How to Report a Significant Loss or Theft of Controlled Substances with DEA Form 106
Have you recently had a drug diversion event or another significant loss of controlled substances at your healthcare facility? We’ve put together a step-by-step guide on how to report a significant loss or theft of a Controlled Substance to the DEA using DEA Form 106.
Step 1: Identify if you need to submit Form 106 to the DEA.
You should submit the form when your facility has a “significant” amount of controlled substances go missing through being misplaced or stolen
Breakage or spillage of controlled substances is not reported under DEA Form 106 and is instead reported under DEA Form 41
It’s best to take your facility’s size and daily quantity of controlled substances handled into account when deciding what signifies a minor inventory shortage vs. a significant loss
Minor inventory shortages do not need to be reported
Also, it’s good to take into account if the substance that’s unaccounted for is a common target for theft or if there is a pattern of losses
The DEA does not specify any particular quantities or numerical thresholds when it says “significant loss” (usually it’s best to err on the side of caution and report the loss)
Step 2: Notify the local Field Division Office of the Administration in your area upon discovery of the loss of controlled substances
You can find your local office’s information and location through the DEA’s site
This should be done immediately
The DEA recommends that you notify them via fax
This way you avoid any miscommunication if you decide to contact via phone or any potential delays if you mail it in
Here’s a document that provides templates you can use to properly notify the DEA
Once you’ve notified your local office, you can move on to filling out the actual DEA Form 106
For the official form, you have more time you gather more information as you investigate
The DEA advises that you provide updates if the investigation takes more than two months and believes a goal of submitting the form within 30 days is good practice
Step 3: Gather the necessary info, as you’ll need:
Your DEA number
Your last name or the business name you used to register with the DEA
Background info on the controlled substances:
The names
Dosage strength
Forms (vials, liquids, tablets, etc.)
Quantities
Background info on the incident
Date and place
The type (night break-in, armed robbery, etc.)
The estimated value of the controlled substances
Step 4: Fill out DEA Form 106
There are two ways to submit the form
A PDF version can be found through this link and be submitted to your local Field Diversion Office
Or you can electronically submit through the Diversion Control Division online portal
You can call the DEA Call Center (1-800-882-9539) with questions as well
Most of the form is rather straightforward
Question #17 is where we want to help you with your security. The question asks: “What security measures have been taken to prevent future thefts or losses?”
MedServe’s digital narcotic management system is an excellent way to help improve medication security and prevent future thefts/losses through digital tracking
Step 5: Keep Records of Everything
Make a copy of the notification letter that you fax to your local Field Division Office
In addition, DEA regulations specify that you keep a copy of DEA Form 106 for your records for two years
Step 6: Don’t Stress Out
While submitting forms to the DEA or any government institution can be stressful and daunting, just remember, the people in those government offices are just regular people
They’re just trying to make their job go as smoothly as possible, just like you, so they can go home at the end of the day with as little stress as possible
We can all work together to improve our systems for handling and distributing controlled substances
We hope this guidebook has helped fend off the stress and confusion of documentation and submission requirements to the DEA. A reminder to always consult your pharmacy resource prior to submitting Form 106.