DEA Form 106: A Critical Two-Step Process You Can’t Afford to Miss!

When controlled substances are lost or stolen, DEA registrants are legally required to follow a strict two-step reporting process. Missing either step can result in significant penalties, including fines, license suspension, or even criminal charges. With deep expertise in DEA regulations and real-world experience in compliance consulting, Brinks DEA Consulting ensures you’re not just meeting requirements—but protecting your license, reputation, and patients.

Step 1: Immediate Notification

Within 1 business day, notify your local DEA Field Division Office in writing.

Note: Submitting DEA Form 106 does not replace this step.

Step 2: Submit DEA Form 106

Within 45 days, file DEA Form 106 electronically via the DEA portal. This form includes details about the incident, substances involved, and corrective actions.

Why It Matters

Failing to follow both steps can result in fines and regulatory action. The DEA requires quick alerts and thorough documentation to prevent diversion and protect public safety.

Quick Tips

Train staff on DEA reporting rules.
Keep accurate records.
Investigate losses promptly

What do the regulations actually say: 21 CFR 1301.76(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 must also file a complete and accurate DEA Form 106 with the Administration through DEA’s Diversion Control Division secure network application within 45 days after discovery of the theft or loss. When determining whether a loss is significant, a registrant should consider, among others, the following factors:

(1) The actual quantity of controlled substances lost in relation to the type of business;

(2) The specific controlled substances lost;

(3) Whether the loss of the controlled substances can be associated with access to those controlled substances by specific individuals, or whether the loss can be attributed to unique activities that may take place involving the controlled substances;

(4) A pattern of losses over a specific time period, whether the losses appear to be random, and the results of efforts taken to resolve the losses; and, if known,

(5) Whether the specific controlled substances are likely candidates for diversion;

(6) Local trends and other indicators of the diversion potential of the missing controlled substance.