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DEA: Diversion Control


Guidance Document Portal

Executive Order 13891 requires agencies to put their guidance documents on easily searchable websites so individuals are able to access them, and Department of Justice policy prohibits using guidance as a substitute for regulation. Guidance may not be used to impose new requirements on persons outside the Executive Branch except as expressly authorized by law or expressly incorporated into a contract, grant, or cooperative agreement. See JM 1-19.000.

Guidance documents are not binding and lack the force and effect of law, unless expressly authorized by statute or expressly incorporated into a contract, grant, or cooperative agreement. Consistent with Executive Order 13891 and the Office of Management and Budget implementing memoranda, the Department will not cite, use, or rely on any guidance not so authorized or incorporated that is not accessible through this guidance portal, except to establish historical facts. To the extent any guidance document sets out voluntary standards (e.g., recommended practices), compliance with those standards is voluntary, and noncompliance will not result in enforcement action. Guidance documents may be rescinded or modified in the Department’s complete discretion, consistent with applicable laws.

Furthermore, guidance documents may not represent the Department’s authoritative or official position and generally are not intended to receive judicial deference. A guidance document may be considered the Department’s authoritative or official position only if it is issued in a form understood to reflect the Department’s authoritative policy, and only if it emanates from those Department officials whose actions in the relevant context may be said to reflect the considered views of the Department as a whole. See Question 25 of OMB Memorandum M-20-02, Guidance Implementing Executive Order 13891 (October 31, 2019).

Effective February 28, 2020, these documents can also be viewed and commented on at the United States Department of Justice Guidance Portal, the link to which will be posted soon.

