One of the most memorable lines in the musical Hamilton that stuck with me was when Aaron Burr said to Alexander Hamilton, “Talk less, smile more.” Someone may also interpret that advice as to talk less while listening and that smiling is wise when done authentically. Knowing when to speak and when to listen is critical in veterinary medicine.
Oversharing can put hospital leaders at risk when regulatory authorities, including the U.S. Drug Enforcement Administration, show up. Anxiety is a natural response when an unannounced inspection occurs, but keeping cool and knowing how to “talk less and smile more” are the keys to interacting with the DEA. Burr’s lesson is useful in this day and age.
Your team (not just the DEA registrant) must be prepared if an inspector stops by. The outcome might be determined by how you act, when you smile, what you say and, most importantly, what you don’t say.
Avoid uttering the following 10 lines and anything similar.
1. “I Refuse to Sign Form 82.”
When DEA agents walk in unexpectedly, the last thing you might want to do is permit an inspection. However, the Controlled Substances Act gives the DEA the authority to randomly check registrants at any time to investigate how controlled substances are received, managed, distributed and stored. Unless legal counsel instructs you to forbid an inspection, allow the DEA to do its job. If you refuse to sign a notice of inspection (Form 82), you delay the inevitable because the DEA will return with an administrative warrant and some irritated, suspicious agents.
2. “What Is a Biennial Inventory?”
After you sign DEA Form 82, one of the first documents an agent will request is your most recent biennial inventory. It’s one of the most crucial documents in your controlled substance records. The DEA requires your practice to complete a biennial inventory at least every two years. If, after reading this article, you realize you missed the deadline, inventory the drugs now because you’ll be off to a bad start if the DEA shows up tomorrow and you don’t do it. The next worst thing is not knowing what a biennial inventory is.
3. “We Don’t Do It That Way” or “We Did It This Way at My Previous Practice.”
Don’t tell the DEA how to do things or about someone else’s procedures. Remember that the government makes the rules — you don’t. The wrong response could also lead the DEA to investigate the practice you mentioned. From the agency’s standpoint, an inspection isn’t “your way or the highway.” Unless you want to watch the fines escalate, it’s the DEA’s way.
4. “What Will It Cost to Make This Problem Go Away?”
Bribing public officials is a criminal act. If you think of offering something of monetary value to make the DEA go away, think again. Save the money, or you’ll need it to pay an attorney when you face federal charges and to cover fines for noncompliance.
5. “The Registrant Is Never Here,” “I Don’t Know Who You’re Talking About,” or “I Never Met Them.”
Many veterinary hospitals operate under a DEA practitioner registration for an individual who isn’t consistently on-site. Allowing a facility to use your registration when you’re never there is another article. Nonetheless, if the DEA shows up, don’t volunteer that the registrant is never present. If turnover is high and team members can’t identify the registrant, make sure they know who to ask for help. Discussions about the premise permit holder are important in multiunit practices and should be part of employee onboarding.
6. “I’m Too Busy” or “I Didn’t Have Time.”
If the DEA asks for something you don’t possess, the worst response is that you were too busy or didn’t have time for it. The DEA doesn’t like excuses. The agency expects you to make time to understand and adhere to all requirements. Otherwise, you essentially are saying that everything else was more important than controlled substance compliance. You wouldn’t tell the IRS, “I didn’t have time to file my taxes.”
7. “I Didn’t Know” Or “No One Explained It in Vet School.”
The privilege of having a DEA registration comes with the expectation that you understand the rules and requirements. Claiming ignorance is the same as saying you didn’t choose to educate yourself about the responsibilities of being a DEA registrant. “I didn’t know” opens you to further scrutiny. If you don’t know the basics, you definitely don’t understand the more complex issues. Your responsibility as a registrant is to learn about and apply controlled substance rules. “I didn’t know” is a frank admission of guilt.
8. “You’re Wrong.”
Do not argue with the DEA, even if you think you know better. You’re not on a high school debate team. A colleague might have told you that a drug diversion investigator said something different, which could be true because regulations are sometimes vague and open to interpretation. However, don’t make the mistake of telling the DEA the correct way to decipher rules and regulations. Leave those battles for your attorney. The agents might be “wrong,” but they’re still “right,” so don’t be confrontational. You’ll get a chance to contest any complaints filed against you.
9. “Did You Watch the Game Last Night?”
Don’t make small talk with the DEA. Being kind and accommodating to others comes naturally, especially when you deal with authority figures, but don’t engage diversion investigators in friendly conversation when they are on-site. DEA agents train at the FBI Academy, and one of the lessons taught there is the art of building rapport. In other words, they learn to elicit information they could use against you. Therefore, don’t offer coffee, ask about their kids or volunteer information that might keep them in your practice longer than they need to be. The veterinary community might function like a family, but it’s all business with the DEA.
10. “Can I Get a Second Opinion?”
DEA agents won’t laugh at that question, nor do you when a pet owner says it. Asking for a second opinion essentially says you don’t trust or believe a government agent’s interpretation of the Code of Federal Regulations. That’s not the message you want to send when the fine for an infraction starts at $15,981.
KEY POINTS
- Do not volunteer information.
- Do not make excuses.
- Don’t argue or debate.
- Don’t make small talk.
- Have all required records readily retrievable and available for review.