Is a record of felony conviction standing between you and the right to prescribe controlled substances to your patients? While this usually spells trouble, having the right assistance can be helpful.
Physicians, nurse practitioners, dentists, optometrists, veterinarians and other such healthcare professionals who intend to prescribe controlled substances need to have a valid Certificate of Registration from the Drug Enforcement Administration (DEA). Every DEA registrant is assigned a unique DEA number which has to be quoted on the prescriptions and other paperwork.
The DEA new registration form (DEA Form 224) is available on the website, and all things being equal, getting the license/registration is a smooth and straightforward process. Yet, it should be noted that the DEA stands completely committed to preventing drug abuse, misuse and diversion in the country. Therefore, it carefully screens the applicants and has the power to deny the application on various statutory grounds.
A felony conviction tops the list of reasons for withholding a DEA registration. Indeed, if an applicant has been convicted of a felony under state or federal laws, it can result in the denial of the application. And it goes without saying that a healthcare professional cannot prescribe any prescription drugs without a DEA Registration Number.
Getting to the crux of the matter
A felony is a crime of serious proportions, usually involving a prison conviction of a year or more. While the offense and associated penalty can vary, it is much more than a casual misdemeanor. Crimes where the final sentence is under a year of incarceration are also considered felonies in many situations.
The DEA conducts a thorough screening of the applicants. There will be a detailed background check along with a review of the OIG (Office of the Inspector General) exclusion list as well as the GSA (General Services Administration) exclusion list. They will specifically look into any felony conviction related to controlled substances.
In case a conviction for a felony shows up on the record, the DEA may decide to deny the registration and issue a show cause order to the applicant including the reasons for the denial. This is the applicant’s chance to explain or justify to the court based on factual evidence regarding the actual issues involved in the felony.
Here, things are not as black and white as they may seem at first. For instance, a person may plead ‘no contest’ to a crime, but the charges may be reduced or even dismissed later on. However, the DEA still considers the ‘no contest’ plea as an admission of a felony offense. In essence, the final decision is at the sole discretion of the Administrator of the DEA.
Therefore, when an applicant for new DEA registration or DEA registration renewal is worried about a felony record that can affect his/her chances of getting the license, it is pragmatic to engage professional compliance professionals and legal assistance who can wade through the deep waters to the extent of getting the denial rescinded in the hearing.
