Report a Drug Theft/Drug Loss/Impaired Licensee

Any controlled substance loss (significant or not), must be reported to the California Board of Pharmacy within 14 calendar days from the date of loss for losses due to licensed employee theft (pursuant to Business and Professions Code, §4104), or 30 calendar days (pursuant to California Code of Regulations, Title 16, §1715.6) for any other type of loss.

During its January 2020 Board meeting, the Board approved the following policy statement intended to encourage pharmacies to refer such matters also to local law enforcement of drug diversion cases, in addition to providing the mandatory report to the Board.

In recognition of the ongoing national opioid crisis and in addition the mandatory reporting obligations to the Board included in BPC 4104, the board encourages pharmacies and pharmacists to contact local law enforcement for guidance on matters involving narcotics diversion by its employees.

To report an impaired licensee, file a complaint with the California State Board of Pharmacy within 14 days of discovery.

A copy of the DEA-106 form can be sent to the Board of Pharmacy if one was completed and submitted to the DEA. (You can complete and submit the DEA 106 form on-line to the DEA at https://www.deadiversion.usdoj.gov/webforms/app106Login.jsp). However, notifications of controlled substance drug losses sent to the Board of Pharmacy may be in any format that includes the following information:

• Pharmacy Name and Address
• Date(s) of Loss or Theft
• Type of Theft or Loss
• Name of the carrier (if “Lost in Transit”)
• Name, quantity, and strength of the drug(s) lost or stolen
• Person submitting the loss notification with contact information
• Board of Pharmacy license numbers of all parties involved

Optional, but helpful information to include:

• Previous number of thefts or losses
• NDC number(s)
• Any details that may be pertinent to the loss (if applicable)

Notifications can be sent to the Board of Pharmacy in one of three ways:

• Send us a message,
• By fax to (916) 574-8614, or
• By mail to: 2720 Gateway Oaks Drive, Suite 100, Sacramento, CA 95833