02-392-4 Me. Code R. § 23-3

Current through 2024-51, December 18, 2024

Section 392-4-23-3 - Reporting of Theft, Loss and Unresolved Inventory Discrepancies of Controlled Drugs

A pharmacist shall report any significant theft, loss or unresolved inventory discrepancy of controlled drugs to the board. The pharmacist shall make the report no later than 7 days after discovery of the theft, loss or inventory discrepancy. The report may be made via letter, facsimile transmission or email, must be signed by the pharmacist in charge or other pharmacist with knowledge of the situation, and must list the controlled drugs and quantities of same that were lost or stolen or cannot be accounted for. A pharmacist may satisfy the reporting obligation for controlled substances by filing Form 106 with the DEA and sending a copy to the board.

When determining if a theft, loss or unresolved inventory discrepancy is "significant," a pharmacist 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; and

6. Local trends and other indicators of the diversion potential of the missing controlled substance.

02-392 C.M.R. ch. 4, § 23-3