What Is the Role of an Attorney in Defending Against DEA Audits?

 Posted on September 20, 2024 in PBM Pharmacy Audits

Physicians, hospitals, and pharmacists are sometimes subjected to audits by the Drug Enforcement Administration (DEA). The purpose of an audit is to determine whether there have been any violations of the Controlled Substances Act, which regulates the distribution of drugs. DEA investigators specifically look for any indications of drug diversion, where medication prescribed for a patient is given to someone else.

A DEA audit can be a harrowing experience and result in serious penalties. These may include license revocation, criminal charges, and/or the revocation of the provider’s DEA registration that allows it to dispense drugs. That is why an Illinois DEA audit defense attorney is essential for responding to audits and maintaining your business.

How Does a DEA Audit Work?

An audit may start with the DEA sending the pharmacy a document called Form 82, which asks for the pharmacy owner’s consent to allow the DEA to conduct an audit. Other times, the DEA may obtain a warrant and audit the pharmacy without notice or the owner’s consent.

The DEA will pore through the pharmacy’s documents and records. Investigators will look through prescriptions, receipts, dispensing records, and purchase records to determine whether the pharmacy has violated the Controlled Substances Act (CSA). They may also interview employees about the pharmacy’s practices.

Investigators will be searching for certain issues such as:

• Dispensing dangerous combinations of medications
• Poor record-keeping
• Significant discrepancies in inventory
• Dispensing a high volume of high-risk drugs

What Happens if the DEA Finds Violations During an Audit?

If DEA investigators find discrepancies and determine there have been CSA violations, they will present the pharmacy with a report of those compliance breaches. They may then revoke the pharmacy’s registration and turn the case over to criminal investigators.

What Can My Attorney Do if I Am Audited by the DEA?

Due to the possibility of criminal charges and license revocation, pharmacies should speak to DEA officials with an attorney present. If you are facing an audit, a qualified attorney may do any of the following:

• Communicate with the DEA on your behalf
• Prevent investigators from searching records that are not within the scope of the investigation
• Negotiate with DEA officials to reduce penalties
• Challenge the DEA’s findings
• Provide explanations for discrepancies or seeming violations
• Guide you on how to respond to the DEA’s requests and what information to provide
• Defend you against criminal charges
• Represent you in administrative hearings or appeals

Contact an Illinois DEA Audit Defense Attorney

A DEA investigation can be an overwhelming and frightening ordeal. Your license, practice, and freedom may be on the line when the DEA decides to conduct an audit. Make sure you get the best protection possible by contacting The Law Offices of Joseph J. Bogdan, Inc.. Joseph Bogdan is a registered attorney and a pharmacist with the skills and experience needed to guide you through a DEA audit. Schedule a free consultation with an Illinois DEA audit defense lawyer by calling 630-310-1267 today.