Who Needs a DEA License?

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Jan Woods

Previous Practice Owner and Co-Founder and CEO of Ask Jan For Help, LLC

08/16/2024

Let’s face it, a visit from the DEA can send shivers down any veterinarian’s spine. Controlled substances are essential for veterinary medicine, however wielding these powerful medications comes with the responsibility of ensuring their safe and responsible use. Feeling a little lost in the maze of DEA regulations, especially when it comes to who in your practice should be registered? You’re not alone! These regulations can be confusing for many veterinary professionals! For example, when comparing state, pharmacy board, veterinary board, and federal regulations, do you know which takes precedent? Here’s your quick answer, whichever is most stringent! Keeping up with all of these regulations can feel like chasing your tail. This article cuts through the jargon and clarifies the registration regulations in a clear and concise way. By the end, you’ll have the knowledge and tools you need to ensure a smooth-running and compliant practice, keeping your furry friends safe and your clinic thriving.

Who Needs a DEA License? Let's Break it Down:

Every veterinarian dispensing or administering controlled substances needs a DEA license. Think of it as your official cape for wielding these powerful medications. According to the DEA Pharmacist’s Manual, a veterinarian is considered a “practitioner” under the Controlled Substances Act, authorized to dispense, administer, conduct research with, or use controlled substances in their professional practice (1).

But here’s the wrinkle in the cape: Many veterinary practices incorrectly operate under a single DEA registration for the main veterinarian. This allows other veterinarians in the practice, like associates or relief vets, to dispense and administer controlled substances while under the direct supervision of the registered veterinarian (2). While this might seem convenient, we’ll explore the limitations and potential drawbacks of this approach later in the article.

For now, let’s focus on the core requirement: Every veterinarian who will be personally dispensing or administering controlled substances needs their own individual DEA license. This applies regardless of whether they are the primary veterinarian or an associate veterinarian in the practice or a relief vet filling in for short periods.

Why Individual DEA Licenses Matter: Spreading the Responsibility

Having every veterinarian on your team hold their own DEA license isn’t just about following the rules. It also protects everyone involved:

Fairness for the Registered Vet: Why should one vet shoulder all the responsibility for everyone’s actions? Individual licenses distribute the responsibility fairly.

Supervision Shenanigans: Imagine needing to supervise someone dispensing controlled substances while you’re on vacation in Tahiti. Not exactly ideal, right? Individual licenses ensure proper supervision is always possible, following the DEA’s guidelines for direct, immediate, and indirect supervision as outlined by your state.

Recordkeeping Woes: The DEA loves a well-documented “closed system” for controlled substances. Individual licenses make it easier to maintain clear and accurate records, which are vital during audits. Remember, incomplete and inferior record keeping is one of the top violations cited by the DEA!

DEA License for Relief Vets

While you should always stay on top of your federal regulations, be sure to check your state’s requirements too! Some states may require a separate state DEA number in addition to the federal DEA license. Don’t get caught short – getting your licenses squared away before hitting the road is crucial.

Federal regulations typically require a separate DEA registration for each location where controlled substances are ordered and stored by the Primary Registrant (3). However, there’s a limited exception for relief vets within the same state and it’s called the Veterinary Medicine Mobility Act of 2014 that has recently been clarified by the DEA.

Prescribing only? You typically only need one DEA registration in your state. Check your state regs to ensure this is correct. Please remember if you do not have a DEA number, you cannot prescribe controlled substances.

Ordering and storing? You’ll need a separate DEA registration for each location where you order and store controlled substances.

If you do not administer, dispense or prescribe controlled substances, you do not need a DEA number.

Are you hitting the road and dispensing controlled substances in multiple states? Here’s the skinny: Chat with your local DEA Registration Office for the latest scoop. Generally, you have two options:

Separate State Registrations: Grab a DEA license for each state you plan to dispense, administer, or prescribe controlled substances.

