DEA LAWYER IN TEXAS

Why You Need a DEA Defense Attorney

Controlled substance registration holders should consult with a knowledgeable DEA attorney before they surrender their registrations. When a DEA agent inspects your premises, they must present a Form 82, Notice of Inspection. What healthcare practitioners may not realize they can refuse to consent to the inspection by refusing to sign Form 82. When you refuse to sign Form 82, the DEA cannot return until they get an administrative inspection warrant or search warrant.

If you consent to an inspection, the DEA is limited in what it can do. For example, the DEA is authorized to “inspect, copy, and verify the correctness of records required to be kept.” However, they can’t review sensitive information like financial records or patient charts. You may have been unaware of your right to refuse to sign Form 82, of your right to protect sensitive data, and of other rights you have as a healthcare practitioner.

If the DEA puts you and your healthcare practice in this difficult position, you may be confused about what to do next. If you don’t know what legal rights the Act affords you, surrendering your controlled substance registration may seem like the easiest thing to do.

However, you don’t have to be intimidated into surrendering your controlled substance registration when the DEA fails to follow proper inspection protocol. An experienced DEA attorney can show you all the aspects where the DEA is legally wrong in this complicated situation. Your attorney will know your rights and will advocate for them on your behalf.

What to Expect from DEA Agents – and How to Be Prepared

When a DEA inspector visits your healthcare practice, they must identify themselves with a badge. If the inspector didn’t, you already have a case against them. Next, the inspector must present Form 82. Again, you have the right to refuse to sign this document. The inspector may claim that they will “come right back with a warrant” if you refuse to sign Form 82.

Then, the DEA inspector may ask you to provide them with information such as:

• Your current DEA registration denoting “X” waived status
• Your Patient Prescription Logs and Dispensing Logs
• Your list of patients receiving buprenorphine or similar medications

You do not have to consent to an inspection without a warrant. However, if you do, you should notify all waivered physicians of the DEA’s right to audit them. In addition, you can be prepared for an inspection by making sure that all relevant documentation is in compliance and easily accessible.

Staff members of your healthcare practice have the right to oversee DEA inspections, so you should train one or two members of your team to observe DEA inspections. There is strength in numbers, and if the DEA sees that everyone in your practice understands what happens during a DEA inspection, they are less likely to try to intimidate or trick your staff into revealing information they are not allowed to see.

The DEA inspector will also realize that all of you know your rights and know what they can and can’t do. This will keep them in check and is more likely to ensure that they abide by the rules according to the Act.