DEA Adjudication of Cases

Our healthcare law firm works with many providers and healthcare practices who are facing an investigation from the Drug Enforcement Administration (DEA). This blog covers how the DEA adjudicates cases against healthcare practitioners being investigated for potential DEA violations. If you are being investigated by the DEA, the DEA has approached your practice, or you would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

Federal law allows the DEA to suspend or revoke a practitioner’s DEA registration for several reasons, including if the practitioner has committed an act that would render the practitioner’s DEA registration “inconsistent with the public interest.” The DEA determines what the public interest is based on a variety of factors, including (1) the recommendation of the appropriate state licensing board or professional disciplinary authority; (2) the practitioner’s experience in dispensing or prescribing controlled substances; (3) the practitioner’s conviction record related to controlled substances; (4) the practitioner’s compliance with applicable laws related to controlled substances; and (5) such other conduct that may threaten public health and safety. 21 U.S.C. § 823(g). The DEA weighs these factors on a case-by-case basis, so some factors may weigh more than others depending on the case’s facts.

If the DEA finds a practitioner’s conduct is inconsistent with the public interest, then the DEA will issue a sanction, which also depends on the facts. In determining what sanction to impose, the DEA looks at several factors, including acceptance of responsibility, credibility of such acceptance, nature of the misconduct, and the DEA’s interest in deterring similar conduct. Corrective measures are also an important factor, but the DEA considers them only where the practitioner has accepted responsibility.

If you are being investigated by the DEA, the DEA has approached your practice, or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.

 

 

*Disclaimers: Thoughts shared here do not constitute legal advice nor do they form an attorney-client relationship.  All digital presentations by our firm or its attorneys are provided as a public informational resource.  Although intended to be correct and up to date as of the date posted, we cannot guarantee the accuracy of posted information, especially as it relates to individual situations.  We do not routinely update such information.  To determine up-to-date information about the subject matter of this information and proper application to a specific situation, it is important that you consult your healthcare attorney.  Our communications of information through the Internet shall not constitute “presence,” “doing business” or the practice of law in any location, even when a specific state or its laws/rules are referenced.  Our firm maintains offices in Georgia and no other state. Our attorneys are licensed in some, but not all, states.  For each client engagement we accept, our firm undertakes best efforts to ensure we are aware of and adhere to applicable jurisdictional requirements, which may include reviewing local rules, conducting relevant research and collaborating with, or referring a matter to, a local attorney.