Prescription Defense for New York Doctors and Prescribers
Defense for physicians, dentists, nurse practitioners, physician assistants, and other prescribers facing DEA, OPMC, OPD, BNE, I-STOP, US Attorney, or District Attorney investigations involving controlled substance prescribing. The firm also assists prescribers whose DEA number or prescription pad has been used fraudulently by others.
Call toll-free: (888) 275-2620. Available 24/7.
⚠ If a DEA Diversion Investigator, agent, or auditor has contacted you — do these things first.
1. Do not answer questions, give a statement, or sign anything until you speak with counsel. “Just a few questions” interviews can become the foundation of a criminal case.
2. Do not voluntarily surrender your DEA registration. Investigators often ask for “voluntary” surrender of the Form 224 registration. This almost always damages your position. Once surrendered, getting it back is difficult, and it can trigger downstream consequences with hospital privileges, malpractice coverage, and payer contracts.
3. Do not consent to a search of your office or records without a warrant. An administrative inspection warrant under 21 U.S.C. § 880 has a narrower scope than agents may suggest. Counsel can negotiate scope and timing.
4. Do not destroy, alter, or “clean up” any records. That is obstruction. Preserve everything as-is, including electronic records and PMP query logs.
5. Call counsel immediately and notify your malpractice and D&O carriers. Many policies cover regulatory defense. Notice triggers are time-sensitive.
Prescribing investigations are among the highest-stakes matters a healthcare professional can face. Adverse action against a DEA registration, a state license, or both can end a career. Criminal exposure under federal and state controlled substance statutes can include incarceration, asset forfeiture, and exclusion from federal healthcare programs. The firm represents prescribers in defense of investigations, audits, administrative hearings, and criminal proceedings, with attention to the cascading effects on hospital privileges, payer contracts, malpractice coverage, and professional standing.
Who Investigates Prescribers in New York
A single set of facts can attract attention from multiple agencies, often in parallel. Each follows different procedures and carries different consequences.
| Agency | Jurisdiction and Authority |
|---|---|
| DEA Diversion Control Division | Federal controlled substance registration and recordkeeping. Administrative action via Order to Show Cause (21 CFR Part 1316). Can suspend or revoke DEA Form 224 registration. |
| DEA Tactical Diversion Squad | Criminal investigation arm. Coordinates with US Attorney for federal prosecution under 21 U.S.C. § 841 and related statutes. |
| NYS Bureau of Narcotic Enforcement (BNE) | State-level enforcement of Public Health Law Article 33 (NY Controlled Substances Act) and operator of the Prescription Monitoring Program (PMP) and I-STOP system. |
| Office of Professional Medical Conduct (OPMC) | Professional discipline of MDs and DOs (Education Law § 6530, Public Health Law § 230). Penalties from censure to license revocation. |
| Office of Professional Discipline (OPD) | Professional discipline of dentists, nurse practitioners, physician assistants, podiatrists, psychologists, and other licensed prescribers under Education Law § 6509. |
| US Attorney’s Office (EDNY, SDNY, NDNY, WDNY) | Federal criminal prosecution. Federal grand jury subpoenas, target letters, and indictments. |
| District Attorney | State criminal prosecution under Penal Law § 220 (controlled substance offenses) and § 178 (criminal diversion of prescription medications). |
| OMIG and CMS |
