When DEA Diversion Investigators Conduct An Inspection, Doctors, Hospitals, And Pharmacies Should Do These 5 Things | Steve Meister, JD | RxEconsult

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5 Things Doctors, Hospitals, And Pharmacies Should Do When DEA Diversion Investigators Conduct An Inspection Category: Pain Management by - March 29, 2016 | Views: 46930 | Likes: 0 | Comment: 0  

First, have your records, protocols and procedures in order all the time, so you know you are following the law’s requirements before law enforcement ever shows up.  

Second, in the event of a pop inspection, cooperate from the get-go. Do not (as some clients of mine have erroneously done) tell the agents you are too busy to deal with them and that they should return another time. Instead, clarify what they need, what they are looking for, and ask how you can help. Make records available to them in some space in your office – the break-room, for example, or another place where they can take their time to review the documents.  

Third, ask if the agents have an administrative inspection warrant, which under most circumstances they are required to have. However, do not refuse them admission if they lack a warrant; you do not want to get in trouble for interfering with the execution of their duties when you may be wrong and they may be right.   

Fourth, do not order your staff to avoid talking with agents; that could land you in trouble for suspicion of obstructing justice.   

Fifth, whenever the DEA shows up and for whatever reason, contact either your attorney or your medical liability insurance carrier to alert them to what is happening and to get some legal help on the spot. Even if the agents don’t reveal it, you could be the subject of a criminal investigation, and under no circumstances do you want to start acting on your own, without legal counsel and utter what may turn out to be incriminating statements.

Part 2:  When The Special Agents Show Up With An Arrest Or Search Warrant 

About The Author

The Meister Law Offices provides criminal law compliance legal services for healthcare providers who write prescriptions for Schedule II painkillers and pain medication. 


Image courtesy of Simon Howden at FreeDigitalPhotos.net


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