Summary: DEA form 106 used to report thefts or significant losses of controlled substances can only be submitted electronically. Registrants will have 45 days, after discovery of the theft or loss, to complete and submit an accurate DEA Form 106 through the DEA Diversion Control Division secure network application. This final rule does not change the requirement that registrants preliminarily notify the DEA Field Division Office in their area, in writing, of the theft or significant loss of any controlled substances within one business day of discovering such theft or loss.
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Diversion, Significant Loss, Spills or Theft
Federal Register Notice
Date June 22, 2023
The Final Rule: Reporting Theft or Significant Loss of Controlled Substances (DEA574), published on June 22, 2023, in the Federal Register under citation 88 FR 40707.
This rule amends DEA regulations regarding DEA Form 106, used by DEA registrants to report thefts or significant losses of controlled substances, to require the DEA Form 106 be submitted electronically, and clarifies the timeframe registrants have to complete the necessary documentation.
Effective July 24, 2023, registrants will be required to submit all DEA Forms 106 electronically (online) through DEA’s Diversion Control Division secure network application. After July 24, 2023, DEA will no longer accept paper submissions of the DEA Form 106. Thus, eliminating all paper submissions of the DEA Form 106 after July 24, 2023.
This Final Rule also requires a timeframe on the submission of the DEA Form 106. Registrants will have 45 days, after discovery of the theft or loss, to complete and submit an accurate DEA Form 106 through the DEA Diversion Control Division secure network application.
This final rule does not change the requirement that registrants preliminarily notify the DEA Field Division Office in their area, in writing, of the theft or significant loss of any controlled substances within one business day of discovering such theft or loss.
For further information, please contact:
Scott A Brinks, Regulatory Drafting and Policy Support Section, Diversion Control Division, Drug Enforcement Administration; Telephone: (571) 776-3882; Email: dpw@dea.gov.
