When Can a Dentist Be Investigated by the DEA?

 Posted on July 30, 2024 in DEA

For dentists, the ability to prescribe controlled substances is essential for managing patients' pain. However, improper prescribing practices or other concerns about drug diversion can lead to serious consequences. Investigations may be performed by the Drug Enforcement Administration (DEA), and a dentist could face the loss of their controlled substance registration. Understanding the reasons why the DEA may perform an investigation is vital for dentists who need to avoid issues that could affect their practices. In these situations, an experienced attorney can provide legal help and representation to ensure that a dentist can protect their practice.

Common Issues That May Lead to a DEA Investigation

Dentists can be investigated by the DEA for several reasons that may be related to the improper prescribing or dispensing of controlled substances. Some common issues that may trigger an investigation include:

• Overprescribing controlled substances: Dentists may be accused of prescribing pain medications such as opioids without a legitimate medical purpose or failing to adhere to the applicable guidelines to prevent drug abuse. Signs of overprescribing may include prescribing high doses or large quantities of controlled substances, continuously prescribing pain medications without exploring alternative treatments, or ignoring patient history and the potential for substance abuse.

• Prescribing without proper medical evaluation: Dentists must evaluate patients thoroughly and ensure that a legitimate provider-patient relationship is established before prescribing controlled substances. Dentists may be investigated if there are concerns that they have issued prescriptions based on minimal or no examinations or prescribed medications to patients who did not need controlled substances for valid reasons.

• Unusual prescribing patterns: Issues such as prescribing a high volume of controlled substances compared to other dentists or prescribing medications outside the scope of dental practice can attract DEA scrutiny. These practices may include prescribing opioids frequently for routine dental procedures or issuing prescriptions for conditions that are not typically treated by dentists.

• Inadequate record-keeping: Failing to maintain accurate and complete records of prescriptions and patient evaluations is another concern that may lead to a DEA investigation. Proper documentation is essential for compliance with DEA regulations. Inadequate record-keeping can include missing or incomplete patient records, failure to document the rationale for prescribing controlled substances, or inaccurate or falsified prescription logs.

• Drug diversion: Dentists may be accused of participating in the illegal distribution of prescribed medications. They may be implicated in drug diversion if controlled substances are stolen or misappropriated from the practice, prescriptions are written for non-existent patients or for friends and family without a legitimate medical need, or prescription pads are stolen or forged.

Options for Dentists Facing DEA Investigations

If a dentist is under investigation by the DEA, it is essential to act swiftly and strategically. Here are some steps to take:

• Seek legal counsel: Representation from an experienced attorney can be crucial during DEA investigations. An attorney can help a dentist understand their rights, navigate the investigation process, and develop a strong defense strategy to prevent the suspension or revocation of a controlled substance registration.

• Conduct an internal audit: Reviews of prescribing practices and records can help identify and rectify any issues. This may include reviewing patient files, prescription logs, and compliance with DEA regulations.

• Implement compliance programs: To ensure that they are complying with DEA regulations and avoiding potential concerns about drug diversion, dentists may take steps such as training staff members on proper prescribing practices and record-keeping, establishing protocols for conducting thorough patient evaluations, and implementing measures to secure controlled substances and prescription pads.

• Cooperate with the investigation: With the help of an attorney, a dentist can respond to queries from DEA investigators, address concerns about their practices, and resolve their case successfully.

Contact Our Illinois Dentist DEA Investigation Attorney

During a DEA investigation, an experienced attorney can provide invaluable legal help, ensuring that a dentist will be able to protect their ability to continue practicing. At The Law Offices of Joseph J. Bogdan, Inc., our Chicago dentist DEA defense lawyer can help dentists protect their controlled substance registrations and professional licenses. Contact our firm at 630-310-1267 to arrange a free consultation and take the first step toward safeguarding your practice.