Power of Attorney: What It Is, Why It Matters, and How Veterinarians Get It Wrong

A Power of Attorney (POA) is one of the simplest — yet most commonly  mishandled — documents in veterinary DEA compliance.

When used properly, a POA allows a veterinarian who is a DEA registrant to delegate certain administrative and operational responsibilities to trusted staff members. But when practices fail to understand how these authorizations work, the result can be DEA violations, compliance headaches, diversion risks, and significant fines.

Understanding what a POA does — and what it does not do — is critical for every veterinary practice handling controlled substances.

What Is a Power of Attorney?

A Power of Attorney is a legal document that authorizes another person to act on someone else’s behalf for specific activities.

For veterinary DEA registrants, POAs are most commonly used in two situations:

1. Authorizing an employee to obtain and execute DEA Forms 222 for purchasing or transferring Schedule I and II controlled substances.

2. Authorizing someone to handle DEA registration matters such as submitting applications, renewals, or making changes to an existing DEA registration.

Although both functions involve a “power of attorney,” the rules and practical implications are slightly different.

POAs for DEA Form 222 and Controlled Substance Ordering

Under Title 21 CFR §1305.05, a DEA registrant may grant a POA to an employee or another trusted individual to obtain and execute DEA Forms 222 and electronic orders for Schedule I and II controlled substances. Importantly, the authorized person does not need to be physically located at the registered address.

To be valid, the POA must be signed by (electronic signatures are permitted):

• The DEA registrant
• The individual receiving the authority
• Two witnesses

The completed POA must be maintained with the practice’s DEA-required records and be readily retrievable during any DEA inspection. The document is not sent to the local DEA office.

A POA may be revoked at any time by the individual who signed the most recent DEA registration or renewal application. The revocation should also be signed by two witnesses and retained with DEA records.

POAs for DEA Registration Applications and Changes

Under 21 CFR §1301.13(j), a DEA registrant may also authorize another person to sign DEA registration applications or change existing registrations on the registrant’s behalf.

In practical terms, this allows designated employees — such as practice managers, credentialing staff, compliance personnel, or corporate administrative teams — to:

• Submit DEA registration applications
• File registration renewals
• Update registration information (e.g., practice address, contact information)
• Request modifications to existing registrations

Unlike DEA Form 222 POAs, these authorizations are generally submitted to DEA Registration personnel so the agency can verify the representative’s authority to act on behalf of the registrant.

Many veterinary practices historically handled these tasks informally, especially within larger organizations or corporate groups. DEA scrutiny in this area has increased substantially in recent years.

The Biggest Power of Attorney Mistakes Veterinary Practices Make

1. Granting Authority to the Wrong Employee

 A veterinarian’s DEA registration carries enormous legal responsibility. Granting POA authority to an employee without proper vetting, training, or oversight creates significant risk. A staff member with access to controlled substance ordering authority can potentially divert drugs, conceal shortages, or create serious compliance problems that ultimately become the registrant’s responsibility.

DEA investigators also expect registrants to actively supervise delegated authority. Simply assigning a POA and “trusting the process” is not enough.

TITAN Tip: Separate responsibilities whenever possible. For example, one employee handles controlled substance ordering under the POA. A second employee receives, verifies, logs, and stores incoming drugs. This segregation of duties creates an internal check-and-balance system that can help detect errors, suspicious activity, or diversion earlier.

2. Failing to Have Valid, Readily Retrievable POAs

One of the most common DEA violations during inspections is the inability to produce valid POA documentation. Under 21 CFR §1305.05, POAs must be maintained with DEA-required records (e.g., disposal records, inventory documents) and available for inspection.

Practices frequently encounter problems because:

• The POA was never fully executed
• Witness signatures are missing
• The form was misplaced
• Electronic files cannot be accessed during the inspection
• Practice staff assume corporate headquarters maintains the records

DEA investigators typically expect immediate access to these records. Failure to produce them can result in documented violations and substantial fines.

3. Allowing Former Employees to Retain Active Authority

This issue is extremely common. An employee resigns, transfers, or is terminated — but nobody revokes the POA. That former employee may technically still retain authority to order Schedule II drugs or manage DEA registration activity until the authorization is formally revoked and documented.

Practices should incorporate POA review into every employee offboarding process. Whenever an employee leaves, immediately verify whether the individual had:

• DEA Form 222 authority
• DEA registration authority
• Access to controlled substance records or drug ordering systems

Then formally revoke all applicable authorizations.

4. Assuming a POA Eliminates the Registrant’s Responsibility

A POA delegates authority — it does not transfer liability. Some veterinarians mistakenly believe that if an employee mishandles ordering or paperwork, the employee alone is responsible. DEA registrants remain legally responsible for ALL controlled substance security, recordkeeping, ordering, and compliance activities conducted under their registration.

Even when trusted employees handle DEA-related responsibilities, registrants should periodically audit:

• Controlled substance orders
• Receiving logs
• Inventory records
• DEA registration changes

Routine oversight helps identify mistakes before they become DEA violations — or gateways to drug diversion.

A properly managed Power of Attorney can improve efficiency and help veterinary practices operate smoothly. But poorly managed POAs create some of the most preventable DEA compliance problems seen during inspections.

Veterinarians should treat POAs as active compliance documents — not paperwork to sign once and forget. Strong oversight, proper recordkeeping, regular audits, and timely revocation procedures can dramatically reduce risk while protecting both the practice and the DEA registrant.

If your practice needs help managing POAs, evaluating DEA compliance procedures, enhancing controlled substance security, or avoiding recordkeeping chaos and violations, contact TITAN GROUP today. Let our team of nationally-experienced former DEA investigators help you overcome your recordkeeping and security weaknesses before inspectors knock on your door.