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DEA Revises Its Rules Regarding Theft/Loss of Controlled Substances

Posted 7/3/2023

DEA just published a final rule amending its theft and loss reporting regulations to require registrants to submit a ?Report of Theft or Loss of Controlled Substances,? DEA Form 106 (?DEA-106?), electronically to the agency within 45 days of discovery of a theft or significant loss. Reporting Theft or Significant Loss of Controlled Substances, 88 Fed. Reg. 40707, 40708 (June 22, 2023) (to be codified at 21 C.F.R. 1301.74(c) and .76(b)). Attached here.

The rule now requires registrants to first report a theft or significant loss in writing within one business day of discovery (step 1), followed literally by a DEA-106 filed through the agency?s secure network application ?within 45 calendar days? (for non-practitioners) and ?within 45 days? (for practitioners) after discovery (step 2). Id. at 40712. DEA will no longer accept hardcopy DEA-106s as of July 24, 2023. Id. at 40708. For a comprehensive review of the law please see a blog posted by Hyman, Phelps & McNamara here.

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Sponsor Spotlight

COMPASS Pathways

COMPASS Pathways is delighted to be a sponsor of NASCSA and looks forward to both engaging with controlled substances authorities, NASCSA leadership, and members to learn about their important work, and educate about our company's mission and the innovations underway using novel therapies.

COMPASS Pathways is a mental health care company dedicated to accelerating patient access to evidence-based innovation in mental health. Our focus is on improving the lives of those who are suffering with mental health challenges and who are not helped by current treatments.

We are developing innovative therapies and, when appropriate, combining them with psychological support and next-generation digital tools to forge new, sustainable mental health care pathways.

Our investigational COMP360 psilocybin therapy is currently undergoing phase 3 investigation in treatment-resistant depression. We are also assessing COMP360 in anorexia nervosa and post-traumatic stress disorder, across multiple clinical studies.

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