Section R. 338.3141 - Thefts and diversionsRule 41.
(1) An applicant or licensee shall provide effective controls against theft and diversion of controlled substances.(2) A licensee shall confirm that a person is licensed to possess a controlled substance before distributing the substance to the person.(3) Within 45 days after completion of an investigation regarding a suspected theft or significant loss of a controlled substance, a licensee shall notify the department of the suspected theft or significant loss of a controlled substance and submit a copy of the DEA theft and loss report form 106, or equivalent document, to the department, whether or not the controlled substance is recovered or the responsible individual is identified and action is taken against the responsible individual, and whether or not it is also reported to the DEA.(4) A licensee shall use all of the following criteria to determine if the loss in subrule (3) of this rule is significant:(a) The quantity of the controlled substance lost in relation to the type of business.(b) The specific controlled substance lost.(c) Whether the loss of the controlled substance can be associated with access to the controlled substance by specific individuals, or whether the loss can be attributed to unique activities that may take place involving the controlled substance.(d) A pattern of loss over a specific time period, whether the loss appears to be random, and the results of efforts taken to resolve the loss.(e) Whether the specific controlled substance is a likely candidate for diversion.(f) Local trends and other indicators of the diversion potential of the missing controlled substance.Mich. Admin. Code R. 338.3141
1979 AC; 1980 AACS; 1992 AACS; 2002 AACS; 2022 AACS; 2024 MR 10, Eff. 5/28/2024