The Controlled Substances Act (CSA) is the federal law that regulates the manufacture, distribution, and dispensing of controlled substances. The CSA requires that all medical providers who prescribe or dispense controlled substances obtain a valid DEA registration. The CSA also requires that these providers participate in the DEA’s registration program.
The DEA’s registration program is designed to ensure that medical providers who prescribe or dispense controlled substances are properly trained and qualified to do so. The program also ensures that these providers are familiar with the federal laws and regulations related to controlled substances.
In order to obtain a valid DEA registration, medical providers must submit an application to the DEA. The application must include information about the provider’s qualifications, training, and experience. In addition, the application must include a statement of compliance with the CSA and all other applicable laws and regulations.
Once an application is submitted, the DEA will review it to determine if the provider is qualified to receive a registration. If the provider is found to be qualified, they will be issued a registration number which they must use when prescribing or dispensing controlled substances.
If a provider is found to be not qualified, the DEA may deny the application or take other enforcement action.
The DEA’s registration program is voluntary for medical providers. However, participation in the program is required for providers who prescribe or dispense controlled substances.
The DEA may investigate medical providers who prescribe or dispense controlled substances. These investigations may be initiated based on complaints from patients, other medical providers, or law enforcement.
During an investigation, the DEA may review a provider’s medical records, prescribing practices, and compliance with the CSA and other laws and regulations. The DEA may also interview the provider, their staff, and their patients.
If the DEA finds that a provider has violated the CSA or other laws and regulations, they may take enforcement action against the provider. This action may include revoking the provider’s registration, imposing civil penalties, or referring the case for criminal prosecution.
If you surrender your DEA registration, you will no longer be able to prescribe controlled substances. You may lose your state medical license and other credentials as well. If you are facing a DEA investigation or are already under indictment, surrendering your registration may not be the best option for you.
What Are Your Options?
If the DEA is investigating you or has already filed charges against you, it is important to consult with an experienced attorney who can help protect your rights and interests. At Spodek Law Group, our attorneys have significant experience representing physicians in federal investigations and prosecutions involving controlled substances. We have a proven track record of success in these cases and can put our knowledge and skills to work for you as well.
What is Form 104?
Form 104 is a voluntary surrender form that allows a DEA-registered individual to surrender his or her registration certificate and privileges. This form may be used by:
Individuals who have been convicted of a felony involving controlled substances; Individuals who have had their state professional license suspended or revoked for reasons related to controlled substances; Individuals who are under investigation by the DEA for alleged violations of the Controlled Substances Act (CSA); or Individuals who are under investigation by the DEA for alleged violations of other federal laws.
When you sign Form 104, you agree to voluntarily surrender your registration certificate and privileges. You also agree not to apply for another registration certificate in the future. In addition, if you sign this form, you may be subject to civil penalties and/or criminal prosecution if it is later determined that your original application contained false information or omissions. Finally, if you sign this form and then attempt to obtain another registration certificate in the future without disclosing that you previously surrendered your registration privileges, you could face criminal charges for making false statements on an application under 21 U.S.C 843(a)(4).
What Happens if I Sign Form 104?
If you sign Form 104, your registration certificate will be surrendered and your registration privileges will be terminated. You will also be required to surrender all of your DEA-controlled substances to the DEA within 30 days. In addition, you may not apply for another registration certificate in the future. Finally, if you sign this form and then attempt to obtain another registration certificate in the future without disclosing that you previously surrendered your registration privileges, you could face criminal charges for making false statements on an application under 21 U.S.C 843(a)(4).
What Are My Options If I Receive Form 104?
If a DEA agent presents you with Form 104 and states that if you do not cooperate and turn over your controlled substance registration, you could face criminal prosecution, it is important that you consult with an experienced DEA defense attorney before taking any action. An experienced attorney can review the facts of your case and determine whether or not signing this form is in your best interest. Additionally, an experienced attorney can negotiate with the DEA on your behalf to try to reach a resolution without requiring that you surrender your controlled substance registration or face criminal charges.
If you have been contacted by the DEA or are under investigation for alleged violations of the CSA, contact us today.
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