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William B. Esq.
William B. Esq., Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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I am a medical doctor licensed in California, but not currently

Resolved Question:

I am a medical doctor licensed in California, but not currently practicing, and I recently applied online to transfer my DEA certificate from Florida to California, giving my home address since it is the only address I have, and I got this email response:

Dear Registrant- a new application submitted online for a DEA certificate was received and is pending since October 7, 2013 at the local DEA field office. The registered business address you provided is a home address. Federal regulations (21 CFR 1301.12) require that your registered address be: “principal place of business or professional practice at one general physical location where controlled substances are manufactured, distributed, imported, exported, or dispensed by a person. " Please provide a complete street business address. Mailing address can be your home address/P.O. Box address.



This is also the address that DEA would come for unannounced inspections of the registered premises and controlled substances records as well as the address we provide to both federal and state regulatory and law enforcement agencies and that is published on the web.



Please reply by email with a response regarding your business address within 10 days from the date this email was sent, failure to respond will result in your DEA registration being withdrawn in accordance with the below Federal Regulation.



Code of Federal Regulations


--------------------------------------------------------------------------------


Section 1301.16 Amendments to and withdrawal of applications

After an application has been accepted for filing, the request by the applicant that it be returned or the failure of the applicant to respond to official correspondence regarding the application, ……. shall be deemed to be a withdrawal of the application.

(Highlighted for emphasis)



Thank you

_______________________________

Rocio Graciano | Registration Program Specialist
DEA | Roybal Federal Building , 17th Floor | 255 E. Temple St. | Los Angeles, California 90012

F: XXX-XXX-XXXX www.deadiversion.usdoj.gov

Since I have no business address yet, can I use my home address until I start to practice again?
Submitted: 11 months ago.
Category: Legal
Expert:  William B. Esq. replied 11 months ago.
Dear Customer, thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.

I have reviewed your post, and the federal regulations that were cited within it (as well as the policy notes from the DEA). My understanding is that you can license your home as an office, where you can prescribe controlled medications or administer the same (regardless as to whether or not you intend to do so). When you do begin practicing again, you will need to file another application to move the license address to your new practice/employer/hospital, etc.

The regulation cited by the email regarding use of your home address does not appear to say what the email says it does. The regulation requires that if a practitioner or other licensed individual is using several locations, then each location must be licensed. The full text of the regulation is set forth here: http://www.deadiversion.usdoj.gov/21cfr/cfr/1301/1301_12.htm

You do have an obligation to respond to the DEA, you must notify them whether you intend to keep your home address as your business address (absent an employer, it is should most likely be the same one as used for the California Medical Board, the DEA does reference the Medical Board), if you have found an employer or other practitioner that will allow you to share space, or if you have decided to withdraw your application.

I hope the above is helpful, if you have any questions please do not hesitate to let me know and I will follow up quickly.

Thank you for using our service, please do not forget to rate my answer when you are satisfied. I do wish you the best of luck in this matter.
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 3063
Experience: Civil litigation attorney for individuals and businesses.
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