Controlled Substances & Diversion
Controlled Substances & Diversion
Our national Controlled Substances & Diversion practice partners with Drug Enforcement Administration (DEA) registrants to proactively manage controlled substance compliance, prevent diversion, and successfully navigate government investigations and enforcement actions. Our cross-disciplinary team has extensive experience conducting internal, civil, and criminal investigations and defending clients facing allegations under the Controlled Substances Act (CSA), Food, Drug and Cosmetic Act (FD&C Act), and other federal and state drug laws. Critical areas in which we advise include:
- Proactive compliance counseling to prevent diversion, strengthen compliance programs, and prepare for inspections by regulators.
- Rapid crisis response to diversion incidents, unannounced federal or state inspections, and other urgent events.
- Risk assessments and guidance on potential risk and reporting obligations, with proportional short- and long-term strategies.
- Comprehensive but efficient internal investigations to minimize operational disruption while maintaining clear and timely communication.
- Coordination of parallel investigations or enforcement actions involving multiple federal and state regulators, including management of requests for internal documents, medical records and other personal health information.
- Due diligence and indemnification advice to assess potential controlled substances risk in mergers, acquisitions, reorganizations and financing transactions.
Our Unique Experience
We have assisted clients—including national and regional health systems; national specialty, mail-order and retail pharmacies; behavioral health centers; ambulance services; research facilities; and physician groups—with diversion investigations, timely regulatory disclosures, remediation, and long-term compliance enhancements. We routinely represent clients in investigations, enforcement actions and negotiations with federal and state agencies including Department of Justice (DOJ), DEA, Food Drug Administration (FDA), Department of Health and Human Services Office of Inspector General (HHS-OIG), state boards of pharmacy, and health departments.
- Unparalleled experience: We are trusted counsel for healthcare providers facing urgent crises involving DOJ and DEA enforcement actions, DEA and FDA unannounced inspections, and diversion incidents. We have guided numerous national and regional health systems, pharmacies and physician groups through complex criminal, civil and administrative matters with DOJ, DEA, FDA, state regulators and other agencies.
- Government insight: Many of our attorneys previously held leadership roles in DOJ, HHS-OIG and other government agencies, providing valuable insight into government strategies and enhancing our credibility with regulators.
- Proactive approach: We partner with clients to develop tailored compliance programs that detect and prevent drug diversion. We help our clients navigate complex federal and state regulations to remain compliant with the CSA, DEA and FDA regulations, state prescription drug monitoring programs (PDMPs) and other laws. We assist with policy development, risk assessment, prevention training, monitoring programs and other tools to mitigate risk
- Effective solutions: Our deep experience conducting confidential investigations in complex healthcare settings allows us to deliver reliable, cost-effective results while minimizing operational disruption.
- Strategic advice: Our attorneys regularly brief senior leadership and boards of directors on compliance and enterprise risks both proactively and in response to DOJ, DEA or other enforcement demands.
- Unmatched insight: As regulatory counsel to more than 200 healthcare companies, we bring unmatched insight into the regulatory and reimbursement landscape. We serve as operational and transactional counsel to a majority of the nation’s largest healthcare systems and specialty pharmacies.
- Due diligence: We also assist providers in healthcare transactions by conducting controlled substance due diligence and advising on indemnification strategies.
With deep experience, a successful track record, and best-in-class compliance counseling, our Controlled Substances & Diversion team partners with healthcare providers to manage evolving CSA compliance obligations and diversion risks.
Our national Controlled Substances & Diversion practice partners with Drug Enforcement Administration (DEA) registrants to proactively manage controlled substance compliance, prevent diversion, and successfully navigate government investigations and enforcement actions. Our cross-disciplinary team has extensive experience conducting internal, civil, and criminal investigations and defending clients facing allegations under the Controlled Substances Act (CSA), Food, Drug and Cosmetic Act (FD&C Act), and other federal and state drug laws. Critical areas in which we advise include:
- Proactive compliance counseling to prevent diversion, strengthen compliance programs, and prepare for inspections by regulators.
- Rapid crisis response to diversion incidents, unannounced federal or state inspections, and other urgent events.
