When controlled substances are lost or stolen, DEA registrants are legally required to follow a strict two-step reporting process when executing the DEA Form 106. Failure to comply can result in serious consequences—including fines, license suspension, or even criminal charges.
At Brinks DEA Consulting, we specialize in helping healthcare providers, pharmacies, and other registrants navigate DEA regulations with confidence. Our goal is to ensure you’re not just meeting requirements—but protecting your license, reputation, and patients.
Step-by-Step Reporting Instructions
Step 1: Immediate Written Notification
Deadline: Within 1 business day of discovering the loss or theft.
Action: Notify your local DEA Field Division Office in writing.
⚠️ Important: Submitting DEA Form 106 does not fulfill this requirement. A separate written notification must be sent.
How to Do It:
- Identify your local DEA Field Division Office Find DEA Offices
- Draft a written notice including:
- Date of discovery
- Description of incident
- Substances involved
- Preliminary corrective actions
- Send via email or fax (check your local office’s preferred method)
Step 2: Submit DEA Form 106
Deadline: Within 45 days of discovery.
Action: File DEA Form 106 electronically via the DEA Diversion Control Division portal.
Form Requirements:
- DEA registration number
- Date and location of incident
- Detailed list of substances lost or stolen
- Description of circumstances
- Corrective actions taken
DEA Form 106 is available exclusively online and must be completed electronically through the DEA Diversion Control Division website. [Click here]
Why This Matters
The DEA requires both steps to ensure timely alerts and thorough documentation. Skipping either step can trigger:
- Civil penalties
- Regulatory audits
- Criminal investigations
Quick Compliance Tips
- ✅ Train staff on DEA theft/loss reporting procedures.
- ✅ Maintain accurate inventory records and reconcile regularly.
- ✅ Investigate losses promptly and document findings.
- ✅ Review DEA Form 106 submissions for completeness and accuracy.
What the Regulations Say
21 CFR §1301.76(b) outlines the legal obligations:
“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… The registrant must also file a complete and accurate DEA Form 106… within 45 days.”
Factors to consider when determining if a loss is “significant”:
- Quantity lost relative to business type
- Specific substances involved
- Access by specific individuals
- Patterns or randomness of losses
- Diversion potential of substances
- Local trends and diversion indicators
Need Help Navigating DEA Compliance?
Brinks DEA Consulting offers:
- Incident response planning
- DEA audit preparation
- Staff training and SOP development
- Form 106 review and submission support
📞 Concerned about how your company executes the DEA Form 106 process contact scott@sbrinksconsulting.com