Doctor Restores DEA Registration After Allegations of Failure to Report Prior Disciplinary Action and Open Disciplinary Action

Professional:
Physician

Primary Issue:
The physician timely submitted his DEA Registration renewal form; however, the DEA failed to renew the provider’s registration within the usual 4 to 6 week processing period. The physician contacted Chapman Law Group after his current Registration fell into “expired” status and pharmacies refused to fill controlled substances under the provider’s registration. As a solo practitioner, this was very disruptive to his practice.

How We Helped:
Prior to contacting Chapman Law Group, the physician contacted the DEA regarding the status of his renewal. Based on the DEA’s response, he sensed his registering was under investigation. Fearing he would lose is the ability to prescribe, the provider contacted Chapman Law Group. We immediately reached out to the assigned DEA investigator and discovered that the physician’s registration was under investigation for 1) allegedly failing to report prior disciplinary action, and 2) pending disciplinary action by the State to revoke the physician’s medical license. We argued that 1) the physician submitted a timely and truthful renewal application, containing all required information, and 2) the current disciplinary action was not grounds to deny the physician’s renewal. We further argued that the previously reported disciplinary action was not sufficient grounds to revoke the physician’s DEA registration. Having insufficient grounds to deny the renewal, or bring formal action against the physician’s DEA registration, we requested that the DEA immediately renew the physician’s DEA registration.

Result:
The physician’s DEA registration was fully renewed within two weeks, and no formal action was taken regarding the prior and pending State disciplinary action.

Attorney:
Erica L. Chapman

Tip:
The DEA often delays the renewal of registrations for providers under current investigation by another agency, such as the licensing boards. Therefore, DEA registrants with prior or pending disciplinary action should hire an attorney at least 60 prior to the expiration of their DEA registration. An attorney can help prepare the DEA renewal form to ensure it reports all required information, yet address why the issue is not grounds for denial. An attorney can also assist in obtaining an extension on the current registration to avoid disruption to the provider’s prescribing authority while the renewal is under investigation.


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