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ActionDoc NameDoc Agency IDDoc TopicDoc SummaryIssued DatePosted DateCategory
Subcategory
Significant
Clarification of Title 21 CFR 1301.90 - Employee Screening - Non-PractitionersDEA-DC-6Employee ScreeningThis document identified a DEA regulation that may create unintended consequences for a formerly incarcerated individual that is attempting to successfully reenter society. Specifically, 21 CFR 1301.90 has been identified as such because this regulation sets forth specific questions in order for a non-practitioner to comprehensively screen employees. It also states DEA’s position on employee screening by non-practitioners in which “….obtaining information by non-practitioners is vital to fairly assess the likelihood of an employee committing a drug security breach. In this regard, it is believed that conviction of crimes and unauthorized use of controlled substances are activities that are properly subjects for injury.” Although 21 CFR 1301.90 has been identified, DEA would like to clarify that such regulation is only applicable to screening procedures for prospective employees at a non-practitioner DEA registered location where controlled substances are stored, distributed, manufactured, or otherwise handled and not applicable to prospective employees who will be employed at non-registered locations (ie corporate headquarters or sales offices).01-29-2020Controlled Substance SecurityPolicy StatementNo
Controlled Substances Act Pursuant to the Religious Freedom Restoration ActDEA-DC-5Religious ExemptionGuidance establishing a process for DEA decisions regarding requests for exemptions to handle controlled substances pursuant to the Religious Freedom Restoration Act (RFRA).02-26-201801-29-2020OtherPolicy StatementNo
DEA's policy concerning Locum TenensDEA-DC-12Locum TenensDEA’s policy concerning Locum Tenens provides an exception to 21 CFR 1301.12(a) requiring separate registration for each place of practice where controlled substances are handled. Separate registrations are not required in locations within the same state where practitioners merely prescribe. If practicing in multiple states, a practitioner at a hospital can use a hospital’s registration, and/or transfer an existing registration from one state to another through DEA’s Registration Section.09-13-201001-29-2020OtherLocum TenensNo
Drug Addiction in Health Care ProfessionalsDEA-DC-1Drug AddictionThis informational pamphlet is aimed at health care professionals. It is a guide to show how they can recognize drug addiction with co-workers and/or a drug impaired co-workers. The information alerts the reader to certain signs, behaviors or symptoms that the drug impaired co-worker may exhibit. The material discusses things such as absenteeism, frequent disappearances, not meeting deadlines and work performances alternating between low and high periods of productivity. The material also identifies responsibilities and things that can be done to help the co-worker. The guide also provides signs that an individual maybe diverting controlled substances.01-29-2020OtherPamphletNo
Pharmacist Guide to Prescription FraudDEA-DC-2Pharmacist GuideThis information alerts the reader to certain signs, behaviors or symptoms that the drug impaired co-worker may exhibit. The material discusses things such as absenteeism, frequent disappearances, not meeting deadlines and work performances alternating between low and high periods of productivity. The material also gives the reader what are his/her responsibilities and things they can do to help to co-worker. The guide also provides signs that an individual maybe diverting controlled substances. 01-29-2020Controlled Substance PrescriptionsGuideNo
Preventing DiversionDEA-DC-13Preventing DiversionThe document discusses ways for practitioners to be aware of signs that patients are trying to access drugs for diversion, such as giving vague symptoms, exaggerating pain, or avoiding tests and accessing medical history. The document also discusses ways for practitioners to avoid giving out prescriptions that could lead to diversion. Practitioners must assure they conduct medical examinations and tests while also looking out for signs of abuse when dealing with patients. 01-29-2020OtherPamphletNo
Preventing the Retail Diversion of PseudoephedrineDEA-DC-4Pseudoephedrine DiversionSummary of the Combat Methamphetamine Epidemic Act of 2005 (CMEA). Preventing the Retail Diversion of Pseudoephedrine, including CMEA requirements, methamphetamine background information, and DEA’s goals in combating the methamphetamine epidemic. 01-29-2020OtherPamphletNo
Questions and Answers for Pharmacies (EPCS)DEA-DC-10Pharmacies and EPCSQuestions and answers for pharmacies intended to summarize and provide general information regarding DEA’s Interim Final Rule for ECPS with request for comment.  The topics discussed include, but are not limited to: Audits and Certification of Applications, Reporting Security Incidents, Records, and Transmission of Prescriptions to Pharmacies.03-31-201001-29-2020Controlled Substance PrescriptionsEPCSNo
Questions and Answers for Prescribing Practitioners (EPCS)DEA-DC-9Prescribing PractitionersAll records for prescribing of an FDA-approved narcotic for the treatment of opioid addiction need to be kept in accordance with 21 CFR 1304.03(c), 21 CFR 1304.21(b).03-31-202001-29-2020Controlled Substance PrescriptionsQ&ANo
Questions and Answers for Providers of Electronic Prescription Applications, Pharmacy Applications, and IntermediariesDEA-DC-11EPCSQuestions and answers summarizing and providing information for electronic prescription application providers (including electronic health record application providers), pharmacy application providers, and intermediaries regarding the Drug Enforcement Administration Interim Final Rule with Request for Comment “Electronic Prescriptions for Controlled Substances” (75 FR 16236, March 31, 2010).03-31-201001-29-2020Controlled Substance PrescriptionsEPCSNo
Recognize the AbuserDEA-DC-3Public InformationThis pamphlet is directed to medical practitioners to assist them in recognizing a drug abuser, give them actions to take when confronted by a suspected drug abuser, and responsibilities regarding proper prescribing to prevent diversion. This includes common characteristics of the drug abuser and modus operandi often used by a drug-abusing patient.01-29-2020OtherPamphletNo
Use of Mobile Devices in the Issuance of EPCSDEA-DC-8Mobile Devices and EPCSThe remote practitioner engaged in the practice of telemedicine must be registered with DEA in the State where they are physically located and in every State where their patient(s) is (are) physically located.08-16-201801-29-2020Controlled Substance PrescriptionsEPCSNo
Use of Telemedicine While Providing Medication Assisted Treatment (MAT)DEA-DC-7Telemedicine and Medication Assisted TreatmentThe Ryan Haight Act requires that practitioners prescribing by means of the Internet conduct at least one in-person medical evaluation of their patient. (21 USC. 829(e)). However, there is an exception to this requirement; if the practitioner is DEA-registered and acting within the U.S, they can be exempt from the in-person medical evaluation if the practitioner is engaged in the practice of telemedicine and in accordance with 21 USC 802(54). The remote practitioner engaged in the practice of telemedicine must be registered with DEA in the State where they are physically located and in every State where their patient(s) is (are) physically located. All records for prescribing of an FDA-approved narcotic for the treatment of opioid addiction need to be kept in accordance with 21 CFR 1304.03(c), 21 CFR 1304.21(b).05-05-201801-29-2020OtherTelemedicineNo
Veterinary Medicine Mobility Act of 2014DEA-DC-14Veterinary Medicine Mobility Act of 2014The DEA policy letter from Louis J. Milione to registrant explaining that the Veterinary Mobility Act of 2014 should be interpreted exactly as written, and outlines the situations that vets can transport and dispense CS a site other than their principle place of business without a separate registration according to the new law. “House calls” are used as the prime example in which the vet does not need a separate registration to dispense CS.02-25-201601-29-2020OtherPolicy StatementNo