Notifying the DEA of Theft and Significant Loss

The DEA has on ongoing investigation into processes at Lynchburg General Hospital in conjunction with a diversion case there (See article here: DEA: Outcome of Search at Lynchburg Hospital not Expected until Summer).

This is an important case for hospitals that have relationships with EMS services, but there are implications for all hospitals. Most hospitals complete a DEA form 106 for theft and significant loss, but in my experience they rarely provide written notification to the field office in a separate communication. It is assumed that the form 106 is sufficient DEA notification.

At the outset of most diversion investigations, it is difficult to determine the total amount of theft and to know exactly what happened. Given the details of the Lynchburg case, hospitals should strongly consider sending the field office an initial form 106 and a preliminary notice explaining what is known and what further investigation will be undertaken. The initial notifications can then be supplemented with a final report and additional 106 when the case is concluded.

The relevant provisions in the Code of Federal Regulations include:

PART 1301 — REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, AND DISPENSERS OF CONTROLLED SUBSTANCES

§1301.76 Other security controls for practitioners.

(b) The registrant shall notify the Field Division Office of the Administration in his area, in writing, of the theft or significant loss of any controlled substances within one business day of discovery of such loss or theft. The registrant shall also complete, and submit to the Field Division Office in his area, DEA Form 106 regarding the loss or theft.

Leave a Reply