Regulations &
Codified CSA > CFR > Section
1301 > Section 1301.76
Section 1301.76 Other security controls for practitioners.
(a) The registrant shall not employ, as an agent or employee who has access to controlled
substances, any person who has been convicted of a felony offense relating to controlled
substances or who, at any time, had an application for registration with the DEA denied, had a
DEA registration revoked or has surrendered a DEA registration for cause. For purposes of this
subsection, the term "for cause" means a surrender in lieu of, or as a consequence of, any federal
or state administrative, civil or criminal action resulting from an investigation of the individual's
handling of controlled substances.
(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. 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.
(c) Whenever the registrant distributes a controlled substance (without being registered as a
distributor, as permitted in Sec. 1301.13(e)(1) and/or
Secs. 1307.11-1307.12) he/she shall
comply with the requirements imposed on nonpractitioners in Sec. 1301.74
(a), (b), and (e).
(d) Central fill pharmacies must comply with §
1301.74(e) when selecting private, common or contract carriers to
transport filled prescriptions to a retail pharmacy for delivery to
the ultimate user. When central fill pharmacies contract with private,
common or contract carriers to transport filled prescriptions to a
retail pharmacy, the central fill pharmacy is responsible for
reporting in-transit losses upon discovery of such loss by use of a
DEA Form 106. Retail pharmacies must comply with § 1301.74(e) when
selecting private, common or contract carriers to retrieve filled
prescriptions from a central fill pharmacy. When retail pharmacies
contract with private, common or contract carriers to retrieve filled
prescriptions from a central fill pharmacy, the retail pharmacy is
responsible for reporting in-transit losses upon discovery of such
loss by use of a DEA Form 106.
[36 FR 7778, Apr. 24, 1971, as amended at 36 FR 18731, Sept. 21, 1971; 37 FR 15919, Aug. 8,
1972. Redesignated at 38 FR 26609, Sept. 24, l973; 47 FR 41735, Sept. 22, 1982; 56 FR 36728,
Aug. 1, 1991; 62 FR 13957, Mar. 24, 1997; 68 FR 37409, June 24, 2003]
NOTICE: This is an
unofficial version. An official version of this publication may be obtained
directly from the Government Printing Office (GPO).
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