What to Do When Controlled Substances Go Missing

The federal reporting trigger

A DEA registrant must notify the DEA Field Division Office in writing of the theft or significant loss of any controlled substances within one business day of discovery. ¹

The registrant must also file a complete and accurate DEA Form 106 through DEA's Diversion Control Division secure network application. ¹

The same security rule restricts certain employees with controlled-substance access based on prior felony drug convictions or prior DEA-registration actions. ¹

Significant loss is a judgment call

DEA guidance says small losses may be reported if the registrant determines they are significant, and a pattern of seemingly insignificant losses should always be considered significant. ²

DEA Form 106 should not be used to explain minor inventory discrepancies or to balance the books. ²

Breakage and spillage that are not theft or significant loss are recorded under the controlled-substance record rules rather than converted into a Form 106 event. ³

What to pull before filing

Pull the relevant per-drug log, receiving invoice, dispensing/administering entries, wastage records, access list, and last inventory count. ^{3 4}

Do not assume the DEA report is the only required notice; check the state overlay for the practice location before the incident file is closed. ¹