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 can investigate practitioners who had their DEA registration application denied. If you are being investigated by the DEA, need assistance filing your DEA registration application, the DEA has denied your registration application, 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.
To prescribe controlled substances, practitioners must apply for a registration with the DEA. The DEA has the authority under federal law to suspend or revoke a practitioner’s DEA registration if the practitioner materially falsified any application for a DEA registration, including renewal applications. A falsity becomes material if it would affect the DEA’s decision in whether to grant or deny a DEA registration application, which involves the DEA to determine whether the issuance of a DEA registration is inconsistent with the public interest. Some examples include questions related to a practitioner’s licensing history or controlled substance history. However, merely answering a question wrong does not mean that a statement on a DEA registration application is materially false. Instead, when determining whether a statement is materially false, the DEA looks to see if the practitioner knew, or should have known that the statement was false, or that information was omitted and the DEA application required disclosure of such information.
After the DEA finds a statement is materially false in a practitioner’s application, the DEA determines what punishment is appropriate on a case-by-case basis. To determine what punishment is appropriate, the DEA looks to several factors, including lack of intent to deceive, history of licensure, and acceptance of responsibility for the materially false statements.
If you are being investigated by the DEA, need assistance filing your DEA registration application, the DEA has denied your registration application, 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.
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