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Illinois DEA registration defense lawyer 104 formIn light of the current opioid epidemic in the United States, state and federal governments – as well as state boards of pharmacy and medicine – have ramped up their investigations into suspected improper prescribing habits. In particular, the Drug Enforcement Administration (DEA) is aggressively reviewing prescription and medical records for pharmacists and physicians who hold DEA registrations.

Increasingly, these DEA registrants are reporting that DEA agents are appearing unannounced at their homes or businesses to interview the registrants and inspect the premises for evidence of wrongdoing. In most cases, the agents then ask the registrants to sign what’s called a 104 Form, whereby the registrant voluntarily surrenders his or her DEA registration. The agents assure the registrant that the surrender is temporary and that he/she can get his/her registration back “in a few weeks” as long as they cooperate with the investigation.

You should not do this without first consulting an attorney.

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Illinois DEA defense lawyerHealthcare providers who work with controlled substances are at an almost constant risk for allegations of drug diversion, unlawful prescribing, or the illegal distribution of a controlled substance. To make matters even worse, these same healthcare professionals often undergo routine audits with the DEA, only to wind up in the middle of an investigation. Thankfully, it is possible to protect your medical license, even if you are in the midst of chaos.

DEA Audits and Inspections

The DEA regularly investigates and audits healthcare providers to ensure they are maintaining compliance with the Controlled Substances Act. This occurs about once every three years but may be more frequent for certain practices. Most often, investigations are done at random. However, specific practices – namely pain management clinics and providers – may be targeted because the agency considers them a “high risk.” A tip or complaint from a pharmacist or patient and discrepancies in prescribing patterns could also lead to an investigation or audit.

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Illinois State Bar Association DuPage County Bar Association Illinois Pharmacists Association American Pharmacists Association 10.0Joseph John Bogdan
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