and hard work. After all of that effort, it would be unimaginable to have your career aspirations halted or derailed by the mere denial of an application from the U.S. Drug Enforcement Administration (DEA) for a Certificate of Registration to prescribe or dispense controlled substances.
But unfortunately, that’s exactly what could happen if the DEA denies your application. This can have profound and far-reaching consequences that could put an absolute roadblock in your way. This is where the Spodek Law Group and Attorney Todd Spodek come in.
We Understand Your Frustration
We understand the frustration and despair that come with an application denial, but you don’t have to simply accept an unnecessarily complicated or lengthy application process on the DEA’s terms. Our experienced DEA defense attorneys will fight to get you the registration you deserve, so you can put your hard-earned education, professional licenses, and business acumen to work.
When Can the DEA Deny an Application for Registration?
The DEA can only deny an application for a Certificate of Registration under specific circumstances, such as if you falsified information in your application, Medicare or Medicaid has excluded you from participation, or if you’ve been convicted of a felony involving a controlled substance. However, sometimes the DEA may deny an application on vague grounds like behavior that goes against the public interest. Regardless, the burden of proof is on the DEA to show that granting you a Certificate of Registration would hurt the public interest or safety.
What Happens if the DEA Denies My Application for DEA Registration?
If the DEA denies your application, it must first issue a formal Order to Show Cause, which outlines the reasons why your application should be denied and orders you to explain why your application should be approved instead. After that, there will be a hearing in which both sides will make their argument and present evidence to an Administrative Law Judge (ALJ), who will make a recommendation as to whether the application should be approved or not. The ALJ’s recommendation is then submitted to the DEA Administrator for a final decision.
Who Needs a Certificate of Registration from the DEA?
DEA registration is required for anyone who wishes to prescribe or dispense a controlled substance in the United States, including physicians, nurse practitioners, dentists, veterinarians, and any other person who plans to issue prescriptions for controlled substances or directly dispense such substances to the public.
How Can Spodek Law Group Help?
At Spodek Law Group, we are committed to providing skilled legal counsel for healthcare practitioners facing DEA denial. Our attorneys include former federal prosecutors who have represented the U.S. government against regulated businesses and individuals. Now, they represent healthcare providers like you against agencies like the DEA, putting their invaluable experience on “the other side” to work for you.
We can guide you through unexpected challenges and delays that may arise during your application process, and fight to get you the registration you deserve. We will use our experience to show that we understand the legal situation and exhibit professionalism, so you can be confident that we have the knowledge and expertise to handle your case.
Experienced Attorneys for Denials of Applications or Renewals of Controlled Substance Registration Across the U.S.
Medical professionals who prescribe controlled substances, such as doctors, nurse practitioners, physician assistants, dentists, and even veterinarians, are required to maintain registration and compliance with the Drug Enforcement Administration (DEA). Pharmacies that fill prescriptions and dispense drugs to consumers are also included. If the DEA denies an application for a certificate of registration or chooses not to renew an existing registration, it’s crucial to work with a lawyer who has experience handling DEA registration matters.
At Spodek Law Group, our attorneys have years of experience representing clients in matters involving controlled substances, professional licensing, and certification boards. We understand the complexities of DEA registration and can help you take the necessary steps to protect your ability to continue practicing.
Expert Legal Help for DEA Registration Matters
Whether you’re applying for DEA registration, need to renew your registration, or are facing consequences due to a DEA audit or investigation, our team can provide the legal help you need. We work tirelessly to ensure that our clients’ rights are protected and that they receive fair and just treatment under the law.
Why DEA Registration May Be Denied
DEA registration may be denied for a variety of reasons, including:
- Providing false information on an application for DEA registration or renewal
- Being convicted of a felony related to controlled substances under state or federal laws
- Losing authorization to prescribe or dispense controlled substances due to the suspension, revocation, or denial of a state license or registration
- Being excluded from participating in Medicare, Medicaid, or other insurance programs
- Being deemed “inconsistent with the public interest” by the DEA, which takes into account factors such as a provider’s level of experience, compliance with laws and regulations, and the prevention of drug diversion
If the DEA denies an application or chooses not to renew an existing registration, an Order to Show Cause will be issued. An applicant can request a DEA administrative hearing within 30 days of receiving this order to provide evidence and arguments in their favor. Failure to respond to the show-cause order will likely result in the final denial of a DEA registration application or renewal.
Protect Your Ability to Continue Practicing
At Spodek Law Group, we understand how critical DEA registration is to your ability to continue practicing. Our experienced attorneys are here to help you navigate the complex world of DEA registration and protect your rights. Contact us today to schedule a consultation with Attorney Todd Spodek and learn more about how we can help.