Does the DEA Treat Ketamine Differently from Opioids?

All Ketamine Clinics and Prescribers are at Risk for DEA Investigations

• Ketamine is a Schedule III controlled substance, while most opioids are Schedule II drugs. However, the DEA has stated that it is treating ketamine like opioids, comparing its use to “the early days of the opioid epidemic.”
• At Spodek Law Group, we are representing ketamine clinics and providers in DEA investigations and enforcement proceedings across the country.
• All ketamine clinics and providers are at risk for DEA investigation. While the DEA is currently focusing on certain red flags, it is targeting clinics and providers that do not raise these red flags as well.

The U.S. Drug Enforcement Administration (DEA) is cracking down on ketamine clinics and providers across the country. It is targeting clinics and providers that prescribe and dispense ketamine in a variety of settings, with several of the DEA’s efforts resulting in large-scale enforcement actions.

3 Red Flags for DEA Ketamine Investigations

1. Prescribing Ketamine for “Off-Label” Use

The DEA has stated that it is focusing on ketamine clinics and providers that prescribe ketamine for “off-label” use. While ketamine is only approved for use as general anesthesia during diagnostic and surgical procedures, it is widely prescribed for off-label uses including the treatment of depression and other mood disorders.

2. Billing Medicare for Ketamine in Non-Approved Settings

The DEA is also focusing on ketamine clinics and providers that bill Medicare for ketamine in non-approved settings. While Medicare will generally cover ketamine administered in hospitals and surgical centers, it generally will not cover ketamine administered in ketamine clinics.

3. Billing Private Insurance for Ketamine in Non-Approved Settings

The DEA is also focusing on ketamine clinics and providers that bill private insurance for ketamine in non-approved settings.

Ketamine Clinics and Providers Need to Take Proactive Steps

• Ensuring that all ketamine prescriptions are medically necessary and supported by documentation
• Ensuring that all ketamine prescriptions are written for FDA-approved uses or are supported by appropriate documentation for off-label use

Spodek Law Group Defends Ketamine Clinics and Providers Against DEA Enforcement

At Spodek Law Group, we have extensive experience representing health care providers in DEA investigations and enforcement proceedings. If you are facing scrutiny from the DEA, we can help you protect your business and your medical license. Call 908-643-7005.