Reporting Obligations for Illegal Use of Your DEA Number
Physicians may encounter situations where a patient, employee or another physician illegally uses their DEA number to secure prescription medication either over the phone or by stealing a blank prescription form. The unlawful use of a physicians DEA number has SEVERE consequences to those who commit the theft, but it also may have SEVERE consequences for the doctor. Like the old saying goes, an “ounce of prevention is worth a pound of security.”
The California Health and Safety Code specifically address these issues in Health and Safety Code Section 11368. It states that anyone who forges or alters a prescription or who obtains any narcotic drug by a forged, fictitious, or altered prescription may be punished by imprisonment in the county jail or state prison for not less than six months or more than one year. Since prescription forgery is considered a criminal offense, it is recommended that a report be made to the local law enforcement.
In addition, Federal law requires physicians to report all theft or loss of controlled substances and official Federal Order Forms (Form 222) to a regional office of the Drug Enforcement Administration. The DEA has offices located in Los Angeles, San Diego and San Francisco. Go to http://www.deadiversion.usdoj.gov/online_forms.htm to download all the necessary forms so you will not find yourself in a criminal court or worse, Federal court.
Keep in mind, neither the Medical Board nor state law requires physicians to report stolen or illegal use of a physicians DEA number however, it is suggested that all doctors who encounter this issue should send the Board a letter to have on file just in case. This letter should be a brief description of how the DEA number was compromised and what precautions the physician is taking to prevent further losses or thefts.
If you are questioned by the California Medical Board or the DEA regarding the unlawful use of your DEA number, it is important to hire an experienced professional license defense attorney to protect you from the potential loss of your license or criminal prosecution. Our Southern California criminal defense firm located in Orange County, California has been defending physicians all over California.
