Reporting theft or loss of controlled substances is a critical aspect of compliance with the Controlled Substances Act (CSA). The Drug Enforcement Administration (DEA) requires registrants to report any theft or loss of controlled substances using DEA Form 106, also known as the "Report of Theft or Loss of Controlled Substances" form. However, prior to 2019, the DEA used a different form, DEA Form 251, for reporting theft or loss. Although DEA Form 106 has replaced DEA Form 251, understanding the old form's requirements and procedures is still essential for registrants who may need to refer to historical records or comply with specific state regulations.
Why Reporting Theft or Loss is Crucial
Reporting theft or loss of controlled substances is vital for several reasons:
- It helps prevent diversion of controlled substances, which can lead to misuse, abuse, and addiction.
- It enables the DEA to monitor and track the movement of controlled substances, making it easier to identify potential security threats.
- It ensures compliance with federal regulations, which can help prevent fines, penalties, and even revocation of a registrant's DEA registration.
Who Must Report Theft or Loss
The following individuals and entities are required to report theft or loss of controlled substances:
- Registrants: This includes manufacturers, distributors, dispensers, and researchers who are registered with the DEA to handle controlled substances.
- Licensed practitioners: This includes physicians, dentists, veterinarians, and other healthcare professionals who are licensed to prescribe controlled substances.
- Pharmacies: This includes retail pharmacies, hospital pharmacies, and other entities that dispense controlled substances.
DEA Form 251: An Overview
Although DEA Form 106 has replaced DEA Form 251, it is essential to understand the old form's requirements and procedures. DEA Form 251 was used to report theft or loss of controlled substances, and it required registrants to provide detailed information about the incident, including:
- Date and time of the theft or loss
- Location of the theft or loss
- Type and quantity of controlled substances involved
- Description of the circumstances surrounding the theft or loss
- Actions taken to recover the stolen or lost controlled substances
How to Complete DEA Form 251
To complete DEA Form 251, registrants must follow these steps:
- Obtain the form: Registrants can obtain DEA Form 251 from the DEA website or by contacting the DEA's Diversion Control Program.
- Fill out the form: Registrants must fill out the form legibly and accurately, providing all required information.
- Sign and date the form: Registrants must sign and date the form, attesting to the accuracy of the information provided.
- Submit the form: Registrants must submit the completed form to the DEA within 24 hours of discovering the theft or loss.
Reporting Requirements
Registrants must report theft or loss of controlled substances within 24 hours of discovering the incident. The report must be made using DEA Form 106, and it must include all required information.
Consequences of Failure to Report
Failure to report theft or loss of controlled substances can result in severe consequences, including:
- Fines and penalties
- Revocation of DEA registration
- Civil liability
- Criminal prosecution
Best Practices for Reporting Theft or Loss
To ensure compliance with reporting requirements, registrants should follow these best practices:
- Develop a reporting policy: Registrants should develop a policy for reporting theft or loss of controlled substances, including procedures for completing and submitting DEA Form 106.
- Train employees: Registrants should train employees on reporting procedures and the importance of compliance.
- Maintain accurate records: Registrants should maintain accurate records of controlled substances, including inventory, receipts, and shipments.
- Review and update policies: Registrants should review and update their reporting policies regularly to ensure compliance with changing regulations.
Conclusion
Reporting theft or loss of controlled substances is a critical aspect of compliance with the Controlled Substances Act. Although DEA Form 106 has replaced DEA Form 251, understanding the old form's requirements and procedures is still essential for registrants who may need to refer to historical records or comply with specific state regulations. By following best practices and maintaining accurate records, registrants can ensure compliance with reporting requirements and prevent diversion of controlled substances.
What is DEA Form 251?
+DEA Form 251 is a reporting form used by the Drug Enforcement Administration (DEA) to report theft or loss of controlled substances.
Who must report theft or loss of controlled substances?
+Registrants, licensed practitioners, and pharmacies must report theft or loss of controlled substances.
What information is required on DEA Form 106?
+DEA Form 106 requires registrants to provide detailed information about the theft or loss, including date and time, location, type and quantity of controlled substances involved, and description of the circumstances surrounding the theft or loss.