- Risk assessments and guidance on potential risk and reporting obligations, with proportional short- and long-term strategies.
- Comprehensive but efficient internal investigations to minimize operational disruption while maintaining clear and timely communication.
- Coordination of parallel investigations or enforcement actions involving multiple federal and state regulators, including management of requests for internal documents, medical records and other personal health information.
- Due diligence and indemnification advice to assess potential controlled substances risk in mergers, acquisitions, reorganizations and financing transactions.
Our Unique Experience
We have assisted clients—including national and regional health systems; national specialty, mail-order and retail pharmacies; behavioral health centers; ambulance services; research facilities; and physician groups—with diversion investigations, timely regulatory disclosures, remediation, and long-term compliance enhancements. We routinely represent clients in investigations, enforcement actions and negotiations with federal and state agencies including Department of Justice (DOJ), DEA, Food Drug Administration (FDA), Department of Health and Human Services Office of Inspector General (HHS-OIG), state boards of pharmacy, and health departments.
- Unparalleled experience: We are trusted counsel for healthcare providers facing urgent crises involving DOJ and DEA enforcement actions, DEA and FDA unannounced inspections, and diversion incidents. We have guided numerous national and regional health systems, pharmacies and physician groups through complex criminal, civil and administrative matters with DOJ, DEA, FDA, state regulators and other agencies.
- Government insight: Many of our attorneys previously held leadership roles in DOJ, HHS-OIG and other government agencies, providing valuable insight into government strategies and enhancing our credibility with regulators.
- Proactive approach: We partner with clients to develop tailored compliance programs that detect and prevent drug diversion. We help our clients navigate complex federal and state regulations to remain compliant with the CSA, DEA and FDA regulations, state prescription drug monitoring programs (PDMPs) and other laws. We assist with policy development, risk assessment, prevention training, monitoring programs and other tools to mitigate risk
- Effective solutions: Our deep experience conducting confidential investigations in complex healthcare settings allows us to deliver reliable, cost-effective results while minimizing operational disruption.
- Strategic advice: Our attorneys regularly brief senior leadership and boards of directors on compliance and enterprise risks both proactively and in response to DOJ, DEA or other enforcement demands.
- Unmatched insight: As regulatory counsel to more than 200 healthcare companies, we bring unmatched insight into the regulatory and reimbursement landscape. We serve as operational and transactional counsel to a majority of the nation’s largest healthcare systems and specialty pharmacies.
- Due diligence: We also assist providers in healthcare transactions by conducting controlled substance due diligence and advising on indemnification strategies.
With deep experience, a successful track record, and best-in-class compliance counseling, our Controlled Substances & Diversion team partners with healthcare providers to manage evolving CSA compliance obligations and diversion risks.
Experience
-
We represent a national network of radiology practices in reviewing and enhancing controlled substances compliance procedures. We work directly with...
-
We represent a physician affiliated with a hospice provider in connection with a state Board of Licensing inquiry arising from...
-
We represented a multi-state behavioral health and addiction treatment company in evaluating and responding to a state medical board investigation...
-
We represented a rural hospital in connection with a controlled substances diversion matter involving a former nurse who diverted more...
-
We represent a Southeastern health system in connection with an FDA investigation arising from allegations of potential controlled substances diversion...
-
We represent a national pharmacy company in an enforcement proceeding brought by the U.S. Department of Justice alleging violations of...
-
We represented a national healthcare system in responding to controlled substances diversion events at hospitals across the country. We assisted...
-
We represented a healthcare system in preparing medical facilities across the country for potential unannounced DEA inspections. Working with former...
-
We represented a national long-term care pharmacy company in connection with a state Board of Pharmacy investigation arising from the...
-
We represented a Texas hospital and its national healthcare system in connection with an investigation of potential controlled substances diversion...
Experience
-
We represent a national network of radiology practices in reviewing and enhancing controlled substances compliance procedures. We work directly with...
-
We represent a physician affiliated with a hospice provider in connection with a state Board of Licensing inquiry arising from...
-
We represented a multi-state behavioral health and addiction treatment company in evaluating and responding to a state medical board investigation...
