Question: What is DEA policy concerning Locum Tenens?

Answer: This is for clarification regarding locum tenens registration requirements with DEA. DEA issues a registration based, in part, upon the authority to handle controlled substances granted by the state in which a practitioner practices, as set forth in 21 U.S.C. §823(f). Title 21 C.F.R. §1301.12(a) states, "A separate registration is required for each principal place of business or professional practice at one general physical location where controlled substances are manufactured, distributed, imported, exported, or dispensed by a person." Title 21 U.S.C. §802(10) defines the word "dispense." The term "dispensed" means "to deliver a controlled substance to an ultimate user or research subject by, or pursuant to the lawful order of, a practitioner, including the prescribing and administering of a controlled substance . ."

Practitioners may only administer, dispense, or prescribe a controlled substance in a state if they [first] hold a DEA registration in that state, and are complying with all federal and state laws and regulations.

Locum tenens have the following options regarding their DEA registration when planning to legally handle controlled substances in multiple states:

• A practitioner can apply for a separate DEA registration in each state where they plan to administer, dispense, or prescribe controlled substances;

• As an alternative, if the practitioner will be working solely in a hospital/clinic setting, they may use the hospital’s DEA registration instead of registering independently with DEA if the hospital agrees and the situation warrants, as outlined in 21 C.F.R. §1301.22(c);

• Alternately, under 21 C.F.R. §1301.51, the practitioner may transfer their existing DEA registration from one state to another as needed by contacting ODR, or requesting the change on-line at www.DEADIVERSION.USDOJ.GOV. DEA will investigate these modifications of registration as if they were new applications. DEA will issue a new DEA certificate with the appropriate changes if DEA approves the modification.

The CSA requires a separate registration for each principal place of business or professional practice where controlled substances are manufactured, distributed, or dispensed, as set forth in 21 U.S. C. § 822(e). DEA has provided a limited exception to this requirement in that practitioners who register at one location in a state, but practice at other locations within the same state, are not required to register with DEA at any other location in that state at which they only prescribe controlled substances, as specified in 21 C.F.R. §1301.12(b)(3).