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DEA Order to Show Cause Lawyers8 Apr 2022

An Order to Show Cause is a formal notice from the DEA that initiates an administrative proceeding against your DEA registration. The Order to Show Cause will list the specific allegations against you and will give you an opportunity to respond to the allegations. Depending on the severity of the allegations, the DEA may suspend or revoke your registration.

If you have received an Order to Show Cause, you should contact a DEA registration attorney immediately. An experienced attorney can help you understand the allegations against you and can develop a strategy for responding to the DEA.

The DEA has a broad range of enforcement tools at its disposal. In addition to revoking, suspending, or denying a registration, the DEA may also issue civil monetary penalties or impose administrative controls on your business.

The attorneys at Spodek Law Group have represented clients in hundreds of DEA investigations and administrative proceedings. We have the experience and knowledge to help you navigate the complex world of federal drug regulations and avoid harsh penalties. Our attorneys are experienced in handling all aspects of DEA investigations and administrative proceedings, including:

  • Responding to an Order to Show Cause;
  • Preparing for an Administrative Hearing;
  • Defending against a Notice of Intent to Revoke; and
  • Appealing a Final Agency Decision.

If you have received an Order to Show Cause or if you are under investigation by the DEA, contact Spodek Law Group today. If the DEA is investigating your pharmacy, here are 10 steps you need to take as soon as possible.

1. Immediately consult with an experienced healthcare attorney.

2. Do not destroy any records or evidence, as this could be construed as tampering with evidence.

3. Cooperate fully with the DEA agents, but do not answer any questions without your attorney present.

4. Gather all relevant documents and records, including prescriptions, patient files, and financial records.

5. Review your policies and procedures to ensure they are in compliance with state and federal laws.

6. Train your staff on proper prescription handling and recordkeeping procedures.

7. Implement a system to track controlled substances from the time they are received until they are dispensed to patients.

8. Conduct regular audits of your inventory to ensure that all controlled substances are accounted for.

9. Report any suspicious activity to the DEA, such as prescriptions being filled for large quantities of drugs or patients who seem to be doctor shopping.

10. Seek professional help if you or any of your staff are struggling with substance abuse.

If you are a registration holder and DEA agents come to your premises, you should ask them for their warrant or inspection notice. If they do not have one, you can politely decline to let them enter the premises. You can also ask for their business cards and make a note of the time and date of their visit.

If DEA agents do not have a warrant or inspection notice, but insist on entering your premises anyway, you should call an attorney immediately. An experienced drug crimes lawyer will be able to protect your rights and ensure that the DEA does not violate any laws during their search of your premises.

How does DEA drug diversion occur

There are a number of ways that drug diversion can occur. One way is when patients sell or give their medications to others. This can happen when patients have leftover medication that they no longer need, or when they are trying to make money by selling their pills. Patients may also divert drugs by taking more than the prescribed amount, or by taking them more often than prescribed. This can happen when patients are trying to get high, or when they want to sell the extra pills.

Another way that drug diversion can occur is when healthcare providers prescribe medications for uses other than those approved by the FDA. This is called “off-label” prescribing, and it is illegal. Healthcare providers may do this because they believe the medication will help the patient in a way that has not been proven yet, or because the patient has asked for the medication for a non-approved use.

Drug diversion can also occur when pharmacies dispense medications that were not prescribed by a healthcare provider. This can happen when pharmacists make errors, or when they fill prescriptions that were written for someone else. It can also happen when people steal medications from pharmacies, or when employees of pharmacies sell medications without a prescription.

The consequences of drug diversion can be serious. Patients who take diverted drugs may not get the medical care they need, because they are not taking the medication as prescribed. This can lead to serious health problems, or even death. In addition, drug diversion contributes to the illegal drug trade, and it can make prescription drugs more expensive for everyone.

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