Transfer Your Existing Registration: Need more flexibility? Consider transferring your existing DEA license between states as needed. Contact the DEA Registration Service Center (800-882-9539) or visit DEAdiversion.usdoj.gov for details.

If you’re a relief or concierge veterinarian performing home visits, the DEA prefers that your DEA registration be home address. Remember, you are responsible for following all applicable state and federal controlled substance regulations and being prepared for an audit at your home base.

While your DEA license allows you to dispense controlled substances at an “unregistered location” like a client’s home or farm. There’s an important rule to remember and it’s called the Black Bag Rule. The Black Bag Rule states that you cannot bring your own controlled substances into a clinic that already has its own DEA registration. Think of it as following the rules of the road – each clinic that orders, stores, manages, administers and dispenses their controlled substances is called a “registered location” by the DEA. So, if you’re filling in at ABC Clinic, use their supply – no need to bring your own in this case!

Keeping Your Clinic Compliant: What Relief Vets Need to Bring

As a practice owner (or medical director, or awesome practice manager!), you play a vital role in maintaining DEA compliance. To make life easier for everyone and ensure you’re following the rules, here’s a handy checklist for the paperwork you need to ensure your relief vets have brought you:

DVM License: Gotta make sure they’re a real veterinarian, right?

DEA License: Their official authorization to handle controlled substances!

State Controlled Substance Registration (when applicable): Double-check your state’s requirements.

Professional Liability Insurance (PLIT): Because accidents happen, even to the most skilled veterinarians!

By keeping copies of these documents on file, you’re streamlining the process and keeping your clinic safe from audit surprises.

Remember, Teamwork Makes the Dream Work!

Here are some additional tips for a harmonious and DEA-compliant practice:

Stay Licensed: A lapsed veterinary license means a revoked DEA license – no exceptions. Keep your licenses current, it’s the foundation of your controlled substance superhero status.

Embrace the Knowledge Quest: State and federal regulations can be tricky. Stay up-to-date by utilizing resources from your state’s veterinary board, veterinary medical association, pharmacy board and the DEA (remember DEAdiversion.usdoj.gov is a helpful resource!)

Standardization is Your Secret Weapon: Clear procedures minimize confusion. Develop a Controlled Substance Policy that contains Standard Operating Procedures (SOPs) for handling controlled substances and train your team to follow them religiously.

Regular Audits? No Sweat! By maintaining meticulous records, conducting self-audits, and fostering a culture of compliance, unannounced DEA inspections can become a breeze.

By following these steps, you can create a streamlined and compliant controlled substance management system in your practice. Remember, you’re not alone in this. There are plenty of resources available to help you navigate the DEA regulations. So, take a deep breath, and together we can ensure the responsible use of controlled substances in veterinary medicine!

Please note that the State and Federal governments create, change and update regulations frequently. As of August 2024, the information contained in this article is current. Remember to check with the various governmental agencies for regulatory changes that may affect your practice. You can contact Jan Woods for regulatory help and consultation through her email at jan@janforhelp.com. © Copyright March 26, 2024, Jan Woods.

References
1) Pharmacist’s manual: An informational outline of the Controlled Substances Act. US Department of Justice Drug Enforcement Administration Diversion Control Division. 2020. Accessed December 7, 2020. https://www.deadiversion.usdoj. gov/pubs/manuals/(DEA-DC- 046)(EO-DEA154)_Pharmacist_ Manual.pdf
2) US Department of Justice Drug Enforcement Administration Diversion Control Division. Exemption of agents and employees; affiliated practi- tioners. CFR §1301.22. March 24, 1997. Accessed December 7, 2020. https://www. deadiversion.usdoj.gov/21cfr/ cfr/1301/1301_22.htm
3) US Department of Justice Drug Enforcement Administration Diversion Control Division. Separate registrations for separate locations. CFR §1301.12. Amended December 30, 2016. Accessed December 7, 2020. https://www.deadiversion.usdoj. gov/21cfr/cfr/1301/1301_12.htm