When the DEA Calls, the Board Won’t Be Far Behind

While the laws that govern prescription authority for nursing professionals can vary a bit from state to state, one thing remains consistently true: nurses who prescribe drugs must often navigate a challenging intersection of clinical practice, state laws, and federal regulations.

When this delicate balance is disrupted, advanced nursing professionals—such as Certified Registered Nurse Anesthetists (CRNAs) and other types of Advanced Practice Registered Nurses (APRNs)— can suddenly find themselves as the focus of a DEA investigation. And while that might sound stressful enough on its own, it rarely ends there. State and federal regulators share information, and it’s likely that an investigation by the DEA will trigger an automatic notification to your Board.

Having an experienced Professional License Defense Team can help you face inquiries like this with confidence. The LLF National Law Firm has been working with nurses and other medical professionals across the country, and we’re ready to go to work for you. Call us today at 888-535-3686 to talk about your options. You can also use our convenient online form to discuss your case and schedule a consultation.

Do I Have to Report a DEA Inquiry to My Nursing Board?

States differ on this requirement, and it can often hinge on whether the investigation resulted in a “reportable action” (such as a criminal finding or a temporary surrender of your license). However, as mentioned above, it is likely that your Board will find out anyway. The DEA works closely with nursing boards to ensure controlled substances are properly regulated, and may have already contacted your Board to get more information. In addition, many employers have internal reporting procedures and may automatically notify your Board when an inquiry is made and/or an investigation is launched.

For a more specific answer, you’d need to verify the appropriate process with the different reporting entities in your state. But as a general rule, failure to report a DEA investigation can look like you’re trying to hide something… and that can make matters much worse.

Am I Still Subject to Disciplinary Action if No DEA Charges Were Filed?

While every case is unique, the general answer is yes—you could still face a Board-initiated disciplinary action, even if no criminal charges are filed.

This is because the two entities are focused on different objectives and operate under different jurisdictions. The DEA, for example, is a federal agency focused on “regulating the manufacture and distribution of controlled pharmaceuticals”. This jurisdiction gives them the authority to license health care professionals to prescribe medications as needed for legitimate medical purposes. If a CRNA or APRN is found to be misusing or abusing this privilege, the DEA can suspend or revoke your DEA registration, recommend your nursing license be revoked, and/or refer your case to the FBI for criminal prosecution.

Your nursing board, on the other hand, is a state agency focused on regulating the practice of nursing on a variety of levels. This includes protecting the public and making sure that all licensed nurses adhere to the highest standards of care when it comes to patient safety and professional behavior. The Board works with a much broader definition of “violation” than that of the DEA—in fact, many states include language in their statutes that allows for discipline based on “unprofessional behavior” as determined by the Board.

This vague language gives the Board more flexibility when it comes to deciding what is or isn’t an “actionable offense” and that’s why the Board can take formal disciplinary action even if the DEA dismissed your case.

A DEA investigation might find that a CRNA kept improper records, for example, but drops the case because the nurse didn’t violate any drug-related laws. The state’s Board could then step in and suspend the CRNA’s license for the same action.

There is no “double jeopardy” here because the Board’s authority does not fall within the criminal justice system, and this is an important distinction that many CRNAs and APRNs aren’t aware of:

If the Board believes your actions were unprofessional, irresponsible, dishonest, or just poor judgment, you could be facing disciplinary action regardless of what happened with the DEA’s case.

How CRNAs and APRNs Can Come Under Scrutiny

The DEA regularly audits both medical facilities (such as clinics and hospitals) as well as their personnel, and may simply stumble upon discrepancies or unusual patterns during those audits. But the most common way this agency receives actionable information is through tips from the public.

These reports can come from a variety of people, including:

• Patients and their families
• Pharmacists
• Nurses, doctors, and other healthcare professionals
• Employers
• Concerned friends and family members
• Law enforcement

Once an issue has been raised, DEA agents can investigate with the same authority that you’d expect for any law enforcement agent. They can review patient records, for instance, procedures within the facility, and a provider’s inventory records. They look for anything that stands out—such as large cash payments or a high number of patients who travel long distances for treatment. Other ‘red flags’ include:

• High prescribing volume of controlled substances
• Patterns flagged by pharmacy reports
• Working under a physician with a prior DEA issue
• Working in a pain management facility
• Patient complaining about “overprescribing” or easy “pill mill” access
• Missing or incomplete inventory records, false or forged patient records, and/or a lax approach to record-keeping

DEA agents can also interview patients, co-workers, family members, and anyone else who might have relevant information, including your employer and your nursing board. It’s no surprise that CRNAs and APRNs facing this type of investigation often find a Board inquiry isn’t far behind.

The LLF National Law Firm can help you navigate the disciplinary process and achieve the best possible outcome. Our Professional License Defense team has the knowledge and experience needed to present your case and advocate for your rights, meaning you don’t have to face this alone. Let us help you protect your license and safeguard your nursing career. Call us today at 888-535-3686 or use our online form to schedule a consultation.