Criminal Defense Lawyers

The DEA Denial Explained

If you’ve worked hard to become a medical provider and have been denied for DEA approval, you’re not alone. Doctors, dentists, nurse practitioners, and veterinarians all require this designation to prescribe important medications. The DEA occasionally denies applications or makes the process as difficult as possible. It’s unfair to be subjected to such scrutiny. Fortunately, a skilled healthcare attorney can help you reduce the burden in getting that all-important prescriber number you’ll need to conduct business. This informative article will explain how the denial process works and what can be done to help you get the application approved.

The DEA’s Process in Denying a Credential

The DEA is supposed to process all applications for prescribers in good faith. This means that unless they have a reason to not approve the application, there shouldn’t be any stumbling blocks. There are only seven legitimate ways the DEA is supposed to revoke a current registration or deny a new application. Those reasons are as follows:

• • Erroneous or omitted information submitted to the DEA

• • Medicare or Medicaid exclusion

• • A controlled substance felony conviction

• • A revoked, suspended or denied registration as a medical provider

• • A voluntarily surrendered DEA registration

• • Demonstrated behavior that goes against the public interest

• • Your registration could cause imminent danger to the public

“Against public interest” is a rather vague term that should be defined. Typically, the DEA will consider if your past actions have involved issues with controlled substances and the law as a whole and if you’re able to effectively manage drugs that have addictive properties, effectively. While this should clear things up somewhat, there’s obviously still room for interpretation. If the DEA denies or severely impedes your ability to gain your credentials, you’ll want to hire an attorney at once to fight for you.

The Process of Challenging a DEA Registration Denial

If the DEA denies your application, they’re required to show just cause and provide you with a hearing upon request. For a hearing, you’re required to file within 30 days of the notice you’ve received from the DEA if you’re in disagreement with their response, an error is found, or you feel that the matter could be cleared up through a formal hearing. Other causes for concern are when the DEA takes beyond the six-week maximum timeframe they’ve provided. An attorney can help expedite the process and clarify any challenges that may have come up during processing.

Handling Matters Via Self-Representation

Many people feel that this is a simple matter that they’d be able to handle by themselves. While you’re certainly able to present your own information and make an argument, this is a rather complex area of the law. Due to the nature of the hearing and since it’s being held by a non-traditional court, it’s imperative that a competent attorney with ALJ and DEA experience handle the matter. Courts have little to no sympathy for those who claim ignorance to the law or courtroom procedure. While the internet is full of useful information, it’s simply unable to substitute years of education and experience. Hiring an attorney will improve your chances of success considerably and will get you back on track as quickly as possible.

Our law firm can tackle your case from a realistic perspective and provide insight on what to expect. If you’re currently facing denial or feel you most likely will be denied, we’ll be able to help. We’ve helped many others along the path to overcoming a hurdle to their dreams and will fight just as hard for you, today!