At the 2018 Texas Veterinary Medical Association's annual conference, representatives from the DEA made several clear statements regarding the need for a veterinarian to register with the federal Drug Enforcement Agency (DEA). The Texas Board of Veterinary Medical Examiners states that it will enforce Board rules to be consistent with the DEA's guidance.
The Board Rule
The Board rule requires certain licensed veterinarians to register with the DEA. Under the Texas Administrative Code:
(a) A licensed veterinarian may not prescribe, administer, dispense, deliver, or order delivered, any controlled substance unless the licensed veterinarian is currently registered with the federal Drug Enforcement Administration (DEA) ... to dispense controlled substances if such registration is required by other state or federal law. 22 Tex. Admin. Code §573.43(a).
To prescribe, dispense, or administer a controlled substance during the practice of veterinary medicine, the licensed veterinarian must register with the DEA. Once caveat to this Rule concerns group veterinary practices.
Group Veterinary Practices & DEA Registration
The DEA Practitioner's Manual was prepared to assist medical practitioners in their understanding of the regulations of the Federal Controlled Substances Act as it pertains to the practitioner's profession. In Appendix B, the Manual addresses the question: Do all practitioners in a group practice need to be registered?
"Answer: An individual practitioner who is an agent or employee of another practitioner (other than a mid-level practitioner) registered to dispense controlled substances may, when acting in the normal course of business or employment, administer or dispense (other than by issuance of prescription) controlled substances if and to the extent that such individual practitioner is authorized or permitted to do so by the jurisdiction in which he or she practices, under the registration of the employer or principal practitioner in lieu of being registered him/herself."
Compliance with The Board
The Texas Board of Veterinary Medical Examiners stated its staff will seek compliance of its licensees in the following manner:
- A DEA registration is required to order controlled substances for a practice and to write prescriptions.
- A DEA registration is not required to dispense or administer controlled substances in the normal course of business if the veterinarian is an employee or authorized agent of the registrant who ordered the controlled substances. A registrant may authorize a relief veterinarian to act as an authorized agent.
Hire an Experienced Veterinary License Defense Attorney
If you have been notified of an alleged DEA registration violation by the Texas Board of Veterinary Medical Examiners, BERTOLINO LLP can help. We are experienced veterinary license defense attorneys and we know how to navigate the Board's complaint process. We are prepared to represent you at any legal hearing or proceeding regarding your professional license. Our results speak for themselves.