-
We represented a rural hospital in connection with a controlled substances diversion matter involving a former nurse who diverted more...
-
We represent a Southeastern health system in connection with an FDA investigation arising from allegations of potential controlled substances diversion...
-
We represent a national pharmacy company in an enforcement proceeding brought by the U.S. Department of Justice alleging violations of...
-
We represented a national healthcare system in responding to controlled substances diversion events at hospitals across the country. We assisted...
-
We represented a healthcare system in preparing medical facilities across the country for potential unannounced DEA inspections. Working with former...
-
We represented a national long-term care pharmacy company in connection with a state Board of Pharmacy investigation arising from the...
-
We represented a Texas hospital and its national healthcare system in connection with an investigation of potential controlled substances diversion...
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Professionals
| Name | Phone | |
|---|---|---|
|
Nathan F. Brown Counsel |
(615) 742-7715 | nathan.brown@bassberry.com |
|
Garrah Carter-Mason Associate |
(615) 742-7781 | garrah.cartermason@bassberry.com |
|
J. Taylor Chenery Member |
(615) 742-7924 | tchenery@bassberry.com |
|
Hannah Choate Member |
(615) 742-6221 | hannah.choate@bassberry.com |
|
Jeffrey I. Davis Member |
(202) 827-7082 | jeff.davis@bassberry.com |
|
John C. Eason Member |
(615) 742-7830 | jeason@bassberry.com |
|
Mary Beth Fortugno Member |
(615) 742-7739 | mfortugno@bassberry.com |
|
Lauren M. Gaffney Member |
(615) 742-7824 | lgaffney@bassberry.com |
|
Maleaka N. Guice Associate |
(615) 742-7899 | maleaka.guice@bassberry.com |
|
Michael R. Hess Member |
(901) 543-5713 | mhess@bassberry.com |
|
Brian Irving Member |
(615) 742-7769 | birving@bassberry.com |
|
Dante G. Lizza Associate |
(901) 543-5709 | dante.lizza@bassberry.com |
|
Ellen Pasquale Associate |
(202) 827-2970 | Ellen.Pasquale@bassberry.com |
|
Heather M. Pearson Associate |
(202) 827-7093 | Heather.pearson@bassberry.com |
|
Lisa S. Rivera Member |
(615) 742-7707 | lrivera@bassberry.com |
|
Laurence B. Russell Counsel |
(202) 827-7085 | larry.russell@bassberry.com |
|
Ben Schrader Member |
(615) 742-7995 | ben.schrader@bassberry.com |
|
Shannon Wiley Member |
(901) 543-5987 | swiley@bassberry.com |
Publications
-
February 17, 2026 | Firm Publication
-
March 6, 2025 | Firm Publication
-
December 20, 2024 | Firm Publication
Past Events
-
May 13, 2026 | WebinarBass, Berry & Sims
-
April 13-15, 2026 | Cincinnati, OhioNADDI
-
February 24, 2026 | WebinarBass, Berry & Sims
Media Mentions & Firm News
-
July 29, 2026 | National Bar Association, Women Lawyers Division
-
Garrah Carter-Mason Named Recipient of TBA’s 2026 Harris Gilbert Pro Bono Attorney of the Year AwardJune 3, 2026 | Tennessee Bar Association
-
June 1, 2026 | American Health Law Association | Modern Healthcare
Publications
-
February 17, 2026 | Firm Publication
-
March 6, 2025 | Firm Publication
-
December 20, 2024 | Firm Publication
Past Events
-
May 13, 2026 | WebinarBass, Berry & Sims
-
April 13-15, 2026 | Cincinnati, OhioNADDI
-
February 24, 2026 | WebinarBass, Berry & Sims
Media Mentions & Firm News
-
July 29, 2026 | National Bar Association, Women Lawyers Division
-
Garrah Carter-Mason Named Recipient of TBA’s 2026 Harris Gilbert Pro Bono Attorney of the Year AwardJune 3, 2026 | Tennessee Bar Association
-
June 1, 2026 | American Health Law Association | Modern Healthcare
Contact
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
