September 01, 2003


 DEA proposes changes to reporting controlled substance loss

Posted Aug. 15, 2003

The Drug Enforcement Administration is proposing to amend regulations to clarify its policy regarding registrant reporting of theft and significant loss of controlled substances. The DEA is considering making changes because some people have been confused as to what constitutes a significant loss, and when and how they should provide initial notice to the agency. The proposed changes will provide guidance on reporting unexplained and explained loss.

The agency requires DEA registrants, upon discovery of any controlled substance theft or significant loss, to notify the field office in their area. Every DEA registrant—eg, practitioner, pharmacy, hospital, clinic, manufacturer, distributor—must comply with this requirement.

Among other things, the proposed new rule will include factors that a registrant should consider when trying to determine whether a loss qualifies as significant. The rule will also provide guidance as to what is required when controlled substance containers break or their contents are spilled. The agency will emphasize that loss should be reported immediately and that DEA Form 106 should not be used to explain minor inventory discrepancies.

The proposed rule is published in the July 8, 2003 Federal Register, Individuals can send written comments to the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, Washington D.C. 20537, Attention: DEA Federal Register Representative/CCR. Comments must be postmarked by Sept. 8, 2003.

For further information, contact Chief Patricia M. Good at Liaison and Policy Section, Office of Diversion Control, Drug Enforcement Administration, Washington DC, 20537; or phone (202) 307-7297.