It is not just the DEA registrant who is subject to strict regulations. The provisions also extend to staff members who will have access to the controlled substances. Those convicted for felony are barred forever.
Everyone is well aware that the manufacture, distribution, administering and dispensing of controlled substances is subject to a bevy of federal, state and local regulations. The DEA controlled substance regulations itself are very exacting and the federal agency keeps strict tabs on all those entities who deal with such substances.
The rules encompass even the hiring of staff who will administer, dispense or otherwise come in contact with the controlled substances. Indeed, healthcare providers and other entities are bound to carefully screen new employees and other staff members. However, they also have to run a criminal background check for those positions that will have access to controlled substances. Along with this, they should review the OIG (Office of the Inspector General) and GSA (General Services Administration) exclusion lists too.
The rules encompass even the hiring of staff who will administer, dispense or otherwise come in contact with the controlled substances. Indeed, healthcare providers and other entities are bound to carefully screen new employees and other staff members. However, they also have to run a criminal background check for those positions that will have access to controlled substances. Along with this, they should review the OIG (Office of the Inspector General) and GSA (General Services Administration) exclusion lists too.
The Drug Enforcement Agency (DEA) strictly prohibits registrants from employing personnel who have ever been convicted of a felony related to controlled substances. This rule applies to those who will have access to controlled substances in any manner and does not extend to other regular employees.
The situation gets tricky as there will always be potential candidates who were convicted and pleaded ‘no contest’, but their sentence was subsequently either reduced to a misdemeanor or even dismissed upon completion of the terms of the probation. The criminal record will reflect the change in the charges and the person is usually considered safe for employment.
However, the DEA frowns on such circumstantial incidents as it upholds that the ‘no contest plea is an admission of offense. Such offenders are barred from employment that will have access to controlled substances unless the employer obtains an express waiver from the Administrator of the DEA. Getting this waiver is another tall order as they are not easy to come by!
At times it can become difficult for a DEA registrant to determine whether a charge on a potential employee’s criminal record will be considered a felony by the DEA or not.
This is just a minor blip in the vast panorama of controlled substances regulations. Many other rules are applicable for hiring employees who will have access to controlled substances. And any unintentional misstep can also invite the wrath of the authorities, leading to heavy repercussions.
While the DEA is being pushed to revise the laws to provide more clarity on such issues, the DEA-licensed healthcare providers have to exercise due caution on their part.
Here it is provident to engage the services of compliance professionals, like the Titan Group. They are intimately familiar with all the DEA regulations, including veterinary DEA regulations and will serve as a guiding force to the facility’s operations, hiring protocols and other such procedures, thus avoiding chances of running foul with the law.
The situation gets tricky as there will always be potential candidates who were convicted and pleaded ‘no contest’, but their sentence was subsequently either reduced to a misdemeanor or even dismissed upon completion of the terms of the probation. The criminal record will reflect the change in the charges and the person is usually considered safe for employment.
However, the DEA frowns on such circumstantial incidents as it upholds that the ‘no contest plea is an admission of offense. Such offenders are barred from employment that will have access to controlled substances unless the employer obtains an express waiver from the Administrator of the DEA. Getting this waiver is another tall order as they are not easy to come by!
Navigating the grey waters
At times it can become difficult for a DEA registrant to determine whether a charge on a potential employee’s criminal record will be considered a felony by the DEA or not.
This is just a minor blip in the vast panorama of controlled substances regulations. Many other rules are applicable for hiring employees who will have access to controlled substances. And any unintentional misstep can also invite the wrath of the authorities, leading to heavy repercussions.
While the DEA is being pushed to revise the laws to provide more clarity on such issues, the DEA-licensed healthcare providers have to exercise due caution on their part.
Here it is provident to engage the services of compliance professionals, like the Titan Group. They are intimately familiar with all the DEA regulations, including veterinary DEA regulations and will serve as a guiding force to the facility’s operations, hiring protocols and other such procedures, thus avoiding chances of running foul with the law.
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